Chimicles Schwartz Kriner & Donaldson-Smith LLP Files Complaint on Behalf of Consumers who Purchased Samsung Note 4 or Note 4 Edge Smartphones
On September 6, 2017, Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) filed a class action against Samsung in New Jersey federal court to recover damages for consumers who purchased allegedly defective Samsung Note 4 or Note 4 Edge smartphones. The lawsuit asserts claims for breaches of implied warranties, violations of Consumer Protection statutes, and violations of the Magnuson-Moss Warranty Act associated with a “Bootloop Defect” in Note 4 devices. The complaint alleges that Samsung’s Note 4 devices suffer from a defect that causes unprompted shutdowns and reboots, sluggish behavior, and sporadic freezing. Ultimately, the complaint alleges, the Note 4 devices crash, shutdown, and then become stuck in an endless reboot cycle rendering the phone useless. The complaint alleges that many consumers are left without assistance from Samsung, and, even when Samsung agrees to assist, the consumers are left for days or weeks without a functional phone. The complaint alleges that the Bootloop Defect is so pervasive that Samsung has, in some instances, run out of the necessary repair parts. Even worse, the complaint alleges, many consumers face multiple failures despite Samsung’s attempt to repair or replace the Note 4 devices. The complaint alleges that Samsung had or should have had knowledge of this defect, yet it sold the defective Note 4 devices to unsuspecting consumers.