Court Largely Denies Google’s Motion to Dismiss Lawsuit Related To Alleged Microphone Defect In Google Pixel Phones

Court Largely Denies Google’s Motion to Dismiss Lawsuit Related To Alleged Microphone Defect In Google Pixel Phones

On August 16, 2018, the Northern District of California granted in part and denied in part Plaintiffs’ first amended class action complaint against Google LLC alleging that a defect in the Google Pixel and Pixel XL smartphones causes their microphones to fail.

The Court found that Plaintiffs’ complaint stated viable claims for breach of the implied covenant of good faith and fair dealing, fraudulent concealment, and violations of California’s consumer fraud statutes. Although the court dismissed Plaintiffs’ warranty-based claims – including claims for breach of express and implied warranty and a claim under the federal Magnuson-Moss Warranty Act – the court indicated that Plaintiffs may amend their pleading with respect to these claims and dismissed these causes of action without prejudice. The Court’s motion to dismiss decision is available below.

The alleged microphone defect in the Pixels has created major problems for consumers across the country. When the Pixel microphone fails, people cannot use the phones for their most basic purpose—phone calls. Microphone failure incidents have prevented Pixel users from being heard while trying to talk on the phone and Pixel users have also been unable to dictate texts, record audio, search the web with voice command, or use the advertised Google Assistant feature. The lawsuit also alleges that Google sold and continues to sell these phones at premium prices despite knowing of the microphone defect and resulting incidents. Further, when consumers with failed phones have sought warranty service from Google, they have been provided replacement phones with the same defect. If you have experienced microphone failure in your Pixel smartphone, please contact our law firm here.

Attorneys for this case:

Benjamin F. Johns
Andrew W. Ferich
Zachary P. Beatty
Beena M. McDonald