Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) Files Motion for Class Certification Relating to Google Pixel Smartphones With Defective Microphones
On November 5, 2018, CSK&D, along with co-counsel, filed a motion seeking to certify a class of consumers who purchased first-generation Google Pixel and Pixel XL smartphones containing a defect that causes the microphones and speakers in the phones to fail. When the defect manifests, the Pixels can no longer perform basic functions. Specifically, Pixel users cannot be heard during phone calls, voice recording functions fail to work, and the highly touted voice-command Google Assistant feature no longer is usable.
The operative Second Amended Complaint alleges that Google rushed the Pixels to the market without properly testing the phones and that, despite knowing about the microphone defect prior to release, it continued to advertise and sell the Pixels to unwitting consumers. When the phones fail, Google fails to provide effective repairs or replacements under the warranty. Plaintiffs have alleged that this and other related conduct by Google violates California consumer protection statutes and amounts to fraud.
Through their motion, Plaintiffs are seeking to certify a class of all individuals in the United States who purchased from Google or an authorized Pixel retailer a Pixel or Pixel XL smartphone that was manufactured before January 5, 2017. In the alternative, Plaintiffs have asked the Court to certify a class consisting of individuals in the United States who purchased Pixel or Pixel XL smartphones directly from Google or an authorized retailer in California.
The case is Weeks et al. v. Google LLC, Case No. 5:18-cv-00801-NC, and is pending before the United States District Court for the Northern District of California. The sealed motion for class certification can be accessed here.
If you purchased a first-generation Pixel or Pixel XL smartphone and have experienced microphone failure, please contact the lawyers listed below.