This Galaxy Note 7 class action isn’t what you think it’s about
The law firm that’s filing suit on behalf of iPhone 6 and iPhone 6 Plus owners who feel bereaved by Apple’s handling of Touch Disease is representing another class action, this time against Samsung. But no, it’s not directly related to injuries suffered by people having to toss around flaming hot phablets.
Three plaintiffs have joined for a single suit, filed by McCuneWright, LLP, originating in New Jersey, and claim that Samsung failed to provide replacement devices in a timely fashion after it issued its initial “voluntary recall” of the Galaxy Note 7. It was announced on September 2 following multiple reports of phones overheating and exploding.
Replacement Note 7 units were not immediately available at the time — Samsung and its retail partners either had to stick with interim Galaxy S7 units or other remedial measures. Some customers chose to keep their recalled unit and wait to exchange it for a new one. It took until the 21st of the month before replacement Note 7’s started becoming available in some markets and in limited quantities.
John Waudby of Nevada, Robert Spuntak of Pennsylvania and Mohammad Ibrahim of California all claim monetary damages as a result of the oversight — mostly in the form of having to pay for the phone on an equipment installment plan and not being able to use it. More than 100 other class members have joined and damages are now estimated at above $5 million minus interest and costs.
The counts are breach of warranty, fraud and breach of good faith and fair dealing.