Samsung Faces Multi-Phone Class Action, Recalls Washers

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By Martina Barash

Nov. 4 — Nine models of Samsung smartphones are all prone to overheating, fires and explosions, four California consumers alleged in a proposed class action ( Martin v. Samsung Elecs. Am. Inc. , N.D. Cal., No. 3:16-cv-06391, complaint filed 11/2/16 ).

Meanwhile, a Nov. 4 washing-machine recall covering 2.8 million units that can fly apart compounded Samsung Electronics America’s product-related woes.

Seven phones in the Galaxy S series, and the Galaxy Note 5, contain batteries with at least as much capacity as the recalled Galaxy Note 7, Demetrius Martin and three other California residents alleged on behalf of a statewide class.

And all were designed, developed and manufactured in much the same way as the recalled Note 7, they said in the complaint, filed Nov. 2 in the U.S. District Court for the Northern District of California.

The plaintiffs assert claims for fraudulent concealment, violation of consumer-protection laws and unjust enrichment. They seek economic-loss damages, restitution and orders preventing Samsung from selling the phones and violating the law in the future.

Samsung couldn’t immediately be reached for comment.

The first class action over the Note 7 was filed Oct. 18. And an injury suit filed Sept. 8 alleged fire hazards also plague the company’s Galaxy S7 Edge phone, one of the ones in the S series.

The washing-machine recall involves a risk that the upper part of the top-loaders can detach from the base during use, according to the Consumer Product Safety Commission. Samsung has received reports of nine injuries, including a broken jaw, and injured shoulder, according to the agency.

Consumers can get a reinforcement repair, a rebate to be applied to a new unit, or, for recent purchases, a full refund.

Cotchett, Pitre & McCarthy LLP and Stonebarger Law APC represent the class-action plaintiffs.

To contact the reporter on this story: Martina Barash at MBarash@bna.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bna.com

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