Noble v. Samsung Electronics America, Inc., Case No. 15-cv-3713 (U.S. District Court for the District of New Jersey)
This consumer class action alleges that the Samsung Gear S Smartwatch does not live up to Samsung’s assertions concerning battery life. Samsung claimed that the Smartwatch would last 1-2 days on a single charge. The lawsuit alleges that, in reality, consumers experienced a battery life of just four hours or less.
Because the Gear S was the first mass-marketed watch to contain integrated cellular services, consumers believed they were purchasing a device that could offer them connectivity for calls, navigation, music streaming and other services without the need to maintain a separate phone. The case alleges that the failure of the device to last even a day without a charge thwarted the reasonable expectations of consumers.
In order to avoid litigation of the case in court, Samsung sought to compel individual arbitration, which would have forced Plaintiff out of court and eliminated any possibility of a class action. Judge Madeline Cox Arleo denied Samsung’s request to compel arbitration. Following an unsuccessful appeal to the United States Court of Appeals for the Third Circuit, Samsung moved to dismiss the case. On February 5, 2018, Samsung’s motion to dismiss was largely denied—leaving intact four of Plaintiff’s six claims. The case is now proceeding in active litigation.
If you have any questions concerning this case or would like to share your experience with the Gear S Smartwatch, please contact William Anderson, Esq. at 303-800-9109 or [email protected].