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Friday, March 29, 2024

Woman files class action against Samsung after dropping phone in toilet

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LOS ANGELES (Legal Newsline) — A California woman is suing Samsung, alleging fraud, false advertising and unjust enrichment.

Dulce Alondra Velasquez-Reyes of Ontario, California, filed a class action complaint, on behalf of herself and others similarly situated Sept. 12 in U.S. District Court for the Central District of California against Samsung Electronics America Inc., alleging the manufacturer deceived consumers through false representations.

According to the complaint, on May 1, Velasquez-Reyes was influenced by Samsung's advertisement to purchase its cellular telephone, the Samsung Galaxy S7, mainly because of its alleged water-resistant feature.

However, on July 20, the suit says, Velasquez-Reyes accidentally dropped her phone into a toilet. The lawsuit states she immediately retrieved the phone and dried the unit but it malfunctioned until it no longer can initiate the start-up process.

The complaint states this caused Velasquez-Reyes to suffer monetary damages from paying for a premium product.

The plaintiff alleges Samsung refused to replace or refund the damaged unit, induced plaintiffs to purchase a falsely advertised product and failed to adequately design the unit to meet its expressed warranty.

Velasquez-Reyes seeks trial by jury, certification as a class action, appointing the her and her counsel as class representatives, monetary relief, injunctive and declaratory relief, interest, attorney fees, court costs and all relief deemed just. The plaintiffs are represented by attorneys Daniel C. Girard, Jordan Elias and Simon S. Grille of Girard Gibbs LLP in San Francisco.

U.S. District Court for the Central District of California Case number 5:16-cv-01953

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