SAN FRANCISCO (Legal Newsline) – Two California consumers allege the HTC Bolt smartphones they purchased had defects that caused the devices to fail early.
Bryan Drobnick and Robert Holman, individually and on behalf of all others similarly situated, filed a complaint on March 20 in the Superior Court of the State of California against HTC Corp. and HTC America Inc. alleging violation of the Consumer Legal Remedies Act and False Advertising Law.
According to the complaint, the defendants released the HTC Bolt smartphones for $600 in November 2016. The suit states the phone was advertised as a "speedy, durable device," with a large battery and high-definition display. The plaintiffs allege that the phones are "plagued by irreparable design and manufacturing devices" that cause them to fail "within days or months of purchase."
Drobnick alleges his HTC Bolt failed within four months of purchase and Holman alleges the two Bolts he purchased failed as well.
The plaintiffs hold HTC Corp. and HTC America Inc. responsible because the defendants allegedly failed their duty to disclose the defects by attempting to conceal the defects with ineffective thermal throttling software, which significantly degraded the performance of the devices.
The plaintiffs request a trial by jury and seek injunctive relief or declaratory relief, punitive damages, attorneys' fees, costs of suit, and such other and further relief as the court may deem appropriate. They are represented by Adam J. Gutride, Seth A. Safler and Todd Kennedy of Gutride Safier LLP in San Francisco and Nicholas Migliaccio, Jason Rathod and Esfand Y. Nafisi of Migliaccio & Rathod LLP in Washington, D.C.
The defendant removed the case to the U.S. District Court for the Northern District of California on May 2.
U.S. District Court for the Northern District of California case number CGC18565124