GETIHU power bank does not have capacity advertised, consumer alleges

By Jenie Mallari-Torres | Dec 3, 2018

SAN JOSE, Calif. (Legal Newsline) – A New York man alleges that a power bank he purchased that was manufactured by a California company does not have the capacity advertised.

Daniel Mazzone filed a complaint individually and on behalf of other similarly situated individuals on Nov. 19 in the U.S. District Court for the Northern District of California against Topstar Technology LLC citing the California Consumers Legal Remedies Act.

According to the complaint, the defendant markets and manufactures power banks under the GETIHU label for use with portable electronic devices. The plaintiff alleges he purchased the defendant's product from Amazon in May 2017 and relied on the defendant's representation the product's capacity was 10,000mAh. He alleges testing revealed the product's capacity is 5,498mAh.

The plaintiffs hold Topstar Technology LLC responsible because the defendant allegedly falsely represented the product's capacity.

The plaintiff requests a trial by jury and seek judgment against defendants, certify class action, award injunctive relief, monetary and statutory damages, restitution of ill-gotten gains, costs, expenses of suit, attorneys' fees and further relief as the court deems just. He is represented by D. Greg Blankinship and Jean Sedlak of Finkelstein, Blankinship, Frei-Pearson & Garber LLP in White Plains, New York; and Laurence D. King and Mario M. Choi of Kaplan Fox & Kilsheimer LLP in San Francisco.

U.S. District Court for the Northern District of California case number 5:18-cv-06989

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