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SAN FRANCISCO (Legal Newsline) - A class action lawsuit says a certain smartphone comes with a secret setting that keeps it from reaching its full potential.
Eric Wade filed a federal class action complaint on July 28 in the U.S. District Court for the Northern District of California against OnePlus USA Corp. and OnePlus, Inc. for violation of the computer fraud and abuse act, violation of California consumer protection laws, trespass to chattels, fraud and other claims.
According to the complaint, Wade alleges that the OnePlus 9 Pro smartphone has a “Secret Setting” that restricts, or “throttles," access to the devices’ processing power and other resources, while also benchmarked applications are set to receive full access to the device's resources so that the device will appear to run at full power while in test mode.
The suit says in real-world use, the applications receive throttled and reduced performance. Wade alleges that because this information is not told to consumers, OnePlus is being fraudulent in its representation of its phones and their capabilities.
Wade is represented by Neal J. Deckant of Bursor and Fisher, P.A.
U.S. District Court Northern District of California case number 5:21-cv-05811-BLF