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By JOE REYES | 06/14/2015 09:55:47Many people may have seen the picture above and assumed it was a promotional photo of Samsung.
But what if the picture was real?
Well, that would be a real life story.
In July, a man named Michael Breen of Los Angeles, California filed a class action lawsuit against Samsung.
The lawsuit was filed in California State Court and alleges that Samsung breached its contractual obligations and breached his rights under the California Consumer Fraud and Abuse Act by not providing him with an effective and adequate warranty and to provide a service that caused damage to his business.
Breen also alleges that the Samsung warranty was insufficient.
I was given a copy of the complaint to speak with Michael Beren’s attorney, Mark Bienenfeld, who told me that the suit is not a consumer product liability suit and that Breen’s claims against Samsung are not valid.
As Breen explains, the Samsung Galaxy S5 and S5 Edge devices have been out for years and are still on sale.
He claims that the company has not updated the devices with new firmware or new features, and that it has been using the older version of its own drivers to keep the devices running.
Breen alleges that despite these complaints, Samsung still continues to charge his business for the phones, and has refused to provide him with replacement devices.
According to Breen, Samsung has not paid for the replacement devices, has not provided a warranty, and is charging his business more than the replacement costs, even though Breen believes the cost of the replacement should be the same.
According to the complaint, Samsung’s warranty claims are “not adequate” and, in fact, violate the Consumer Fraud Act.
In other words, Samsung is charging Breen more than he should be paying.
Breen’s attorney says that the court should reject Breens claims and that the judge should rule in his favor because the warranty claims and other damages should be considered to be the actual damages.
The lawsuit is a win for Samsung and for Michael Bosener.
It is also a win because it gives consumers an option.
If Samsung can be sued for violating its contract with its customers, it can be held liable for those actions.
If you think you have been charged for a defective Samsung product, contact Samsung for assistance.