Patricia Weeks and Waleed Anbar have filed a 7-count Class Action against Google over the faulty Pixel and Pixel XL smartphones and are demanding $5 million. The law firm of Girard Gibbs who filed this lawsuit on behalf of the plaintiffs is rumored to now be preparing a second class action against Google relating to Pixel phone display burn-in issues with the latest Pixel 2.
The Summary of the Patricia Weeks and Waleed Anbar class action was presented in their formal complaint before the court as follows:
"This is a consumer protection class action on behalf of individuals who purchased Pixel and Pixel XL smartphones. The Pixel phones contain a manufacturing defect that renders their microphone and speakers prone to malfunctioning and failing. The defect compromises the phone's core functionality, preventing consumers from communicating by voice call and from using features like Google Assistant (a counterpart to Apple's "Siri" for the iPhone).
Google designed, manufactured, marketed, and sold the Pixel phones. It promoted the Pixel phones as premium products and priced them from $649 to $869. Yet, immediately after launching the phones, customers complained directly to Google of "severe microphone issues." Despite receiving hundreds of complaints shortly after launch—and admitting the phones have a 'faulty microphone'—Google continues to sell the Pixel phones without telling purchasers about the microphone defect.
Moreover, instead of fixing the defective Pixel phones, providing refunds, or replacing the devices with non-defective phones, Google has replaced defective phones with other defective phones, resulting in many consumers repeatedly experiencing the microphone defect.
The microphone defect in the Pixel phones is substantially certain to manifest and existed within the phones when sold. Plaintiffs were consequently deprived of the benefit of their bargain, and seek relief through this action."
The Seven Counts
1. Breach of Express Warranty;
2. Breach of the Implied Covenant of Good Faith and Fair Dealing;
3. Breach of the Implied Warranty of Merchantability;
4. Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq.;
5. Violation of California's Unfair Competition Law;
6. Violation of California's Consumers Legal Remedies Act; and
7. Fraudulent Concealment.
The class action was filed on Tuesday February 6, 2018 in San Jose, California.
Side Note: This report first appeared on Patently Apple February 11, 2018. Due to its popularity we're now posting it under Patently Mobile.
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