Class Action Lawsuits - Samsung Note 7

JCon249679

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i was one of the unfortunate people whose Note 7 started on fire. Samsung hasnt responded to me in months about my claim on all the damages their phone did to my room/carpet/furniture. Does anyone know any place i can throw my info for law firms to contact me? i've searched a ton and every single one that has called me back pretty much told me im SOL as none of the damage was to me but inexpensive objects!

i would appreciate any and all advice!!

Thank you

Justin Conners
 

hallux

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Jul 7, 2013
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I'd say you should continue to push on an individual level. I don't see any significant results from class-action suits, if a judge even allows one to continue. Most of the class-action suits are people claiming financial hardship because the device was recalled, which I think is going to be difficult to get through class-action (plus lawyers end up with a big chunk of those settlements anyway).

Check your local laws, small claims court might be another option if your losses were lower than the threshold.
 

Gary02468

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Jul 23, 2011
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Most of the class-action suits are people claiming financial hardship because the device was recalled, which I think is going to be difficult to get through class-action
I think the strongest case (absent actual explosions) is for those of us who got our N7s via trade-in plans such as AT&T Next. There was no option to revert to our original phones and reset our installment balances and upgrade-eligibility to what they were before the upgrade to the N7.

The next best option was to substitute a different phone (such as an S7e), with a refund of the difference in cost. But for many of us, that amounted to an involuntary purchase--we would not have chosen to exercise our upgrade for that substitute phone in the first place, if the N7 hadn't existed. So I believe we are owed a refund of the cost of the involuntary purchase, only a small part of which was covered by the token refunds offered by Samsung so far.
 

natehoy

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In general, a class-action suit exists to punish the vendor, not to meaningfully reimburse individual injured parties for individual and specific damages. If you get involved in a class action suit, you'll see a $25 voucher for the future purchase of a spare stylus or something like that and the law firm will pocket a few million dollars. And in this case it would be hard for an actual class action suit to stand because (other than specific damages) Samsung never attempted to cover up anything, and did a rapid and voluntary recall.

If you have individual damages in the hundreds of dollars, your best bet is to pursue it in small claims court. You don't even need a lawyer. Just talk to your local court about the process. It's usually pretty easy. There's generally a small filing fee but Sammy is highly unlikely to even bother trying to defend - if you have good photographs of the damage and make a credible listing of damages, they'd probably just settle the case by cutting you a check.
 

natehoy

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I think the strongest case (absent actual explosions) is for those of us who got our N7s via trade-in plans such as AT&T Next. There was no option to revert to our original phones and reset our installment balances and upgrade-eligibility to what they were before the upgrade to the N7..

Huh, that was what was supposed to happen, I thought, based on all of the Samsung press releases. I'd go into an AT&T store (actual corporate store) and see if they can offer you something.
 

Gary02468

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Huh, that was what was supposed to happen, I thought, based on all of the Samsung press releases. I'd go into an AT&T store (actual corporate store) and see if they can offer you something.
No, I did everything through a corporate store and verified at the time that they were abiding by the online written policies of both Samsung and AT&T for the recall.

There was an option to return the N7 for a refund. So I could have done that and then purchased another N5 (my previous phone), but that whole process would still have cost me money compared to keeping my N5 all along, rather than upgrading to the N7.
 

trucksmoveamerica#AC

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Turn it into your house insurance company. If there is a case your insurance company will go after them for the amount of damages and your deductible if you have one. Your insurance company has lawyers on their payroll that can deal with Samsung if there is a case. There isn't any personal injury so really your only entitled to the amount of damages.
 

Gary02468

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Turn it into your house insurance company. If there is a case your insurance company will go after them for the amount of damages and your deductible if you have one. Your insurance company has lawyers on their payroll that can deal with Samsung if there is a case.
Not everyone has a home insurance policy. If you rent an apartment, it's cheaper in the long run to self-insure. In any case, it sounds like OP's damage would be less than a typical deductible. And I doubt an insurance company is going to sue Samsung for a few hundred dollars.
 

trucksmoveamerica#AC

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Not everyone has a home insurance policy. If you rent an apartment, it's cheaper in the long run to self-insure. In any case, it sounds like OP's damage would be less than a typical deductible. And I doubt an insurance company is going to sue Samsung for a few hundred dollars.
When I rented I had renters insurance, a lot cheaper then homeowner insurance. And yes it sounds like damage is pretty small, so that is why lawyers are not interested in class action with his case. Even if there was a class action suit, payout probably would be less then his damages. Samsung knows this and is taking advantage of it.