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Judge Slams Samsung For Misleading ConsumersSAN FRANCISCO, April 11, 2018 /PRNewswire/ -- Samsung and a class of consumers who purchased the Samsung Galaxy S4, and who are represented by Prometheus Partners, will mediate their claims before a U.S. Magistrate Judge next week. In an earlier hearing, U.S. District Judge James Donato said from the bench "Samsung rigged the deck, fixed the game; and as a result of that, consumers were misled about the speed of the phone." Lead counsel for plaintiffs, Eduardo Roy, alleged in court papers that "in connection with the marketing and advertising of the Galaxy S4, Samsung made false and misleading statements and/or omitted material facts in two respects—through benchmark manipulation and in connection with the memory capacity of the phones. With respect to benchmark manipulation, … Samsung intentionally rigged the Galaxy S4 to cheat on benchmarking applications to create false impressions regarding the speed and performance of the phones. By artificially manipulating the performance of the Galaxy S4 on benchmark tests, Samsung falsely represented the performance of its phones relative to those of its competitors. Samsung took these actions knowing that the benchmarking manipulations would result in false information being communicated to consumers by reviewers, and that this false information would influence their buying decisions." This false impression was communicated to the pulic through numerous reviews and comparisons around the time of the Galaxy S4 release in late spring 2013. For example,
In response to arguments by Samsung's counsel U.S. District Judge Donato asserted, "Being extra-clever shouldn't get you out of court. … Or I should say being extra devious shouldn't get you out of court." If the case does not settle, Eduardo Roy, a former federal prosecutor and lead counsel for consumers, said he looks forward to cross-examining Samsung executives under oath about their actions. The consumers are represented by Eduardo Roy, Daniel Quintero and John Hurley of Prometheus Partners and Alec Cierny of the Cierny Firm. The case is Daniel Norcia v. Samsung Telecommunications of America, case number 3:14-cv-00582 JD.
View original content with multimedia:http://www.prnewswire.com/news-releases/judge-slams-samsung-for-misleading-consumers-300627788.html SOURCE Prometheus Partners |