Class Action Suit Alleging Samsung Concealed Galaxy S Smartphone Defects Represents Gilman Law LLP’s Latest Volley in its Fight to Prevent Further Weakening of Consumer Protection Laws
Gilman Law LLP, a national law firm with offices in Florida and Massachusetts, has filed a class action lawsuit in U.S. District Court for the Middle District of Florida, Fort Myers Division, alleging Samsung’s Galaxy S smartphones, including the Captivate, Fascinate, Vibrant and Epic 4G, are defective, rendering them worthless. The lawsuit seeks, among other things, at least $5 million in damages for all purchasers of the allegedly defective phones (Case No. 2:11-cv-00696).
Ken Gilman, a partner with Gilman LLP, is named lead plaintiff in the complaint. According to the lawsuit, Mr. Gilman spent hundreds of dollars on a Fascinate smartphone in December 2010. The complaint alleges that shortly after it was purchased, the phone began to malfunction. As a result, Mr. Gilman missed many phone calls, alerts, messages, emails and alarms, and lost the ability to access or save data to his phone. The lawsuit further alleges that Samsung refused to replace the device, despite his repeated attempts to procure a working phone.
As an attorney, Mr. Gilman has been working to protect consumer rights for more than 40 years, and has successfully pursued product liability claims against a number of large companies. As an attorney, and a consumer himself, Mr. Gilman has long been disturbed at the continuing rollback of laws that once protected the public from shoddy and defective products, as well as corporate wrongdoing. Just 8 months ago, for example, the U.S. Supreme Court issued a ruling in a case entitled AT&T Mobility LLC v. Concepcion that could allow any company to block class-action suits arising from disputes with customers and instead force those customers into binding arbitration. The type of arbitration clauses that sparked the AT&T decision are widely used by cellphone carriers, cable providers, credit card companies, stock brokerage firms and other businesses.
“That cuts off a person’s rights,” Mr. Gilman recently told the Naples Daily News. “Now what they have done is preclude you from going to court. Companies can treat citizens any way they please because there’s nothing consumers can do about it.”
Mr. Gilman suspects that Samsung will try to use the arbitration decision to have his lawsuit dismissed, but believes he can win. Such a victory would not only benefit purchasers of Galaxy S smartphones, but would help to restore some protection to all U.S. consumers.
Mr. Gilman emphasized that “the principles involved in this case, and in other cases interpreting the AT&T-Mobility Supreme Court decision, will effect consumer rights in nearly every consumer product purchased by contract—from cell phones, to loans, to credit cards, to home purchases—virtually any consumer transaction.”
About Gilman Law LLP:
The Consumer Lawyers of Gilman Law LLP, a leading national law firm with offices in Florida and Massachusetts, have been recognized for delivering successful results to their clients across a broad range of claims stemming from consumer product injury, mass tort, and class action lawsuits. For over 40 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.
Legal Help for Samsung Galaxy S Smartphone Purchasers:
If you or someone you know purchased a Samsung Galaxy S smartphone, Gilman Law is here to help. For a free evaluation of your case, please fill out the online form on the left or call Toll Free at 1-888-252-0048.