Google Hit with Class Action After Certain Pixel Smartphones Lose 5G Network Support
Nichols v. Google LLC
Filed: April 22, 2023 ◆§ 1:23-cv-01022
Google faces a class action after rolling out a software update that allegedly removed 5G SA network access from Pixel 4a, Pixel 5 and Pixel 5a smartphones.
Google faces a proposed class action after rolling out a software update last month that allegedly removed 5G standalone (SA) network access from Pixel 4a, Pixel 5 and Pixel 5a smartphones.
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The 12-page complaint was filed by a Colorado resident who contends that he and other consumers paid more for their Pixels than they would have had they known the devices would eventually be incapable of accessing the 5G network.
As the suit tells it, certain Pixel owners began noticing after the March 2023 software update that their devices were no longer able to access the 5G network.
“The network signal regularly displayed an exclamation point ‘!’ instead of bars representing service.”
According to AndroidPolice.com, the issue was highlighted in a Reddit post in which a user reported that older Pixel devices running on Qualcomm Snapdragon chipsets had lost their ability to access 5G. The publication wrote that the loss of 5G SA connectivity—which uses a dedicated radio access network to connect smartphones to the 5G “backhaul”—is “particularly irritating” for consumers who went through the process of upgrading their SIMs to support improved network access.
Per the case, the March 2023 software update that struck 5G access from the older Pixel devices has been criticized by some as a timed move by Google, coming after a recent Pixel trade-in sale, in the spirit of “planned obsolescence,” which is banned in some countries.
“Some suggest that Google may have deliberately waited until after its efforts of encouraging users to upgrade to newer Pixel models, despite those users’ phones working without issues,” the case shares, noting that it is complicated for a typical Pixel user to re-implement 5G access for their device, a process involving “downgrading firmware, unlocking the SIM card and manipulating all sorts of internal software code.”
One of the perks of the 5G SA network is “voice over new radio” (VoNR), which should deliver better quality calls, AndroidPolice writes. Disabling 5G access means the phones cannot use VoNR for calls, the publication states. According to the lawsuit, Google’s use of Qualcomm Product Support Tools “would have allowed these devices to continue to use 5G networks” despite their apparent incompatibility with VoNR technology.
The filing states that Google’s Pixel series routinely ranks among the best smartphones on the market, “largely due to timely software updates” as Google does not have to go through a separate manufacturer in order to deliver the newer software to users. Per the case, the Pixel devices affected by the March 2023 software update cost anywhere from $500 to $1,000 when first released, when they were touted as able to access 5G networks.
“As a result of the false and misleading representations, the Products are sold at a premium price, higher than similar products, represented in a non-misleading way, and higher than they would be sold for absent the misleading representations and omissions,” the lawsuit contests.
The case looks to cover all persons in Colorado, Iowa, Idaho, Montana, Wyoming, Utah, South Carolina, Mississippi, Arkansas and Arizona who bought a Pixel 4a, Pixel 5 or Pixel 5a advertised as capable of accessing 5G broadband networks during the applicable statute of limitations period.
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