Samsung Galaxy S21 Ultra 5G Smartphone Contains 21 Percent Less Storage Space Than Advertised, Class Action Alleges
McDougall v. Samsung Electronics America, Inc.
Filed: January 8, 2023 ◆§ 1:23-cv-00168
A proposed class action claims that the Samsung Galaxy S21 Ultra 5G smartphone comes with 21 percent less storage space than advertised.
Magnuson-Moss Warranty Act New York General Business Law Pennsylvania Unfair Trade Practices and Consumer Protection Law
New York
A proposed class action alleges Samsung Electronics America, Inc. has falsely advertised that its Galaxy S21 Ultra 5G smartphone has 128 gigabytes (GB) of storage space given that the smartphone only comes with 101 GB of usable storage.
The 10-page lawsuit claims that Galaxy S21 Ultra buyers receive only 101 GB of “Available Memory,” even though representations made in Samsung’s marketing campaigns, product descriptions and packaging statements advertise that the smartphone contains 128 GB of storage. Unbeknownst to consumers, fine print specifications reveal that the missing storage is the “[p]ortion of memory occupied by existing content,” the case explains.
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Per the suit, the “pre-existing content” includes the phone’s operating system and pre-installed applications such as Direct TV, Samsung Notes, Samsung Health, Samsung Pass, Samsung Visit and Smart Limits. As the case tells it, the pre-installed applications cannot be removed to free up space, even though they are unnecessary for the device to function.
“The disclosures about the Product’s ‘available memory’ and ‘existing (pre-installed) content’ are not presented and/or are not conspicuous to purchasers at the point of sale, whether through a third-party like Best Buy or in a store run by a cell phone carrier,” the complaint argues.
The plaintiff, a Pennsylvania consumer, says she would not have purchased the device, or would have paid less for it, had she known she would receive 21 percent less than the promised amount of storage. The woman claims she cannot keep as many videos, photos, applications or as much music on her smartphone as she initially expected.
Additionally, the filing explains that consumers cannot add local storage to the smartphone through a memory card, so if more room is needed, they must purchase a new Samsung device with a greater storage capacity.
The case further contends that Samsung has sold more Galaxy S21 Ultra 5G smartphones at a premium price based on representations that the phone contains 128 GB of usable storage.
The lawsuit looks to represent anyone in Pennsylvania, New York, Iowa, Arkansas, Wyoming, North Dakota or Utah who purchased the Galaxy S21 Ultra 5G smartphone during the applicable statute of limitations period.
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