Judge Slams Samsung For Misleading Consumers

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 public through numerous reviews and comparisons around the time of the Galaxy S4 release in late spring 2013.  For example,

1. An online article titled "Samsung Galaxy S 4 review" found at http://www.engadget.com/2013/04/24/samsung-galaxy-s-4-review/ and published on April 24th 2013 stated that "the GS4 managed to set records in five [benchmarks] …. The GS4 holds the record in five of our six benchmark tests."
2. A review from PCMag.com found at http://www.pcmag.com/article2/0,2817,2417990,00.asp and published on April 24, 2013, stated: "The Galaxy S4 is the fastest smartphone we've benchmarked so far …  this is the fastest Android phone available."
3. A Slate.com article titled "the Great Smartphone Conundrum" found at http://www.slate.com/articles/technology/technology/2013/03/samsung_galaxy_s4_the_time_has_come_we_re_going_to_have_to_choose_between.2.html published on March 26 2013, stated: "Samsung's upcoming Galaxy S4 posted a stunning 3,163 [benchmark score], twice as fast as the iPhone 5."
4. A Primate Labs article titled "Samsung Galaxy S4 Benchmarks" found at http://www.primatelabs.com/blog/2013/03/samsung-galaxy-s-4-benchmarks/ published on March 18, 2013, stated:  "It's clear that the Samsung Galaxy S 4 will be the fastest smartphone available when it is released in April." 

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.

SOURCE Prometheus Partners

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