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Galaxy Phones Throttle Performance for Many Apps California Class Action

Before plaintiff Shakira Martin gave up her Apple phone to buy a Samsung Galaxy S21, she researched the device and got the impression that it had faster speed and superior performance. But soon after buying it, she noticed it was not working as fast as she expected. The complaint for this class action alleges that Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., misrepresented the speed, performance, and battery life of certain Galaxy phones that perform well only during benchmark testing but throttle performance in other situations.

The class for this action is all persons who bought a Samsung device containing the GOS application in California and who did not agree to or opted out of binding arbitration. The devices at issue in this case include at least Galaxy models S10, S20, S21, and S22 and versions FE, Plus, and Ultra.

According to the complaint, Samsung advertised the “smooth, high-quality performance” and “powerful, intelligent battery” of its devices.

The problem with the phones? The complaint alleges that Samsung used “a Samsung application called a Game Optimizing Service (‘GOS’), which effectively slowed down or ‘throttled’ the performance of over 10,000 applications, including Instagram, Facebook, YouTube, TikTok, Amazon, Twitter, Netflix, DisneyPlus, and Microsoft Office.”

The complaint alleges that when a user opens any application, the Galaxy phone detects the name of the application and then decides whether or not to throttle the application’s performance.

However, the complaint contends, the devices do not throttle popular benchmarking applications, which are used to measure the performance of devices, verify manufacturers’ claims, and compare and rank the devices. “Accordingly,” the complaint alleges, “Samsung falsely represented the Devices[’] true speed, performance, and battery life.” It did not tell consumers when they were purchasing the devices that their performance statistics were not always as advertised.

A video posted on YouTube in February 2022, the complaint alleges, highlights the two different modes of operation by running the same application with two different names. The first test was run with a benchmarking application called 3DMark, which the Galaxy did not throttle. The name of the application was then changed to “Genshin Impact,” which is the name of a game for which performance is throttled.

The complaint alleges, “Even though it was the exact same application, the retitled application had a notably lower benchmark score and average frame rate, reducing its overall score from 2618 to 1141. Other users have also performed these tests with the same outcome.”

The complaint alleges, “By advertising the performance statistics garnered from popular benchmarking applications, Samsung was able to manipulate purchasers into buying expensive products that did not in fact operate at the claimed high performance.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Galaxy Phones Throttle Performance for Many Apps California Complaint

September 12, 2022

Before plaintiff Shakira Martin gave up her Apple phone to buy a Samsung Galaxy S21, she researched the device and got the impression that it had faster speed and superior performance. But soon after buying it, she noticed it was not working as fast as she expected. The complaint for this class action alleges that Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., misrepresented the speed, performance, and battery life of certain Galaxy phones that perform well only during benchmark testing but throttle performance in other situations.

Galaxy Phones Throttle Performance for Many Apps California Complaint

Case Event History

Galaxy Phones Throttle Performance for Many Apps California Complaint

September 12, 2022

Before plaintiff Shakira Martin gave up her Apple phone to buy a Samsung Galaxy S21, she researched the device and got the impression that it had faster speed and superior performance. But soon after buying it, she noticed it was not working as fast as she expected. The complaint for this class action alleges that Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., misrepresented the speed, performance, and battery life of certain Galaxy phones that perform well only during benchmark testing but throttle performance in other situations.

Galaxy Phones Throttle Performance for Many Apps California Complaint
Tags: Deceptive Advertising, Deceptive Labels, Providing False or Misleading Information, Unfair Competition