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OnePlus 9, 9 Pro Smartphones Lowered Performance Class Action

The complaint for this class action calls OnePlus USA Corp. and OnePlus, Inc. “a globally-recognized smartphone brand with ‘a cultlike following[.]’” Among their products are the OnePlus 9 and OnePlus 9 Pro smartphones, which the complaint for this class action alleges have been deceptively programmed. “Specifically, benchmark applications are set to receive full access to the Devices’ resources, so that the Devices will appear to run at full power under test conditions, but real-world applications will receive throttled and reduced performance.”

The class for this action is all persons in the US who bought or leased the OnePlus 9 or OnePlus 9 Pro. A California Subclass has also been defined for those in the class who live in California.

According to the complaint, OnePlus’s “early offerings were dubbed ‘flagship killers’ because of their combination of design, powerful specifications, fast and lean software, and a low price.”

The complaint quotes the companies’ website as saying, “We continue to push the boundaries of what’s possible. Pulling the industry forward since our founding, we will Never Settle in delivering innovative capabilities to improve consumers[’] lives.” They also claim to be “community driven” and to “work[] with our OnePlus community members, we listen to what you want and need, and develop products built for you, by you.”

But the complaint alleges that “consumers have been led to believe” that the devices are faster and more powerful than their actual performance shows. “To further this deception, [the companies] maintain a Secret Setting that allows them to choose which applications receive priority.

The complaint quotes an unnamed source to say that the throttling doesn’t just apply to “a handful of apps, but applies to pretty much everything that has any level of popularity in the Play Store, including the whole of Google’s app suite, all of Microsoft’s Office apps, all popular social media apps, and any popular browser such as Firefox, Samsung Internet, or Microsoft Edge.”

This means, the complaint claims, that “consumers are not getting the full advertised performance of their phone, paying a significant premium for characteristics—i.e., speed, power, and performance—that they are not receiving.” The complaint alleges that the devices ‘[do] not operate as [the companies] warranted and promised in their advertisements, representations, and the information publicly available in the marketplace.”

The complaint reproduces some of the advertising for the phones, which emphasizes power, speed, and performance.

The counts include trespass to chattels, fraud, and violation of the Computer Fraud and Abuse Act and California state laws, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

OnePlus 9, 9 Pro Smartphones Lowered Performance Complaint

July 28, 2021

The complaint for this class action calls OnePlus USA Corp. and OnePlus, Inc. “a globally-recognized smartphone brand with ‘a cultlike following[.]’” Among their products are the OnePlus 9 and OnePlus 9 Pro smartphones, which the complaint for this class action alleges have been deceptively programmed. “Specifically, benchmark applications are set to receive full access to the Devices’ resources, so that the Devices will appear to run at full power under test conditions, but real-world applications will receive throttled and reduced performance.”

OnePlus 9, 9 Pro Smartphones Lowered Performance Complaint

Case Event History

OnePlus 9, 9 Pro Smartphones Lowered Performance Complaint

July 28, 2021

The complaint for this class action calls OnePlus USA Corp. and OnePlus, Inc. “a globally-recognized smartphone brand with ‘a cultlike following[.]’” Among their products are the OnePlus 9 and OnePlus 9 Pro smartphones, which the complaint for this class action alleges have been deceptively programmed. “Specifically, benchmark applications are set to receive full access to the Devices’ resources, so that the Devices will appear to run at full power under test conditions, but real-world applications will receive throttled and reduced performance.”

OnePlus 9, 9 Pro Smartphones Lowered Performance Complaint
Tags: Deceptive Advertising, Fraud, Fraudulent Misrepresentation, Negligent Misrepresentation, Trespass to Chattels