You recently submitted your information concerning a separate case against Samsung regarding screen cracking in Galaxy smartphones. That case was dismissed due to Samsung’s arbitration clause in its terms and conditions.
We are writing to you today because we have filed a new lawsuit (PDF) against Samsung on behalf of Galaxy owners concerning the processing speed and battery life. Samsung has admitted that it installed on Galaxy devices an application that purposefully slowed down the processor speeds of Galaxy devices in order to keep the processor and battery cool and extend battery life. But this application did not slow down applications used for benchmark testing. As a result, Samsung fraudulently claimed speeds and battery life that in real-world applications, its Galaxy devices could not obtain.
In response to this lawsuit, Samsung again argued that consumers who bought affected devices agreed to arbitration clauses, excluding them from pursuing a class action.
We do not agree that the arbitration clauses are valid and enforceable, and we also believe we can prevail in this case, even if the arbitration clause is upheld.
Samsung must be held accountable for this fraud. To do so, we have planned a two-track strategy. In either track, there is no upfront or hourly cost to you to pursue your claim for damages.
TRACK 1: ARBITRATION
If you agreed to the start-up screens when initially setting up your device, you did not opt out and would continue with Track 1. Most Samsung customers will be in Track 1. We would like to pursue individual arbitration for you. Please sign the retainer agreement to continue.
TRACK 2: LITIGATION
If you opted out of Samsung’s arbitration clause, you would have sent an email or a letter to Samsung within 30 days of receiving and setting up your Galaxy.
What will Track 1 entail? If you are like most Samsung purchasers and did not opt-out of the arbitration clause, we want to represent you in an arbitration against Samsung. There will be no up-front or hourly cost to you for our representation. Our fees will come only if we win the arbitration or if Samsung agrees to a settlement of your case.
The arbitration clause provides that the arbitrator may award us our fees and costs in addition to any damages that you are awarded. If fees and costs are awarded in addition to your damages, or Samsung agrees to pay our fees and costs in a settlement in addition to your damages, then you will have no obligation to pay to us any portion of your damages toward our fees and costs. If you are awarded damages, but we are not awarded fees and costs, then we may deduct no more than 25% of your damages award to apply toward our fees and costs. As a result, you will retain at least 75% of the damages awarded to you and may retain up to 100% of the damages awarded. And you will have zero up-front or ongoing obligations to pay us anything.
