LG company has manufactured some of the most impressive android smartphones over the years. However, recent consumer complaints show that LG is continuing to manufacture phones with defective parts that cause boot looping, overheating, and other problems. LG phone company breaches its customers' warranty agreement, which assures them their phones will function and operate as claimed.
Since you are not the only person experiencing these kinds of issues with LG phones, you can create or join a class-action lawsuit against the manufacturer to seek compensation for any damages or losses you incur during the phone's repair and maintenance. We invite you to contact Consumer Alert Now wherever you are in the U.S for legal assistance in filing this kind of lawsuit against LG phone company.
What You Need to Know About LG
LG company was initially known as Lak Hui Chemical, with the word Lak pronounced as "lucky." Lak Hui Company was the first South Korean company to start the plastics industry, meaning they harnessed a lot of money from their products. In 1983 the Lak Hui Company merged with a sister company known as GoldStar producing a new company with the name Lucky-Goldstar also commonly known as LG, as a short-form of the company's name.
Later in 1995, LG officially renamed itself, and now LG is the fourth largest company in South Korea. In the following years, LG has continued to manufacture various gadgets and home appliances, including refrigerators, microwaves, televisions, air conditioners, mobile phones, and other devices.
LG company is well known for the production of some of the most aesthetic and efficient smartphones, which has put the company's name on the top five phone manufacturers globally. However, because of the emergence of other better companies and many consumer complaints concerning their phones' functionality, they are no longer the top five. Yet, they still sit comfortably in the top ten best phone manufacturers globally.
Spend some time on the internet researching and reading about LG phones. You will be aware that some of these gadgets sometimes have a tendency of overheating and boot looping even with the reasonable operation. When you try to seek compensation because the phone’s warrant is still valid, LG denies your request based on minor issues like phone screen scratches.
If you experience any functionality problem with any model of LG phone while your warranty is still valid and LG denies your compensation claim on a "bad faith," you should consider finding an attorney for legal actions against the company.
Legal Basis for a Class Action Lawsuit Against LG Phone Company
You might be able to bring a class action lawsuit or join a class with similar claims against LG phone company based on the following legal arguments:
Defective Phone Parts
Research shows that most issues related to LG phones' functionality, such as boot looping and overheating, are usually due to a defective part of the phone. You might be able to file a suit against the company for violating product liability laws for selling you a phone with a defective part without a prior warning.
Warranty Agreement Breach
You might also be able to file a suit against LG for breaching the implied warranty of merchantability, which guarantees you that the phone you are buying is fit for sale and will be functioning as claimed.
State laws consider that as unjust enrichment, and you might be able to hold the manufacturer liable for any losses you incur repairing the phone or recovering lost data through a class action lawsuit.
Common Issues with LG Phones Among Most Consumers
If you are a user of any LG phone model, and you experience any of the following issues with your phone you might be eligible for damages compensation in a class action suit:
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Boot Looping Problems
If you are a mobile technology enthusiast, especially in the field of smartphones, you are probably aware that LG phone models like G4, V10, G5, V20, Nexus 5X have boot looping problems. The boot looping problem, which is a common problem with most LG phones, is when your phone becomes stuck in a loop of reboots, making it non-functional and prevents you from using your phone.
Boot looping issues with LG phone is not an uncommon problem among many users of the device. A thousand of LG phone users on sites like Reddit have raised a lot of concerns about most LG phone models like G4 being the main culprit of boot looping problems to the extent of some users starting or joining a class-action lawsuit against the company.
It has come to the attention of many LG phone users that this boot looping problem is not a software issue because you cannot restore the phone to its functional state using a flash. The problem was more likely to be a hardware issue involving loose components, a manufacturing defect.
Boot looping is risky because if you didn't have a back-up of information, photos, and videos on your device, the phone could lose its memory during the boot looping process.
Since boot looping problems are as a result of a manufacturing defect, the LG company should be liable for all damages that the user incurs during repair and maintenance of the device after boot looping issues. It would be a breach of several warranty laws if your phone experienced boot looping problems after assurance that the device is fit for use, and you can join or start a class action against the company.
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Shuts Down Automatically
Users of LG G3 often raise complaints about the smartphone automatically shutting down occasionally, which is very inconvenient. Pressing the power button should restart the phone, although some users say they have to pull out the battery and place it again to restart the phone.
If the device warrant is still valid, you should consider seeking replacement of the device from the LG retailer where you bought the phone. Suppose they fail to give you a replacement for the phone. In that case, you should consider finding an attorney for legal guidance on how you can join a class-action lawsuit against the company for manufacturing defective phones and violating warrant agreement laws.
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Gets Uncomfortably Warm
Users of LG phone models like the G3 raise several complaints about the device getting uncomfortably warm, which is true if you are running processor-intensive applications like games and videos. Most users of the device who have experienced this issue wonder how this is possible while the company guarantees the phone can run these applications comfortably without overheating.
Suppose you buy an LG phone, and it starts heating-up unnecessarily a few months after buying it, even without running any application that is processor intensive. In that case, you should consider picking up a replacement from the LG retailer where you bought the phone.
Even if your phone's warranty is valid, they may refuse to give you a replacement or compensation, alleging that the phone has scratches on the screen or the cover, which is not reasonable to many users of LG phones. That is a breach of warrant agreement, and the company should be liable for any damages you incur due to this phone problem.
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Audio Issues
Quite often, owners of LG G3 have had problems with the phone audio playback. In many cases, people who use LG G3 complain about a hissing and uncomfortable noise through their headphones, specifically on the left channel.
Other users of this device have also complained that while plugging an aux cable into the phone, the phone will continue to play media through its speaker. Audio issues with LG G3 are prevalent among many users of the device.
When you experience this issue with any LG phone model, not only G3, you might be able to join a class action against the company together with several other consumers with similar problems about the device. You can bring a class action against the company for violation of state and federal warranty laws.
The class-action lawsuit aims to seek monetary compensation or equitable relief for the company’s failure to honor and implement its terms of the warranty, unjust enrichment, and breach of implied warranties.
Why it is Necessary to Start or Join a Class Action Lawsuit Against LG Company
Recently LG company has built a negative reputation for manufacturing phones with boot looping issues, which is a violation of the consumer warranty agreement. The first boot looping complaint that started with LG G4 in September 2015 is now spreading to other LG phone models, including LG G5, V20, V10, and Nexus 5X.
Boot looping is the most prevalent issue with LG phones among many people. Since the report of LG G4 boot looping issues in 2015, LG did not respond to this issue in any way until January 2016 when the company acknowledged that this problem was due to hardware issues and loose contact between components inside the device.
Despite LG acknowledging this issue, they did not make any effort to recall the product from the market or offer any remedy to users experiencing the same problem. LG can correct boot looping issues with their devices, but they repeatedly manufacture phones with the same boot looping defects.
LG released V10 shortly after G4 with only a few adjustments like increased storage capacity and improved camera, but users of this device are complaining of the same boot looping issues. Yet LG company is still selling and distributing these devices to consumers.
The fact that LG is manufacturing phones with the same issue repeatedly, even after the 2016 acknowledgment of the boot looping issues with G4, raises many questions about the company’s ability to test their devices. Before releasing any LG product to the market, they must test it to make sure it's in the right condition for use.
These issues with LG phones make us wonder how they manage to slip through the company's quality-control tests to reach consumers' hands. Although LG might be aware of these issues with their phones, especially the boot looping issue, they continue to manufacture defective devices because the profit is too big.
However, this is unfair trade, unjust enrichment, and a breach of warranty laws because the company assures you that the device is fit for use, then later the phone develops boot looping issues. A company like LG needs to have consumer-friendly ways or plan to handle small inevitable defects in their devices.
Suppose you experience a boot looping issue or any other issue with your LG phone. In that case, you should consider filing a class-action lawsuit against the company alongside other consumers with similar complaints about their LG devices. You can bring a class-action lawsuit against the company for their failure to implement and honor their terms of its warranty for their devices.
What You Need to Know About Defective LG Phones Class Action Lawsuit
A class action is a type of suit where procedural legal rules permit one plaintiff, often known as a class representative, to file a lawsuit against one typical defendant on behalf of a larger group of people(plaintiffs).
A class-action lawsuit is vital where there are several people with common complaints against one defendant, and an independent lawsuit would not be possible. For instance, in the case of LG, manufacturing defective phones is an issue that affects many consumers, and the company does not disclose this information to consumers before they purchase their devices.
In this kind of scenario, it would be unrealistic to file an independent suit against LG because it will be expensive, and the company has all the resources they need to fight the case. Therefore, because you are not the only LG phone user experiencing these issues resulting from defective components in the device, you should consider starting a class-action lawsuit against the company.
Suing LG company for manufacturing defective devices and breaching warranty laws as a class means you have to consolidate all your pieces of evidence, witnesses, and every aspect of the litigation.
Remember, not every suit against a large company like LG qualifies as a class action, though. The court will consider the following aspect of the case for certification of the class-action lawsuit against LG:
- The questions of law and facts of the case must be common amongst the class members, and these questions overweigh any individual questions of law and facts
- The class is very large that filing a suit against LG as an individual would be impractical or even impossible
- If you choose to be the class representative, you must be willing to represent all the interests of your class members adequately, and all their interests must be typical
Every person affected by the court judgment on the class action lawsuit against LG is entitled to notification about the lawsuit when it starts. The court will order you like the class representative through your attorney to make reasonable attempts to notify every member of the class about the lawsuit in whichever way possible, for example, via:
- Television
- Advertisement
- Newspaper
- Magazines
- Radio
The court will tailor the appropriate type of notice you can use to notify the rest of the class members about the lawsuit, depending on the case's specific facts. Members of the class who receive the class action notice have an option to join the class, also known as "opting-in" or not "to opt-out."
If any of the class members choose to opt-out of the class-action lawsuit, he/she will lose the rights to the case and will not be bound to the outcome of the lawsuit. Further, he/she will not be able to file an independent or any other kind of lawsuit against the company.
In contrast to an individual lawsuit, a class action lawsuit case requires more extensive research when building a case. Fortunately, all this burden will be on your attorney, who will work with you to gather all the necessary evidence to prove that LG company phones are defective and every class member has typical complaints.
There is a stereotype perception promoted by big companies and businesses that class action lawsuits usually benefit an attorney, which is untrue. A class-action lawsuit is the best way an attorney like Consumer Alert Now can protect your interests and legal rights against a big company like LG.
LG Phones Class Action Lawsuit Judgment
In a class-action lawsuit, it is upon the judge to decide who wins with the entire group. If the judge finds the defendant evidence factual and viable in the case, he/she will dismiss the lawsuit and prohibit individuals in the class from filing any new or individual lawsuit against the defendant over the same issue.
As mentioned above, the court judgment will apply to every individual who chose to opt-in the class action lawsuit against LG for breaching implied warranty laws, unfair trade, and unjust enrichment. Every individual who fits within the law court's definition of a class member will be bound by the court's final decision regardless of whether they were in court or not.
If everything goes well and the court finds LG company guilty of the allegations concerning their phones, you will receive monetary damages compensation, which follows a particular distribution plan. With the help of the involved parties' attorneys, the judge will develop a distribution plan of the amount your class has won as compensation in the lawsuit minus the litigation and attorney's fee.
Each member of the class-action lawsuit against LG will receive a certain amount of the total fund the class has won as compensation. In some cases, your attorney can try to obtain permission for an individualized and in-depth review of every participant's claim so that every member of the class can receive an amount specific to the value of his/her claim.
If the parties involved decide to settle, the judge presiding over the case must approve the settlement to ensure every member of the class receives a fair settlement. The judge may also require the defendant to implement quality control criteria to ensure all their phones are fit for use before they get to the market.
What to Consider When Seeking Legal Counsel for LG Phones Class Action Lawsuit
To know whether a class action lawsuit will be a viable legal procedural mechanism for filing a claim against LG company for manufacturing a defective phone, you should talk to a reliable attorney for legal counsel.
Your attorney will help you determine if you have a viable case and whether it meets the law's requirements to proceed as a class action. Here are factors to consider when searching for a reliable attorney to help you with a class-action lawsuit against LG:
- Experience and specialization – Apart from the attorney being a specialist in class action lawsuits, he/she must also have significant experience in this field for the best legal representation of the whole class
- Availability – Ensure the attorney you decide to choose for your class action lawsuit is available because every attorney has different schedules. If you choose an attorney with a pile of the workload at hand, he/she will not have enough time to focus and research on your case adequately for the best legal representation
- Compatibility – Ensure you consider your prospective attorney's character before you make any significant commitment with him/her for a comfortable working relationship. A reliable attorney should be friendly and courteous to earn their client's trust
If you are considering filing a class-action lawsuit against LG company for manufacturing and selling defective phones, you should never undermine the need for a reliable and experienced attorney if you want to get the most from the lawsuit.
Find a Class Action Lawsuit Attorney Near Me
At Consumer Alert Now, we understand the complexity of class action lawsuits, and we are willing to connect you with attorneys who can help you file a class-action lawsuit against LG for manufacturing defective phones. We invite you to reach us at 800-511-0747 wherever you are in the U.S if you have a defective LG phone to determine if you have a viable class action lawsuit against the LG.