Smartphone memory capacity, class action admitted

Smartphone memory capacity: class action against Samsung admitted

With a historic decision, the Court of Milan already said yes to the legal action

Through an order notified today, the Court of Milan has admitted the class action against Samsung Italia for the discrepancy between the stated memory space of their smartphones and tablets and the actual facts, with memory capacity shown by tests in laboratory to be up to 40% less than declared.

A deceptive commercial practice by Samsung, which affected the choices of consumers who opted for devices which actually did not possess the technical features advertised.  The judge also ordered Samsung to publish the court order on its homepage.

The goal is simple yet complex: stopping practices contrary to transparency means getting rid of structural disturbances which hinder market development and hamper consumer trust. Corporations, market players and consumers should not stand on opposite fronts: consumer empowerment can only benefit a market in full systemic evolution.

The consumer organization had exposed the affair over the past few years, and finally filed a lawsuit in March 2016. Consumers who bought a smartphone or tablet from Samsung between August 2009 and December 2014 can now apply for a refund for deceitful commercial practices.

The story: consumers bought mobiles or tablets thinking, for instance, that they had 16 GB of available memory, but on first starting the device they would find out they had 40% less than that. Less memory means fewer apps they could install, fewer photos or videos they could store, harder – if at all possible – operating system updates. This unfair practice was so blatant that it had already been detected by institutional watchdogs, when back in 2014 the Italian Authority on Fair Competition had sanctioned Samsung for one million euro.

Accurate technical tests and found out that other smartphones and tablets had the same problem. Samsung might be only the first to end up in court.


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