Defective battery, Nexus 6P: he wants to bring a collective action
Friday, 23 march 2018 11:18
Friday, 23 march 2018 11:18
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A Montreal displeased that the battery of the smartphone Nexus 6P to discharge far too quickly wants to bring a collective action against the manufacturer Huawei.
“The unloading of the battery forces the members to keep their cell phone plugged in all the time, which goes against the first use of a cell phone,” said Ricky Tenzer in the civil lawsuit filed in the courthouse of Montreal.
In January 2016, Mr. Tenzer explains that he had purchased a Nexus 6P, a cell phone designed by Google and manufactured by the chinese company Huawei. At the time, Google touted the quality of the battery, which ” allows for talking, texting and stay productive all day, even until late into the night.”
But this Montrealer has quickly became disillusioned, one can read in the court document made public this Friday. After a few months of use, he realized that his top-end phone, bought for 699 $, went off all alone even when it was 30% or 40% remaining charge.
“The phone cannot turn on again when it is connected to a charger, one can read in the lawsuit. The battery will be empty again very quickly as soon as it is disconnected. “
Dissatisfied with what he considered to be a hidden defect, Mr. Tenzer has asked Huawei to repair his phone. Except that it would have cost 229 $, ” he says in the lawsuit.
Not wanting to pay this sum, he was resigned to buy a portable battery to be able to use her cell phone. And 17 months after his purchase, exasperated, he then changed phone.
Not the only one
Mr. Tenzer says that he does not have to be the only one to have experienced this problem, as it ensures that there is a design flaw of the battery. For a week, Google has agreed to replace some of the phones defective. However, Huawei does have its side not responded.
“The defects present in the phones seriously damage the use to which they are ordinarily used, the battery life of the phones […] is not reasonable when compared to that of a battery is typical for a phone of this value,” one can read in the application of collective action conducted by the law firm Trudel Johnston & Lespérance.
The lawyers are asking the Quebec superior Court ordered Huawei to reimburse the expenses occasioned to the owners of Nexus 6P in Quebec, to reduce the selling price of the phone for the cost of repairs, as well as a compensation of $ 100 per person.
“The behavior of Huawei is full of negligence and serious disregard for the rights of consumers, and deserves to be punished “, say the lawyers in the court document.
Unless an amicable settlement, the application of collective action will be presented to a judge in the coming weeks. At this stage of the proceedings, the owners of Nexus 6P have yet to manifest themselves.
Contacted by The Journal, Huawei has not yet responded to the filing of judicial proceedings.