Phonegate: On-going international Collective Actions
Within the framework of Phonegate, following is the list of legal actions in progress against mobile phone companies:
Xiaomi – Redmi Note 5 and Mi Mix 2S mobile phones
On April 15, 2019, the first criminal complaint within the framework of Phonegate was filed with the Paris Public Prosecutor against the Chinese mobile phone manufacturer Xiaomi by Attorney Elias Bourran of the Paris Bar and a class action lawsuit launched against the company on the platform “V pour Verdict”.
This action concerns the Redmi Note 5 and Mi Mix 2S mobile phones. Control tests by the French National Frequencies Agency (ANFR) revealed that the SAR (specific absorption rate) exceeded the European regulatory limit of 2.0 W/kg for the head in the case of the Redmi Note 5 and for the trunk in the case of the Mi Mix 2S.
HMD GLOBAL OY (NOKIA) – 7 Nokia mobile phone models: 1, 2.1, 3, 3.1, 5, 5.1, 6.1
On 5 and 26 April 2019, ANFR control tests revealed that the Nokia 5 and Nokia 3 smartphones, marketed by HMD GLOBAL OY, significantly exceeded the SAR “trunk” regulatory limits.
Furthermore, four new smartphone models manufactured by HMD GLOBAL OY (Nokia 1, 2.1, 3.1, and 5.1) were placed on the market from June 2018, in violation of the new European regulation (Directive 2014/53/EU) requiring since June 2016, with a transitional period of one year until June 2017, measurement of the SAR trunk at a maximum distance of 5mm. These four models were measured at 15mm from the body.
The Finnish company also did not comply with the obligation to provide information in its manuals on the SAR value and the measuring distance.
In July 2019, the Nokia 6.1 was added to the criminal complaint and class action against HMD GLOBAL OY.
Both Xiaomi and HMD GLOBAL OY (NOKIA) are accused of deception, misleading commercial practice and endangering the lives of others.
The owners and users of the Xiaomi and Nokia smartphones concerned can assert their rights by joining the class actions launched by the platform “V pour Verdict”.
V pour Verdict, Lyon, France
Apple iPhones 7, 8, X and Samsung Galaxy smartphones S8, S9, J3
Following publication of the Chicago Tribune investigation revealing results of testing of popular mobile phones at an FCC-accredited lab, a class action lawsuit was filed against Apple and Samsung on August 23, 2019, by consumers who claim that certain iPhone and Galaxy models emit more radiation than is allowable by law.
Plaintiffs allege that the cell phones exceed the maximum SAR regulatory limit of 1.6 W/kg allowed for radiofrequency radiation exposure in the United States. All those who used Apple iPhones and Samsung smartphones which exceeded the federal safety limits are at an increased risk of health problems. The class action includes all persons who purchased an iPhone 7, 8, or X, or a Samsung Galaxy S8, S9, or J3 “for personal or household use in the United States”.
The plaintiffs allege that Apple and Samsung market their cell phones on the premise that the devices can always be close to their bodies, such as in a pocket or while holding them in their hands and say that past models of the iPhone had a warning for users to carry their devices at least 10mm away from their body. However, later models did not have such advice to consumers. The Samsung marketing material for their devices “implies” that carrying or wearing their mobile phones close to the body is safe.
The plaintiffs are represented by:
- JENNIE LEE ANDERSON (SBN 203586) ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: (415) 986-1400 Facsimile: (415) 986-1474
- ELIZABETH A. FEGAN (motion for pro hac vice forthcoming) TIMOTHY A. SCOTT (motion for pro hac vice forthcoming) FEGAN SCOTT LLC 150 S. Wacker Dr., 24th Floor Chicago, IL 60606 Telephone: (312) 741-1019 Facsimile: (312) 264-0100
- J. BARTON GOPLERUD (motion for pro hac vice forthcoming) SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C., 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265 Attorneys for Plaintiffs
- The Apple, Samsung Smartphone Radiation Class Action:
Andrew Cohen, et al. v. Apple Inc., et al., Case No. 5:19-cv-05322, in the U.S. District Court for the Northern District of California.
Text of class action:
On September 5, 2019, a group of citizens, concerned that their mobile phones have exposed them to “harmful levels” of radiofrequency radiation, filed a class action lawsuit against Apple and Samsung at the Montreal Courthouse. The plaintiffs are suing the two companies for “intentionally violating” consumer protection laws. In addition, there is non-compliance with the Radiation Emitting Devices Act (https://laws-lois.justice.gc.ca/eng/acts/R-1/page-1.html) which “prohibits the sale, rental or import into Canada of a radiation device if the device creates a risk to any individual of genetic or personal injury, impairment of health or death…”
Attorney Charles O’Brien of Montreal is representing the plaintiffs.