What initially started with the LG G4 back in January 2016, the bootlooping issue quickly spread to the LG G5, V10, V20, and even the Nexus 5X due to hardware issues. Now there’s a class-action lawsuit filed against LG due to the company not following through with the replacement and repair of affected devices.
A representative from Girard Gibbs LLP, a firm handling one of the bootlooping LG phone lawsuits, has reached out to Android Authority to comment on a recent development in the case. On Thursday, June 29, 2017, the California Central District Court passed an order granting LG’s motion to compel arbitration in the case, which means the class-action lawsuit is now dismissed.
So what does that mean for owners of bootlooping LG phones? For starters, it’s important to note that this case was dismissed without prejudice, which means it may potentially be filed again at a later date. It’s not necessarily closed for good. However, there was one important detail in LG’s case that led to the court dismissing the lawsuit.
Android Police uploaded a copy of the full court order, which details the fact that the court has adopted a standard put in place by the case of Hill v. Gateway 2000, Inc. Essentially, this means that additional terms can become part of a contract between the manufacturer and the buyer, as long as they’re included in the product’s box — even if the buyer is unaware of the additional terms. What does that mean in LG’s case? Each of the bootlooping LG phones came in a box with documentation that detailed the company’s Limited Warranty. The warranty laid out a provision for arbitration, making it binding upon the parties involved to resolve issues outside of the court, unless the buyer chooses to opt out. This opt-out period is unfortunately limited to 30 days’ time from the date of purchase. Since none of the plaintiffs contacted LG within the first 30 days of owning their phones, they were deemed by LG to have accepted the arbitration clause.
This means there likely won’t be as much compensation for the plaintiffs as there would be if the class-action lawsuit was still ongoing.
Girard Gibbs LLP commented on the recent dismissal:
While we disagree with the Court’s finding that our clients had adequate notice of the arbitration clause, this is not the end of the road for these Plaintiffs. We have been engaged by a substantial number of consumers who bought these defective LG phones. Our clients suffered real injuries, for which we intend to seek relief in arbitration. We are also evaluating next steps, including the possibility of seeking relief from the Court’s judgment.
If you happen to live in the United States and own one of the affected LG phones, feel free to contact the attorneys involved with the case at the link below. And of course, we’ll keep you updated as we learn more about the developments of this case.
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