Phonegate: List of Ongoing International Class Actions
Collective Actions-Phonegate Alert. In the context of the Phonegate industry and health scandal, here is the list of pending lawsuits against cell phone manufacturers that we are aware of (updated to September 19, 2019):
France
Xiaomi – Redmi Note 5 and Mi Mix 2S cell phones
On April 15, 2019, the first criminal complaint in the context of Phonegate was filed before the Paris Public Prosecutor against the Chinese cell phone manufacturer Xiaomi by Me Elias Bourran of the Paris Bar Association and a class action lawsuit was launched against the manufacturer on the “V for Verdict” platform.
This action concerns the Redmi Note 5 and Mi Mix 2S cell phones. The control tests of the Agence Nationale des Fréquences (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 cell phone models: 1, 2.1, 3, 3.1, 5, 5.1, 6.1
On April 5 and 26, 2019, ANFR monitoring tests revealed that the Nokia 5 and Nokia 3 smartphones, marketed by HMD GLOBAL OY, far exceeded regulatory trunk SAR limits.
In addition, four new smartphone models marketed by HMD GLOBAL OY (Nokia 1, 2.1, 3.1 and 5.1) were put on the market from June 2018, in violation of the new European regulation (Directive 2014/53/EU) which requires since June 2016, with a one-year transitional period until June 2017, to measure trunk SARs at a maximum distance of 5mm. These four models were measured at 15 mm from the body.
The Finnish company also failed to comply with the obligation to provide information on SAR value and measurement distance in its manuals.
In July 2019, Nokia 6.1 was added to the class action lawsuit against HMD GLOBAL OY.
Xiaomi and HMD GLOBAL OY (NOKIA) are accused of deception, deceptive business practices and endangering the lives of others.
United States
Apple iPhones and Samsung smartphones
Following the publication of the Chicago Tribune’s investigation revealing the results of tests of popular cell phones at an FCC-accredited laboratory, an initial class action lawsuit was filed on August 23, 2019, against Apple and Samsung in the U.S. District Court for the Northern District of California in San Jose, including 11 plaintiffs who allege that certain iPhone and Samsung models emit more waves than allowed by regulation (Case No. 5:19-cv-05322).
The plaintiffs allege that the cell phones exceed the maximum regulatory SAR limit (1.6 W/kg in the United States). Anyone who has used certain models of Apple iPhones and Samsung smartphones that exceeded federal safety limits is at increased risk of health problems.
The plaintiffs also allege that Apple and Samsung market their cell phones under the assumption that the devices can always be close to their bodies, such as in a pocket or held in the hands, and say that older iPhone models had a warning for users to wear their devices at least 10 mm away from their bodies. However, newer models did not provide such advice to consumers. Samsung’s marketing material for their devices “implies” that keeping or wearing their phone close to the body is safe.
On September 10, 2019, a new class action lawsuit against Apple and Samsung was filed by Andrus Anderson LLP in the U.S. District Court for the Northern District of California in San Francisco, representing 16 plaintiffs (Case No. 3:19-cv-05707).
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
Case no. 5:19-cv-05322:
https://www.scribd.com/document/422976960/RF-Exposure-Class-Action
Case no. 3:19-cv-05707
https://www.courtlistener.com/recap/gov.uscourts.cand.348059/gov.uscourts.cand.348059.3.0_1.pdf
https://www.chicagotribune.com/investigations/ct-cell-phone-radiation-lawsuit-apple-samsung-met-20190829-ye5h7fw6yvauxpo367vqeg7pju-story.html
https://phonegatealert.org/iphone-apple-tromperie-generalisee-sur-les-niveaux-de-das-reels
Canada
On September 5, 2019, a group of citizens, concerned that their cell phones have exposed them to “harmful levels” of waves, filed a class action suit against Apple and Samsung at the Montreal courthouse. The plaintiffs are suing both companies for “intentional violation” of consumer protection laws.
In addition, there is non-compliance with the Radiation Emitting Devices Act (https://laws-lois.justice.gc.ca/fra/lois/R-1/page-1.html) which “prohibits the sale, lease, or import of any radiation emitting device that, as the case may be, presents a risk to any individual of genetic disorder, bodily injury, impairment of health, or death from the emission of radiation.”
