Has your Samsung Galaxy Note 4 displayed the “mmc_read failed” message after receiving a software update from Samsung? Italian authorities held Samsung accountable over this very issue, issuing a $5 million euro fine to the technology giant, finding that Samsung had failed to tell its customers of the effect that a software update would have on their phones when downloaded, along with being unable to revert phones back to a previous firmware version so they may continue to function. Their decision is available here, with a certified translated copy here.
The Italian regulator found in a months-long review of customer service records and internal emails from Samsung that an Android operating system update released in 2016 was not optimized for the Galaxy Note 4. The update produced serious malfunctions, including unwanted automatic restarts, because it put too much stress on ageing Note 4 devices, the regulator concluded.
In the U.S., Note 4 owners whose devices lost functionality following the Marshmallow Android 6.0 update may be eligible to file an arbitration demand against Samsung to recover some or all of the cost for their device. Migliaccio & Rathod LLP is no longer accepting Note 4 clients in bringing claims against Samsung, but we are providing the following information as a public service to demystify the arbitration process for Note 4 owners who are interested in pursuing a recovery on their own against Samsung.
Steps for filing an arbitration demand against Samsung:
- Complete the arbitration demand. You’ll need to submit this form online to the American Arbitration Association’s website, adr.org. You’ll also have to send the form to Samsung, whose address is already written in the arbitration demand.
- Include in your submission to the AAA a copy of Samsung’s Terms of Service, available here.
- Include Samsung’s Terms of Service to the arbitration demand you’ll be mailing to Samsung.
- Pay the arbitration fee of $200. You may be able to recover this fee if you win. Critically, Samsung will need to advance at least $1,700 in filing fees just to contest your claim.
- You may provide the decision of the Italian authorities in support of your claim.
To read more about the Consumer Arbitration Rules, please click here. Please note that the above information cannot serve as a substitute for legal advice and we make no guarantees that you will win in arbitration. While arbitration does not require a lawyer, we encourage you to contact one if you have any questions about your rights. We regret that our firm is no longer handling these claims and hope that the above information proves useful to you if you wish to seek to recover on your own from Samsung.