.
`Bradley K. ng, SBN 274399
`bking@ahdootwolfson.com
`AHDOOT & WOLFSON, PC
`2600 West Olive Avenue, Suite 500
`Burbank, California 91505
`Tel: (310) 474—91 11
`Fax: (310) 474-8585
`
`[additional counsel on signature page]
`
`Counselfor Plainttfland the Putative Class
`
`E-FILED
`
`11/3/2020 1:07 PM
`
`Clerk of Court
`Superior Court Of CA,
`County of Santa Clara
`200V372511
`-
`.
`Rev'ewed By' R' walker
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`COUNTY OF SANTA CLARA COUNTY
`
`NICHOLAS GOGLIA, individually and on
`behalf of all others similarly situated,
`
`Case No. 2 o CV3 72 51 1
`
`CLASS ACTION COMPLAINT FOR:
`
`
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`1. California’s Unfair Competition Law;
`2. California’s Consumers Legal Remedies
`Act
`3. California’s False Advertising Law
`
`JURY TRIAL DEMANDED
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`CLASS ACTION COMPLAINT
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`

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`Plaintiff Nicholas Goglia (“Plaintiff”), individually and on behalf of all others similarly situated,
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`file this Class Action Complaint against Defendant Google LLC (“Google” or “Defendant”), and hereby
`
`alleges the following based on personal knowledge as to his own conduct, and upon information and
`
`belief as to all other matters.
`
`SUMMARY OF THE ACTION
`
`1.
`
`This is a consumer protection class action on behalf of individuals who purchased first-
`
`generation Pixel 3 and Pixel 3 XL (collectively, “Pixel 3”) smartphones. The Pixel 3 is defective. The
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`Pixel 3 defects are two-fold: (1) the Pixel camera suffers from a malfunctioning autofocus feature, which
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`causes the screen display to go black or the camera application to fail altogether; and (2) the Pixel’s
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`battery drains at an accelerated pace after a short period of normal use, causing the phone to overheat
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`and/or prematurely shut off (collectively, the “Defect”). The problems with the Pixel 3 are material and
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`compromise the devices’ core fiinctionality. Consumers with a Pixel 3 face a constant threat of camera
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`failure and premature shutdowns, requiring them to have to constantly refresh the camera application
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`and/or connect to a power source when using their Pixel 3, effectively converting their “mobile” phones
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`into landlines.
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`2.
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`Google designed, manufactured, marketed, and sold the Pixel phones (directly and
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`indirectly through third parties), which are marketed as premium products ranging in price from $799 to
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`$899. Google knew the Pixel 3 was defective at or before the time of release through pre-release testing
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`and complaints from consumers shortly after launch. Despite knowing that the Pixel 3 was prone to fail,
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`Google failed to disclose to consumers that the Pixel 3 is defective. Although the Pixel 3 came with a
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`one-year written warranty covering defects in design, materials, and workmanship, Google routinely
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`refuses to honor its warranty obligations. Instead of fixing the reported problems, Google has denied
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`warranty service for pretextual reasons and obfuscated the source of the Pixel 3 ’5 problems. When Google
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`has agreed to replace a defective Pixel, they provide a replacement Pixel 3 that is also defective, exposing
`
`consumers to repeat failures.
`
`3.
`
`The Defects are substantially certain to manifest—thousands of consumers have reported
`
`issues related to a malfunctioning or failing camera and/or accelerated battery loss. In particular,
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`consumers have reported that
`
`the Pixel 3 camera application itself is riddled with problems,
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`1 C
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`LASS ACTION COMPLAINT
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`predominantly with a malfunctioning autofocus feature, which causes pictures to be blurry and out of
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`focus. Several owners report that the camera’s viewfinder will wobble even if the phone is left untouched
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`on a table or another hard surface, as captured by several owners on YouTube.1 Consumers further report
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`that the Pixel 3 batteries are prone to rapid draining. In some cases, this can cause the phone to overheat,
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`leading applications to freeze and become unresponsive. Several owners have reported having both the
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`camera and battery issues simultaneously, demonstrating that the malfunctioning camera application
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`leads to significant draw on the battery. Plaintiff has consequently been deprived of the benefit of his
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`bargain.
`
`4.
`
`Google’s deceptive marketing and the sale of the Pixel 3 with the undisclosed Defect
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`continue to this day. On behalf of the general public of California, Plaintiff seeks declaratory and
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`injunctive relief against Google to, inter alia, extend the warranty period, provide notification of the
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`warranty extension to past Pixel 3 purchasers, provide restitution, and enjoin it from continuing to
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`deceptively advertise and sell its Pixel 3 phones without disclosing the presence of the Defect.
`
`PARTIES
`
`5.
`
`6.
`
`Plaintiff Nicholas Goglia is an adult individual residing in Eureka, California.
`
`Defendant Google LLC is incorporated under Delaware law and maintains its principal
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`place of business at 1600 Amphitheater Parkway, Mountain View, California 94043.
`
`JURISDICTION AND VENUE
`
`7.
`
`This is brought as a class action to remedy violations of California law by Google. Thi
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`Court has subject matter jurisdiction over this action pursuant to the California Code of Civil Procedure.
`
`8.
`
`The Court has personal jurisdiction over Google LLC because its principal place of
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`business is within this District and it has sufficient minimum contacts in California to render the exercise
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`ofjurisdiction by this Court appropriate.
`
`
`
`
`1 https://Www.y0utube.com/watch?v=Y_wRNGdeV4w (last visited Nov. 2, 2020). YouTube User
`Julius Gunnilstam captured footage of his phone left stationary on a table, and the camera viewfinder’s
`focus inexplicably shaking.
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`9.
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`Venue is also proper in this district pursuant to the California Code of Civil Procedure
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`because, inter alia, because Google’s principal place of business is within this District and a substantial
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`part of the events or omissions giving rise to the claims occurred in this District.
`
`10.
`
`California law applies to the claims of the Plaintiff and class members because the
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`practices at issue here were conceived, reviewed, approved, and otherwise controlled from Google’s
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`headquarters in Mountain View, California. Employees at Google’s headquarters designed and
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`engineered the Pixel 3 hardware and software. Promotional activities, product packaging, and literature
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`were developed and coordinated at, and emanated from, Google’s California headquarters. Google made
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`critical decisions concerning the development, marketing, and advertising of the Pixel 3 in California.
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`Misrepresentations and omissions alleged herein were made by Google employees based in California
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`and were contained on Google’s website, which is maintained by Google employees based in California.
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`Google also developed its express warranty, warranty policies, and customer service protocols in
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`California. Moreover, Plaintiff and class members are residents of California.
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`1 1.
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`In addition, Google’s Terms of Sale for Devices specify that all non-arbitrable disputes
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`are governed by “the laws of the State of California, without regard to conflicts of laws principles” and
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`“will be litigated exclusively in the federal or state courts of Santa Clara County, California; the parties
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`consent to personal and exclusive jurisdiction in these courts.”2
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`PLAINTIFF-SPECIFIC ALLEGATIONS
`
`12.
`
`Plaintiff Nicholas Goglia is a resident of Eureka, California. Plaintiff Goglia purchased a
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`Pixel 3 smartphone for approximately $987 from Google’s online store, in or around October 2018. He
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`purchased the Pixel 3 because the phone was advertised as having an above average camera, in addition
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`to wanting another Android phone with good battery life and speaker quality.
`
`13.
`
`Before purchasing the Pixel 3 XL, Plaintiff Goglia: (1) saw several advertisements in
`
`which Google made representations about the Pixel 3 ’5 high quality and functionality, including that the
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`Pixel 3 had an exceptional camera and excellent battery life; and (2) reviewed the material on the Pixel
`
`
`
`
`2 See https://support.google.com/store/answer/942703 l?p=arbitration&visit_id=63 73 04407074779976-
`l904050504&rd=1 (last visited Nov. 2, 2020).
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`3’s box. Plaintiff Goglia also went through the phone’s initial set—up process, in which Google provided
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`Plaintiff Goglia with information about the device, including information about the camera and battery.
`
`14.
`
`Almost immediately after purchase, the battery on his Pixel 3 began inexplicably draining,
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`which caused the phone to prematurely shutdown while in operation. After two months of this issue, the
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`phone would completely shut off and was unable to be turned back on.
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`15.
`
`As his phone was still under warranty at this time, Plaintiff Goglia contacted Google
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`Support to inquire about the issue, explaining that he was unable to boot—up his phone. Google provided
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`a replacement Pixel 3 that was covered under the initial one-year warranty.
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`16. Within approximately ten months of receiving the replacement Pixel 3, however, it began
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`exhibiting issues with the camera. Specifically, the camera application on Plaintiff Goglia’s phone began
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`exhibiting focusing issues, among other problems, that prevented him from being able to use his camera
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`to take photos or capture video.
`
`17.
`
`In or around March 2020, Plaintiff Goglia contacted Google about the camera defect.
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`Google refused to cover the cost for a repair of the phone’s camera, since Plaintiff Goglia was outside
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`the initial warranty by several months.
`
`18.
`
`Plaintiff Goglia was required to pay Google $230.59 out—of—pocket
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`to have the
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`malfunctioning camera module repaired on his phone.
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`19.
`
`Had Plaintiff Goglia had been made aware of the Defects prior to purchasing his Pixel 3
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`smartphone, he would not have purchased it or would have paid significantly less for the phone than he
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`did.
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`COMMON FACTUAL ALLEGATION S
`
`20.
`
`21.
`
`Mobile phones have become a necessity of everyday life in the United States.
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`The vast majority of Americans—approximately 96%—own a cellphone of some kind.
`
`Nearly 81% of Americans own smartphones. For 2020, the number of smartphone users in the United
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`States is estimated to reach 275.66 million.
`
`22.
`
`Consumers use smartphones to perform a wide variety of tasks, including making phone
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`calls, sending and receiving emails and text messages, accessing the internet, getting directions, using
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`applications and taking photographs. Nearly 59.2% of adults in the United States live in households
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`without a working landline telephone, and roughly one—in—five American adults are “smartphone—only”
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`internet users—meaning they own a smartphone, but do not have traditional home broadband service.
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`The average consumer uses—almost exclusively—the cameras inside their smartphones for taking
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`pictures these days. Americans are relying exclusively on their cell phones to make calls, take photos and
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`access the internet more than ever before.
`
`23. On average, consumers in the United States replace their smartphones every three years.
`
`Google Markets and Launches the Pixel 3 Smartphone
`While Touting its Battery and Camera Capabilities
`
`24.
`
`Google is a major smartphone manufacturer. The Pixel 3 was the third smartphone since
`
`2016 in Google’s “Pixel” line of smartphones.
`
`25.
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`Google controls the design, development, marketing, sales, and support for the Pixels. The
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`phone bears Google’s logos and is branded as being “Made by Google.” Google directed virtually every
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`aspect of the development and manufacture of the phones. Since 2015, Google has controlled the
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`manufacturing process for its line of smartphones, including the Pixels.3 As a part of taking over control
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`of the manufacturing process, Google wanted to make its own hardware in order to prioritize the research
`
`and development process for specific components of its smartphones: cameras and sensors.4 “Because it
`
`fully designs and sells the Pixel handsets,” Google holds itself out as the original equipment manufacturer
`
`of the devices.5
`
`26.
`
`Google sells the Pixel 3 directly to consumers as well as through authorized retailers, such
`
`as Verizon, Amazon, Walmart and Best Buy.6
`
`
`
`3 Plutis, Diana, The latest developments of Google ’s Pixel Series, VERSUS (May 13, 2019), available:
`
`https://versus.com/en/news/the-latest-developments—of-google-s-pixel—series (last visited Nov. 2, 2020).
`4 See id.
`
`5 Ron Amadeo, Google Pixel Review: The Best Android Phone, Even IfIt IS A Little Pricey, ARS
`
`Technica (Oct.18, 2017), available: https://arstechnica.com/gadgets/2016/ 10/google—pixel—review—
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`bland—pricey—but—still—bestandroid—phone (last visited Nov. 2, 2020).
`6 C011, Lucas, The Google Pixel is one of the best Android phones you can buy —here ’s where you can
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`get one, Business Insider (June 1, 2019), available at: https://www.businessinsider.com/where-to-buy—
`google-pixel-phone (last visited Nov. 2, 2020).
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`27.
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`Google provides a written warranty for “[a]ll Made—by—Google device,
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`like Pixel
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`phones.”7 This includes devices “bought on the Google Store, at authorized retail stores, and from
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`carriers.”8 Under the express terms of the warranty, “Google warrants that a new phone
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`will be free
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`from defects in materials and workmanship under normal use
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`for one year from the date of original
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`retail purchase ....”9
`
`28.
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`Google and its authorized resellers allow Pixel purchasers to return their devices for a full
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`refund within approximately two weeks after purchase.10
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`29.
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`On October 9, 2018, Google announced the release of the Pixel 3 and 3XL at a launch
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`event in New York City. The YouTube Video of the event was linked to by technology publications and
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`has been viewed over 1.9 million times.11
`
`30.
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`Both Pixel 3 models were priced at a manufacturer’s suggested retail price of $799 and
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`$899, respectively, with costs for “fully loaded” devices of well over $1,000. The US. release date was
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`set for October 18, 2018.
`
`3 1.
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`At the launch event, along with the Pixel’s high quality and Google’ s overall responsibility
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`for it, the camera functionality and extended battery life figured prominently in Google’s marketing
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`presentation. Representations Google made at the launch event concerning the Pixel 3 include:
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`0
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`0
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`“we designed the world’s best camera and put it in the world’s most helpful phone”
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`“designed from the inside out to be the smartest, most useful device in your life”
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`“everyone raves about the Pixel camera, and today the smartest camera gets even better
`with the Pixel 3”
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`“with motion auto—focus, just tap on ...anything else that won’t hold still, and they’ll stay
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`in focus as they move around the frame”
`
`
`
`
`7 See https://support.google.com/store/answer/6l60400?hl=en&ref_topic=3244667 (last visited Nov.2,
`2020).
`8 Id.
`
`
`9 See https://supportgooglecom/store/troubleshooter/3 0705 79#ts=7 l 68940%2C9 l 5865 1 (last visited
`Nov. 2, 2020).
`
`10 https://support. google.com/store/answer/24l l741?hl=en&ref_topic=3244667 (last visited Nov. 2,
`2020).
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`11 https://www.youtube.com/watch?v=EsoQGTAl SxY (last visited Nov 2, 2020).
`
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`32.
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`Google emphasized the functions of the camera at the launch event, including the Pixel 3
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`camera’s new “auto-focus” feature. This feature, among others, relies on the camera’s built-in intelligent
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`A.I. that automatically senses and captures pictures at the opportune moment.
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`33.
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`Google also demonstrated the Pixel 3’s auto—focus feature, or “motion auto—focus,” which
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`is meant to capture subjects and maintain them in focus while in constant motion. Google used the
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`example of an energetic dog running around a park during the launch event, and explained how, with the
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`use of this feature, the subject “stays in focus as they move around the frame.”
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`34.
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`Google also rolled out advertisements and marketing materials that emphasized the Pixel
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`3 ’s camera and battery life.
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`35.
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`Starting with the first Google Pixel released in 2016, Google placed significant emphasis
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`on the phone’s camera.12 Even before its launch, Google marketing the Pixel 3 as using Al “to make sure
`
`you never miss the shot” and that the “Pixel 3 helps you get that perfect shot on the first try.”13
`
`36.
`
`Google boasted that “the best camera gets even better with Pixel 3” by using A1 to help
`
`capture the “perfect photo every time,” with the new additional features of Super Res Zoom, Night Sight,
`
`Group Selfie, Portrait Mode, and Motion Auto Focus.14 Google stated that the Motion Auto Focus “will
`
`make sure your Pixel 3 camera stays in sharp focus automatically.”15
`
`37.
`
`Google further stated that the Pixel 3 “prioritizes battery power for your most important
`
`apps to make your phone last all day.”16
`
`38.
`
`Google further made representations concerning the quality of Pixel 3 phones through
`
`print and video advertising”:
`
`
`
`12 Plutis, Diana, The latest developments ofGoogle ’s Pixel series, Versus (May 13, 2019), available:
`
`https://versus.com/en/news/the-latest-developments-of—google—s-pixel-series (last visited Nov. 2, 2020).
`13 Queiroz, Mario, Google Pixel 3: Make every day more extraordinary, Google (Oct. 9, 2018),
`
`available: https://www.blog.google/products/pixel/google—pixel—3/ (last visited Nov. 2, 2020).
`14 Id.
`
`‘5 Id.
`
`16 Id.
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`17 https://www.verizon.com/smartphones/google-pixel-3/ (last visited Nov. 2, 2020).
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`7
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`CLASS ACTION COMPLAINT
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`Acamera aogood il deserves unlimited storage.
`Geteveryomein the picturewrtthe—engtesettles—n3sefiestick
`'equrred Snap portraits likeaprowm‘l Portrait Mode. Capture smlles. not
`shake, lora great photo everytime. And saveall your lemme moments Wllh
`
`lreeunllmitedptioto storage ‘1
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`use often, to keep you going longer.
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`charges last. Lasle long.
`Pixel 3 comes with a battery thatchergee remand wirelessly, and lasts all
`dewlt‘seuen smart enougin nolimitIzvatteq;usage= fortne apps you don't
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`39.
`
`“On the Road with the Pixel,” available on Google’s YouTube page,18 captures the way
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`professional photographer, A.J. Rezac, uses the Pixel 3 to snap photographs while on his outdoor
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`adventures without the burden of heavy equipment. In one scene, while driving and the van is in motion,
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`he takes a photo of the rolling scenery accompanied by a roaming grizzly bear, impressing upon viewers
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`that the Pixel 3’s camera makes taking clean photos of objects in constant motion possible.
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`
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`8 C
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`18 https://www.youtube.com/watch?v=6ZUrZqupts, published 9/13/19 (last visited Nov. 2, 2020).
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`40.
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`After purchasing (but before using) their Pixels, Plaintiff was required to, and did,
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`undertake Google’s standard Pixel 3 set-up process on his devices. During this process, Plaintiff
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`interacted with Google about his Pixel 3, Google provided information about how to use the phone, and
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`Plaintiff conducted general set—up activities like: (1) connecting to the internet; (2) migrating applications
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`and data; (3) updating software; (4) linking the phone to their Google accounts; (5) agreeing to Google’s
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`terms of service; (6) setting up fingerprint sensor; and (7) setting up the Google Assistant to recognize
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`their voices using the phrase “OK Google.”l9 During the set—up process, Plaintiff signed into their Google
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`accounts and agreed to Google’s Terms of Service. At no time during this set—up process did Google
`
`disclose any defect associated with that camera or battery on the Pixel 3.
`
`41.
`
`Prior to using their Pixel 3s, Plaintiff encountered Google’s external packaging of the
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`Pixel 3. At no time did the external packaging disclose any defect associated with the Pixel 3.
`
`42.
`
`Plaintiff was exposed to specific representations by Google prior to and immediately after
`
`purchase (and within the time period in which they could have returned their Pixels for a full refund). At
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`none of these times did Google disclose the Defects to Plaintiff. Google failed to disclose the Defects to
`
`Plaintiff despite being aware of the Defects since no later than several weeks after it released the Pixel 3.
`
`The Defects Manifest Soon After Launch
`
`43.
`
`The Pixel 3 suffers from latent defects—though it appears to function normally when new,
`
`the Pixel 3’s cameras have a substantial propensity to fail, and its battery drains at an accelerated rate.
`
`44.
`
`Phones with malfunctioning cameras and accelerated battery drain are not suitable for
`
`their normal and intended purposes. Such camera failures render the phone unable to focus on a subject
`
`or take pictures and a phone experiencing accelerated battery drain shuts off suddenly, and without
`
`warning, even when its battery life icon shows that it is charged.
`
`45. Within months of the Pixel 3 launching, consumers began posting about the Defects on
`
`social media, internet message boards, and product pages on retailer websites.
`
`46.
`
`Many consumers also complained to Google directly on Google’s own Pixel 3 forum—a
`
`site which is frequented by Google employees who monitor consumer complaints.
`
`
`
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`19 https://www.youtube.com/watch?v=9lv2FeSorNg (last visited Nov. 2, 2020).
`
`9
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`The Camera Defect
`
`47.
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`Soon after the Pixel 3’s release, consumers began experiencing issues with the phone’s
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`camera, including the autofocus defect, as well as the camera application shutting-down, crashing, and/or
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`“going black” unpredictably.
`
`48.
`
`By November 20, 2018, reports emerged that “hundreds of Pixel 3 owners” had taken to
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`online channels such as Reddit and the Google Product Forums since the beginning of the month with
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`complaints that their cameras were no longer working. The overarching sentiment was that the cameras
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`were “unreliable,” frequently displaying a “Camera Error” message or a failure of the camera application
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`to launch altogether.20
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`49.
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`In response to these initial complaints, Google reportedly told BuzzFeed that it had
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`“identified a fix that will roll out in the coming weeks.”21
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`50.
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`Clearly, whatever the purported “fix” Google was referencing,
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`it did not remedy the
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`Defect. The internet
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`is replete with complaints from consumers experiencing the same types of
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`malfiJnctions and failures of the Pixel 3 camera over the subsequent months. The following complaints—
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`many from Google’s own message board—demonstrate that owners notified Google of defects associated
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`with the camera soon after launch:
`
`
`From sjcdal, on 12/01/1822
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`.
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`0
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`“Twice yesterday my Pixel 3 XL 128GB was unable to change focus on the rear camera.
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`Very blurry image. (I took several photos, but trashed them or I would post example.)
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`Reading it appears to be the Laser Distance Sensor is not functioning. I took off the clear
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`plastic case, cleaned the area around the sensor, and restarted the phone. After doing this
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`multiple times, it seemed to come back. But same problem resurfaced a couple of hours
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`later. No amount of cleaning the area, or leaving the case off completely could restore it.”
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`From HolePhoto, on l2/25/1823
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`.
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`0
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`“I've had a pixel 3 since release and in the last week the rear facing camera has stopped
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`focussing, it lets me tap to focus but picture stays blurred. I've cleared the cache and forced
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`20 Zhang, Michael, Google Pixel 3 Users Are Reporting Camera Failures, PetaPixel (Nov. 20, 2018),
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`https://petapixel.con1/2018/ l 1/20/google-pixel-3-users—are-reporting-camera-failures/ (last Visited Nov.
`2, 2020).
`21 1d.
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`22 https://forums.androidcentralcom/google-pixel-3-pixel-3-xl/9273 l0-blurry-camera-image-laser—
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`distance-sensor-problemhtml (last visited Nov. 2, 2020).
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`23https://www.reddit.com/r/Goog1ePixel/comments/a9h2vi/pixel_3_camera_focus_not_working_for_1_
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`week/ (last visited Nov. 2, 2020).
`10
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`CLASS ACTION COMPLAINT
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`restart the app a bunch of times. I also found it started working the other day when I
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`switched between front facing and rear cams and it worked for a bit, but now that's not
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`working anymore.”
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`From High Plains Thrifter, on 3/27/19:24
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`0
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`“I high number of times when I open the camera app on my Pixel 3 to take a photo or
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`record video, the image sent to the display is distorted as if the camera was shaking
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`I have to close the app and reopen it several time before it finally stops.”
`violently.
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`From Agustin Sosa. on 4/ 10/ 1925
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`0
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`“about 3 weeks ago the camera started crashing, sometimes it opens ok, but when swiching
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`to video mode or another, it gets black and stop working. i've tried safe mode, delete data
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`and cache, even restore to fabric, nothing works. i only bought this phone because its
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`camera so its really disappointing.”
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`From Nqavi, on 5/ 1 7/1926
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`0
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`“I have the same issue as well. I patiently waited with a jittery camera for two security
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`updates to resolve the issue, and nothing yet. I've been working with Pixel support today
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`and they offered no help. They told me that since only a handful or so of people have
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`reported the issue, they won't look into it. Their only remedy is to offer a refurbished
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`phone.”
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`From Josh Bradford. on 6/5/1927
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`0
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`“It is not a crashing issue, it's a focus issue. No updates have fixed it. I have been in contact
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`with support for 3 days now, I have done all of their troubleshooting steps twice, and they
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`still are not offering much help. Despite the fact that this is clearly a widespread and
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`known issue, they want me to send my phone in for them to inspect before I get a new
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`one. I can‘t really go a week or so without having a working phone.The only thing that has
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`changed throughout this process is the delay in responses from Google.”
`
`From Brandon D’Augustine, on 11/20/19
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`0
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`“Yup. Same issue here. Google needs to step up to the plate and admit faulty
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`hardware/software. I've babied this phone for the three months I've had it, and camera
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`wobble started at the 30—day mark. That, unfortunately, coincided with my arrival to
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`Iceland— so many photos and videos out of focus and generally terrible. Google support's
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`solution? They want to replace my new phone with a used one! Terrible. This will be the
`
`last time I buy a Google product.”
`
`From Bradford26. on 1/28/2028
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`0
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`“I'm a long time #teampixel / #nexus user but the focus on my Pixel 3 camera is beyond
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`terrible. Tried all the troubleshooting steps and no luck.”
`
`
`
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`24 https://support. google.com/pixelphone/thread/3 1 l l 1 l l?h1=en (last visited Nov. 2, 2020).
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`25 https://support. google.com/pixelphone/thread/3 892399?h1=en (last visited Nov. 2, 2020).
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`26https://www.reddit.com/r/GooglePixel/comments/bOcr3l/pixel_3_having=problems_with_camera_foc
`
`us/enys4z4/?utm_source=reddit&utm_medium=web2x&context=3 (last visited Nov. 2, 2020).
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`27 https://support.google.com/pixelphone/thread/2701270 (last visited Nov. 2, 2020).
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`28 https://twitter.com/Bradford26/status/ 1222271333674967042 (last visited Nov. 2, 2020)
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`From Alanys, on 6/23/2029
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`0
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`“I have a hardware issue with my Pixel 3. It glitches going in and out of focus every time
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`I use the camera. It‘s been like this for a few months now. I thought it was just an update
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`bug but I did all the troubleshooting Google Support told me to,”
`
`From JuanMoreMedia, on 7/ 15/2030
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`0
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`“Obviously a whole different league, but my Pixel 3 heats up too much when taking
`
`portrait shots, or anything under the sun, and camera becomes all slow and sometimes not
`functional :/”
`
` 0
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`From DrBuddyJ, 11 months ago
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`“Camera app freezes all the time. In protective case rear panel glass still broke after a short
`
`I
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`I
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`I
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`drop. Camera delay after picture taken is annoying. Won't work with Snapchat.”
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`51.
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`By spring of 2019, consumer complaints about the camera problems filled Google’s
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`Pixel 3 product forum, internet message boards, Reddit, and social media.31
`
`52.
`
`Publicly available complaints demonstrate that the camera Defect manifests the same way
`
`across Google’s customer base, interfering with customers’ use of the camera.
`
`The Battery Defect
`
`53.
`
`Soon after the Pixel 3 launched, owners began reporting that the battery can drain rapidly
`
`without any forewarning. Consumers have also reported that the battery can become very hot when
`
`draining fast and will often cause certain applications or the entire phone to freeze and/or become
`
`unresponsive. The following complaints—many from Google’s own message board—demonstrate that
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`owners notified Google of defects associated with the battery soon after launch:
`
`
`From Satya, on 10/22/1832
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`I
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`0
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`“I have recently purchased pixel 3 device.
`
`I am seeing issue of overheating while
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`continuously using camera for 5—10 min and video call on whatsapp (15—20mins) Device
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`shows message about the same. And gets turned off. Is anyone seeing such issue?”
`
`
`
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`29 https://twitter.com/shiningalanys/status/ 1275 51 1313213657090 (last visited Nov. 2, 2020).
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`30 https://twitter.com/JuanMoreMedia/status/ 12833753976783 17569 (last visited Nov. 2, 2020).
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`31 https://support.google.corn/pixelphone/thread/3 l l l l l l?hl=en (last visited Nov. 2, 2020);
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`https://twitter.com/dronde/status/ l l 1 1446815440695296 (last visited Nov. 2, 2020);
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`https://www.reddit.com/r/GooglePixel/comments/b0cr3l/pixel 3 having problems with camera focu
`
`s_/ (last visited Oct. 13, 2020).; https://www.youtube.com/watch?v=Y_wRNGdeV4w (last visited Nov.
`2, 2020).
`
`32 https://support.google.corn/pixelphone/forum/AAAAb4-
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`OgUsAXYOi_Alch/?hl=en&gpf=%23 !topic%2thone-by-google%2FAXYOi_Alch (last visited
`Nov. 2, 2020).
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`From ChungHueyWu. on 11/2/1833
`
`0
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`“My Pixel 3 (64G, received yesterday) also overheated during a 30—40mm Line video chat
`
`and dropped 25% battery. The overheating never happened even on a Honor 3C after 4
`
`years of use. I hope such issue on Pixel 3 is fixable.”
`
`From Fred Miller, on 2/25/1934
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`0
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`“Launch Date + 3 months... Google now has a full inventory of Refurbished Pixel 3's...
`
`see a problem there?”
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`From Cynthia M., on 7/6/1935
`
`0
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`“My Pixel 3 battery rapidly depleted from 20 percent to empty in seconds and google only
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`agreed to send a refurbished phone though I asked for a new one. I just received the
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`refurbished phone and the fingerprint sensor has a dark stain, and when I tried turning on
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`the phone it had 0% battery... I am concerned that this one also has battery issues, because
`
`why would they ship a depleted phone? As far as I know it is not good for the battery to
`
`remain at empty so I assume they would want to ship with at least 40% charge, and the
`
`fact that it dropped to zero in transit is worrisome. Was anyone able to get them to agree
`
`to send a new phone, and if so, how? I would really like to have a new phone since that's
`
`what I paid for...”
`
`From David Rhyne, on November 6, 201936
`
`o
`
`“On paper and in reviews, this phone looks decent. But in real life, it's one of the worst
`
`phones I've ever used. The apps have gotten buggier and buggier with time, and this easily
`
`has the worst battery life of any phone I've used in this decade. I'm hoping to get an iPhone
`next.”
`
` o
`
`From Yakou, 8 months ago37
`
`“The battery life is ridiculous. It won't last a few hours without needing to be charged. I
`
`don't even have any opened apps and its still draining battery life. whenever i charge it, it
`
`overheats right away and i am using the charger that it came with. the touch feedback is
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`slow. the processor is slow. i am constantly having to restart or refresh my phone and
`
`apps.”
`
`From BlnaryMike, on 6/ 13/2038
`
`0
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`“Pixel 3x1, fully charged, playing music for 3h and battery is dead. Screen off, standing
`
`up on a stand, volume set to low”
`
`
`
`
`33https://www.reddit.com/r/GooglePixel/comments/9rah06/pixel_3_overheatint,_z_and_shutting_down_d
`uring/ (last visited Nov. 2, 2020).
`34 Id. (last Visited Oct. 13, 2020).
`
`35 https://support. google.com/pixelphone/threa