Huawei Nexus 6P Battery Class Action Lawsuit Finally Authorized

The Quebec Court of Appeal recently overturned the Superior Court’s decision and authorized a Canadian class action lawsuit against Huawei Technologies Canada over defective Nexus 6P cell phone batteries. The Huawei class action lawsuit is currently in the trial preparation phase.

Anyone who purchased a Nexus 6P smartphone in Quebec is automatically included in the Huawei class action lawsuit.

The Huawei class action lawsuit seeks to compensate consumers who purchased a Nexus 6P cell phone in Quebec. Class Members may be reimbursed for:

• The cost of repairing the Nexus 6P or replacing the battery;
• The shipping costs;
• The cost of purchasing portable batteries.

Additionally, consumers may receive $100 worth of punitive damages.

Huawei Defective Nexus 6P Cell phone Batteries

The Huawei class action lawsuit Canada alleges that the Nexus 6P cellphone battery, manufactured by Huawei, discharges or drains prematurely.

The Nexus 6P smartphone was co-developed by Google and Huawei. The Nexus 6P model was the latest in the Nexus collection of smartphones, subsequently replaced by the newer Pixel collection, which is entirely designed and manufactured by Google.

Lead plaintiff Ricky Tenzer purchased a Nexus 6P smartphone via Rogers’ cell phone plan. The Nexus 6P cell phone is a high-end smartphone worth about $700 for the 32GB version.

According to Ricky, the battery of his Nexus 6P started showing premature draining problems only a year and a half after purchase. Battery discharge, or drainage, refers to where a smartphone shuts down even though the display indicates that there is still 30 or 40 % battery remaining. The cost to remedy the Nexus 6P battery problem reportedly costs $229.

In March 2018, Ricky filed an application to institute the Huawei class action lawsuit.

The Huawei class action lawsuit alleges that Google, the co-developer and marketer of the Nexus 6P cell phone, made the purported long battery life of the smartphone a selling point by stating on its site that Huawei’s 3450mAh battery allows consumers to talk, text and use their phones all day long.

However, the Huawei class action lawsuit argues that “despite these representations and the announced quality of these phones, the battery is affected by premature discharge problems.”

The Huawei class action lawsuit describes Huawei’s behaviour as “characterized by serious negligence and disregard for consumer rights.”

For its part, Huawei criticized Ricky for failing to notify the battery manufacturer about the “existence of an alleged defect and failed to formally notify the defendant to repair or replace the battery before initiating legal proceedings.”

According to Huawei, the company did, indeed, repair Ricky’s Nexus 6P battery after becoming aware of the legal proceedings against the company.

From Dismissal to Authorization: The Evolution of the Huawei Class Action Lawsuit

In 2019, the Superior Court of Québec refused to authorize the Huawei class action lawsuit. However, in appeal, Justices Guy Gagnon, Michel Beaupré and Benoît Moore overturned the dismissal, considering that the Huawei class action lawsuit met the requirements to go to trial.

Importantly, the Court of Appeal’s green light does not mean that Ricky or potential Class Members won the case. Rather, the authorization signifies that the plaintiff’s arguments are serious enough to justify a trial. Once the Huawei class action lawsuit comes to trial, the judge will hear the case and will determine whether the Nexus 6P battery is defective and whether Ricky and potential Class Members can obtain judicial relief.

In June 2019, a U.S. class action lawsuit against Huawei and Google concluded in a $9.75 million settlement over similar Nexus 6P cellphone battery and “bootloop” issues. The Nexus 6P bootloop defect allegedly caused the smartphones to randomly shut down and reboot, which resulted in some phones being stuck in a reboot cycle. The battery drain defect reportedly caused the smartphones to lose battery power prematurely.

On Feb. 21, 2020, U.S. Huawei Class Members started receiving cheques in the mail from the Nexus 6P smartphone class action settlement worth as much as $325.

If you purchased a Nexus 6P cell phone in Quebec, you are automatically included in the Huawei class action lawsuit Canada. If a settlement is reached or the plaintiff wins, all you need to do is claim the cash you are owed. If you do not wish to take part of the Huawei class action lawsuit, you must opt out by Sept. 15, 2020.

Did you purchase a Nexus 6P smartphone? Did you encounter battery drainage issues? Share your experiences with us in the comments below!

The lead plaintiff and Class Members are represented by Trudel Johnston & Lespérance.

The Huawei class action lawsuit is Tenzer v. Huawei Technlogies Canada Co., Ltd., Case No. 500-06-000913-182, in the Superior Court of Québec, District of Montreal, Canada.

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