Premature draining of the Nexus 6P battery
This class action seeks to compensate all persons who have purchased a Nexus 6P in Québec. The action alleges that the battery of the device manufactured by Huawei drains prematurely.
The Court has approved the Settlement Agreement reached between Huawei Technologies Canada Co. Ltd. (“Huawei Canada”), Google LLC and Google Canada Corporation (collectively the “Defendants”) and Mr. Tenzer, the representative of the class action.
The agreement provides that the Defendants will pay a lump sum of $ 550,000. This amount will cover the class members’ compensations as well as all court approved fees.
Who can get money? All persons who currently own or previously owned a Nexus 6P cellphone bought in the province of Quebec.
How much? If you can prove that you own or owned a Nexus 6P bought in the province of Quebec, you could receive $10. If you can also prove the premature discharge of the battery, you could receive up to $260. You could alternatively ask Huawei Canada to replace your cellphone battery until May 3, 2022, by contacting Huawei Canada in one of the two following ways: 1-888-5HUAWEI (1-888-548-2934) or SupportCanada@huawei.com.
For more information , we invite you to consult the Notice of Approval of the Agreement.
Summary of the class action
The Nexus 6P is a high-end cellphone commercialized in Canada since November 2015.
Despite its high cost, after only a few months of use, the phones turn off even if the pictogram on the screen indicates that there remains battery, even 30 or 40% battery. The phone can only turn on again if it is connected to a charger. The display screen turns on again, showing the same remaining battery level as when it was turned off. The battery will empty again very quickly as soon as it is disconnected.
Deficiencies in Nexus 6P cell phones seriously affect the purpose for which they are normally intended, including wireless communication. The battery life of the Nexus 6P is unreasonable in comparison to a typical battery for a phone of such high value.
The premature discharge of the Nexus 6P’s battery is directly related to a faulty battery design. It is a serious hidden defect under both the Consumer Protection Act and the Civil Code of Québec.
On March 23rd, 2018, Ricky Tenzer filed an application to be authorized to bring a class action.
Judge Gary D.D. Morrison of the Superior Court dismissed the application and refused to authorize the class action, but Mr. Tenzer appealed that decision and the Court of Appeal ruled in his favour. On May 11, 2020, the Court of Appeal authorized the class action.
On June 26, 2020, the representative plaintiff, through TJL, filed an Originating Application in the class action before the Superior Court of Quebec.
On February 12, 2021, the defendant, Huawei Technologies Canada Co. filed an Originating Application in warranty against Google LLC and Google Canada Corporation.
On August 27, 2021, a Settlement Agreement was reached between the Plaintiff, Ricky Tenzer and the Defendants, Huawei Canada, Google Inc. and Google Canada Corporation for a total amount of $550,000.00.
On November 17, 2021, the Honorable Pierre-C Gagnon of the Superior Court approved the Settlement Agreement and appointed Collectiva as Claims Administrator.