The firm's clients—Patricia Weeks of Florida and Waleed Anbar of California—say that they both purchased Pixel phones in 2016. However, months after their purchases, they both said that they experienced a defective microphone. The case, Weeks v. Google , was filed Tuesday in federal court in San Jose, California.
When they approached Google's customer service, they were told that Google would not refund them or offer a replacement.
"Dr. Weeks did not know that the Pixel phones have defective microphones when she bought her phone. Had Google disclosed the defect to her, she would not have bought a Pixel or would have paid substantially less for it," the complaint states .
Both plaintiffs are being represented by Girard Gibbs .
Other users began reporting faulty microphones around the same timeframe, not long after the Pixel's launch in October 2016.
The lawsuit claims that, among other allegations, Google is in breach of its own warranty, which states that the company "will in its sole discretion and to the extent permitted by law either repair your Phone using new or refurbished parts, replace your Phone with a new or refurbished Phone functionally at least equivalent to yours, or accept the return of the Phone in exchange for a refund of the purchase price you paid for the Phone."
Emily Clarke, a Google spokeswoman, told Ars, "We don't comment on ongoing litigation but it might be worth including a link to or help center page in your story which explains the solutions we have for out-of-warranty customers."
Cyrus Farivar Cyrus is a Senior Tech Policy Reporter at Ars Technica, and is also a radio producer and author. His latest book, Habeas Data , about the legal cases over the last 50 years that have had an outsized impact on surveillance and privacy law in America, is due out in May 2018 from Melville House. He is based in Oakland, California.