Category Archives: Class Action Lawsuit

Phonegate Canada: Court authorizes class action against Apple and Samsung – September 27, 2022

(click on photo to enlarge)

In a judgementhttps://stopsmartmetersbc.com/wp-content/uploads/2022/09/Quebec-Class-Action-Judgement-500-06-001018-197-Tracey-Arial-et-al-v.-Apple-Canada-Inc.Apple-Inc.-and-Samsung-Electronics-CanadaSamsung-Electronics-Co.-Ltd.-Sept.22-2022.pdf – rendered on September 22, 2022, the seven plaintiffs, Tracey Ariel, Claire O’Brien, Erika Patton, Zoe Patton, Alex Tasciyan, Mathew Nucciarone and Vito Decicco, have been given a win by Judge Christian Immer.                  They will therefore be allowed to launch a class action against the manufacturers of Apple and Samsung smartphones, in the context of the Phonegate scandal.

The action had been initiated in September 2019 by Attorney Charles O Brien, following the revelations in August 2019 of American journalist (and 2008 Pulitzer Prize winner) Sam Roe in the Chicago Tribune.

(video 10:08) https://www.youtube.com/watch?v=QfUUnxucif8&t=36s

Just recently (end of August 2022), in the U.S. Phonegate case, a ruling did not hold the giant Apple accountable for the overexposure of users of its iPhones.

Phonegate could cost Apple and Samsung dearly

The Canadian decision also authorizes a claim for damages against Apple Canada, Apple Inc., Samsung Electronics Canada and Samsung Electronics Co. Ltd. As a result, the seven plaintiffs will have the status of representatives of the class defined by the following wording:

« Any physical person residing or domiciled in Quebec, who has, since September 11, 2016, purchased or leased and used an Apple or Samsung cellphone. »

It is therefore nearly 8.5 million people who are concerned, knowing that according to a recent study, 81% of Quebec adults have a smartphone – iPhones and Android smartphones share the Quebec market. Now, millions of consumers are potentially and directly concerned by this judgment and by obtaining damages.

Questions that need answering

Judge Immer identified several primary issues of fact and law that will need to be addressed collectively: ….

https://phonegatealert.org/en/class-action-apple-samsung/

see 1) – https://stopsmartmetersbc.com/2022-09-26-major-canadian-lawsuit-proceeds/

 

FeganScott Law Firm Confirms PhoneGate: New FCC-Accredited Lab Results Show Apple and Samsung Smartphone RF Radiation Levels Exceed Federal Limit

(click on photo to enlarge)

The class action against Apple and Samsung Mobile in USA is progressing. See the latest press release from the law firm FeganScott on Phonegate scandal.

“FeganScott is a nationwide class-action law firm dedicated to helping consumers. The firm’s partners have successfully recovered $1 billion on behalf of consumers and victims nationwide.

FeganScott is committed to pursuing successful outcomes with integrity and excellence, while holding unjust parties accountable.”

https://www.phonegatealert.org/en/feganscott-law-firm-confirms-phonegate-new-fcc-accredited-lab-results-show-apple-and-samsung-smartphone-rf-radiation-levels-exceed-federal-limit

Thank you for helping us to relay our alert as widely as possible.

The Phonegate Alert Team

= = =

Phonegate: On-going international Collective Actions: https://www.phonegatealert.org/en/phonegate-international-collective-actions

Class Action Lawsuit Update – July 20, 2016

Nomi Davis and Jessica Klein have initiated a Class Action Lawsuit against BC Hydro regarding the installation of wireless Smart Meters on their homes and businesses.

BC Smart Meter Lawsuit.CA

DECISION – JULY 12, 2016

http://citizensforsafetechnology.org/Judgment-of-Madam-Justice-Adair,84,4472

http://citizensforsafetechnology.org/CLASS-ACTION-Lawsuit-PACKAGE,2,3617

July 20, 2016: COMMENTS about Judge Adair’s DECISION not to certify the class action.  For now, please do not send in registrations or donations for legal costs.

Nobody has ever said that the challenge of bringing public accountability to BC Hydro would be easy, but significant and encouraging steps have been realized despite the court’s refusal of the application for class action certification of a civil lawsuit against BC Hydro.

Of greatest importance is that the foundational argument of the case survived the attack by BC Hydro, and the court found merit and plausibility in the success of a cause of action which embodied the Charter of Rights, Section 7 Liberty Interest. In short, the court recognized that the right to be free from government interference regarding choices of a fundamental and personal nature within one’s home was a valid argument. Now that’s a success that we would not have achieved without this class action application.

The court’s recognition of the Section 7 Liberty Interest as it relates to forced smart meter application and unacceptable microwave radiation emissions exposure therefrom is a major development and a big step up the stairway to success.

Where this court application for class action certification failed is in the identification of a common class. There are several main reasons which cause concern over smart meter installation – health damage, health concerns, fire risk, security & surveillance and billing concerns account for the majority of varied reasons which could give rise to a resident refusing a smart meter. Given that the court was analyzing the viability of the class action procedures, not the merits of the case, it is clear that the next action would be one where the class of persons would need to be narrowed so that there was a common issue within the group.

Since the court has affirmed the viability of a Section 7 Liberty Interest cause of action, now is the time to analyze how to use this valuable court decision as a relevant legal landmark upon which a refined case can be brought against BC Hydro.

It is also important to note that the decision did not assert that the microwave radiation emissions from smart meters is safe, and since the Notice of Civil Claim against BC Hydro was filed in 2013, recent credible science is reporting the possibility of devastating ill health effects from wireless exposure. Unfortunately, scientific articles which would have further supported health concerns were released after the court had closed submissions. Check out the US National Toxicology Program science article on brain and heart cancers from two years intermittent “cell phone” exposure. (http://biorxiv.org/content/early/2016/05/26/055699)

BC Hydro asserts that the Clean Energy Act allows them to act with impunity even though its actions and the roll out of the smart meter program violates our fundamental principles of a democratic society. We know that the Charter protection afforded to every individual in BC is activated when members of the public are being subjected to undemocratic and oppressive tactics of a governmental agency, and BC Hydro is not excluded from the responsibility to abide by the Charter of Rights. While we disagree with certain statements made in the court decision, we are thankful for the recognition of the validity of the Charter Section 7 Liberty Interest argument, and now continue to seek redress as we move ahead.

This decision has opened the way for individual civil claims against BC Hydro under the Charter Section 7 Liberty Interest. There can be as many individual claims as people feel their rights have been frustrated. Any customer of BC Hydro who is interested in pursuing civil action against BC Hydro is encouraged to take this Supreme Court Decision to a lawyer versed in constitutional law for an opinion on the merits of their individual situation. We would like to hear from anyone who receives legal advice affirming their case against BC Hydro under Section 7 of the Charter.

     CitizensForSafeTechnology

Una St. Clair                              Sharon Noble
Executive Director,             Director,
Citizens for                               Coalition to
Safe Technology                    Stop Smart Meters

                       CSSMBC

 

For complete information re Lawsuit:

https://stopsmartmetersbc.com/lawsuit/

Smart meter safety risk – Letter to BC Minister of Energy and Mines Bennett

June 26. 2015 – For Immediate Release

 A COURT TOLD ITRON SMART METERS ARE A FIRE HAZARD.

 What did ITRON know and when did they know it? They knew these smart meters were dangerous and they knew from the very beginning.

 We, the taxpayers who fund BC Hydro, demand a refund from ITRON for selling a defective, dangerous device.

 ITRON’s smart meters have design flaws that make them fire hazards. These were sold to many places before they were sold to BC Hydro, so ITRON had to have been aware of problems long before the contract was signed.

Failures and fires have occurred in BC.   How many no one knows because no one is tracking.

BCUC was told through the Clean Energy Act and Direction 4 it had no authority to interfere in the smart meter program in any way.   BC Safety Authority has been told to butt out of the smart meter program. And the Provincial Fire Commissioner doesn’t track specific causes of fires. So no one knows, except, perhaps BC Hydro and they’re not talking.

But now, through sworn testimony in a legal action in Texas obtained by Sharon Noble, Director of the Coalition to Stop Smart Meters, we learn that there have been many incidents of ITRON Openway smart meters — the same model used by BC Hydro and Fortis BC — failing and burning, palettes of them, according to one testimonial.

Now is the time, before more homes are damaged, and more lives put at risk, to say this program is a fiasco. WE WANT THIS PROGRAM ENDED, AND WE WANT OUR MONEY BACK.

Noble says, “Whenever we purchase something that doesn’t work the way it is supposed to, we can return it and expect our money back. These smart meters were purported to be safe, just as safe as the old analogs. But they aren’t and now we have proof from a completely independent source – a Texas court.   Bill Bennett needs to stop this program, recall the smart meters, demand that analogs be put back in place, and send ITRON the bill.”’

Certainly ITRON knew long ago that these meters were cheaply made with flaws that could cause the meters to fail catastrophically. They should have warned us – it should not be up to us to have to fight to protect our homes. WE WANT OUR MONEY BACK.

———————————————–

Letter to BC Minister of Energy and Mines Bennett

 

From: Dennis and Sharon Noble [mailto:dsnoble@shaw.ca]
Sent: June 25, 2015 2:25 PM
To: Bill Bennett (mem.minister@gov.bc.ca); ‘bill.bennett.mla@leg.bc.ca
Cc: John Horgan. Leader NDP;
adrian.dix.mla@leg.bc.ca;
Christy Clark (premier@gov.bc.ca);
elizabeth.may@parl.gc.ca‘;
Atamanenko, Alex – Riding 1A; Atamanenko.A@parl.gc.ca; ‘andrew.weaver.mla@leg.bc.ca‘;
info@greenparty.bc.ca

Subject: Smart meter safety risk

VIA REGISTERED MAIL
June 25, 2015
Hon. Bill Bennett
Minister of Energy and Mines
Room 301
Parliament Buildings
Victoria, BC V8V 1X4

Dear Mr. Bennett:

In 2012 Armen Kassabian, Ontario Fire Marshal, wrote a report that expressed serious concerns about the safety of smart meters, regardless of the brand.  They fail.  They melt.  They burn.

http://www.stopsmartmeters.org/wp-content/uploads/2012/10/FireMarshallReportSmartMeterFires-Canada.pdf

Mr. Bennett, for the last 2 years I have been tracking smart meter failures in British Columbia, and have provided you with evidence showing that there is justification for major concern. Just like the Sensus smart meters in Saskatchewan, the Itron meters in BC have overheated, melted and burned. More failures have occurred in BC than in Saskatchewan, yet you and BC Hydro have taken no steps to ensure the public’s safety. In fact, you and BC Hydro have denied that these meters have failed or put lives at risk.

There is now evidence that you cannot – must not – ignore.

With this letter I have provided a printed copy of a recent lawsuit in Texas that contains testimony given under oath by journeyman linesmen who have worked for utilities for many years. They state that ITRON Openway meters used by Centerpoint Energy in Houston, the very same model being used by BC Hydro and Fortis BC, have failed in large numbers. This document also is available at

https://stopsmartmetersbc.com/wp-content/uploads/2015/05/Reed_Answering_Brief-1.pdf

Of particular note:

1)            Those testifying had confirmed fires and failures with other linesmen and trouble-shooters prior to making the statements. Pg. 25

2)            The linesmen reported that the utility had “two pallets of burned up (Itron) meters”.  Pg. 8

3)            The linesmen reported problems with “meters’ communication with the remote site control and many issues with meters melting and burning up.”  Pg. 8

4)            Linesmen determined that “part of the problem was a loose connection between the meter and the meter base because the smart meters had thinner “blades” than the previous analog meters” (emphasis added)     Pg. 8 This gap could cause arcing leading to fires.

5)            Concerns were raised about the ITRON smart meters “creating arc flashes, which could burn the customers’ wiring and create ‘hazardous conditions.’ …These hazardous conditions include potentially causing arc flashes, which could result in anything from minor to third degree burns to technicians who remove the meters.”  Pg. 8

6)            An experienced trouble-shooter for a utility reported that he had “responded to more fire calls once the smart meters were deployed and these often involved heating problems at the meter base.”  Pg. 13

7)            “ Reed’s testimony concerned products used by Respondent. Landis + Gyr is the manufacturer of the AMS meter used by Respondent and Itron is the manufacturer of the meters used by CenterPoint Energy in Houston.”  Pg. 25

The model used in Houston is the ITRON C2SOD, Openway Centron II the same model used by BC Hydro and Fortis BC.

http://investors.centerpointenergy.com/releasedetail.cfm?releaseid=553906

8)            At Oncor and Centerpoint there was a consistent corporate message that utility employees are to tell customers that any problem, whether it’s damaged appliances or a fire, was due to the meter base which is owned by the client, not the smart meter.  Pg. 10. This is the same message that, according to Hydro insiders, BC Hydro has given to its employees.

———-

Mr. Bennett, I could provide you with many statistics and data that I have gathered over the last 2 years that would help explain why the meters are a fire hazard, but I believe that is unnecessary. I have provided you with most of them already.   Instead, I will summarize what I have found in addition to the details provided above:

1)            Electronic digital and smart meters — which are combustible and vulnerable to heat — should have reliable means for immediately disconnecting them from the grid in the entirely foreseeable event of circuit failure (lithium-metal batteries, diodes, electrolytic capacitors, transistors, etc.). Such reliable means are apparently not provided. With an effectively unlimited current supply from the grid this lack of protection creates a significant fire risk when the meter is combustible as is the ITRON smart meter.

2)            I’ve been told by knowledgeable people that the remote disconnect switch apparently is unreliable and poorly designed, having been implicated in fires across North American. To function it relies on other components of the meter that, in all likelihood, would be compromised in the event of overheating or other failures. Arcing, arc flash, and heating from the disconnect switch are also serious hazards that derive from the unprotected grid connection.

3)            The meter installation process was questionable, given the lack of qualifications of the personnel recruited to carry out the installations. Use of inadequately qualified installation personnel significantly increases the risk of: (a) failure to observe existing meter base/wiring problems; and (b)  damaging the base during exchange; both of these can lead to “hot sockets” with the attendant risk of fire.

4)            The meter bases into which these meters are being placed were designed, tested, and CSA approved to hold an electro-mechanical analog meter which is not combustible. . Our multiple requests for proof of certification of the meter base in conjunction with a combustible electronic meter, either digital or smart meter, have been ignored. It is a highly questionable practice, probably illegal, to install electronic meters on a base designed and  CSA tested/approved only  for electro- mechanical analogue meters.

5)            In BC the BC Safety Standards Act exempts BC Hydro and Fortis BC from having their equipment certified by CSA and smart meters have been determined to be utility equipment.  The exemption is conditional under section 21-4 which states that utility equipment must be certified safe by a professional electrical engineer licensed in BC.  BC Hydro stated it does not have this certification.

6)            According to the Fire Commissioner’s Office, BC Hydro is allowed to remove and has removed smart meters from scenes of fires before the fire inspection has been completed “since it is their meter.” This runs counter to the BC Fire Safety Act.

7)            BC Hydro has reported that no smart meter has been inspected in its laboratory, Power Tech, after it has failed. Instead all failed meters are returned immediately to Itron for replacement. I have been told in response to a Freedom of Information request that BC Hydro is doing no investigation to determine the reason for the failure.

8)            There appears to be no agency that is tracking incidents involving smart meters.

The BC Utility Commission, according to the BC Utilities Commission Act, has responsibility to ensure BC Hydro’s products and practices will not endanger the public. With regard to the smart meter program, the BCUC informs me this responsibility has been overruled by the Clean Energy Act and Direction 4 because it has been told it cannot interfere in the smart meter program in any way, even with regard to public safety.

The BC Safety Authority, which normally ensures that electrical devices are safe and that any unsafe devices are reported, advised me that they have been told that they have no authority regarding the smart meter program.

9)            Fire reports have indicated the cause of some fires to be due to failed electrical distribution equipment. Len Garis, in the report commissioned by BC Hydro, stated that reference to electrical distribution equipment usually refers to meters.

10)          Budgets to fire departments have been reduced to the point where departments do not have the resources to determine causes of all fires. Many fires are not reported even after 2 years. In addition, one fire chief told me that they were told to rule out arson, and not bother going further. As a result in many cases, the fire’s cause is given as “undetermined.”  Of the fires for which I’ve requested reports from the Fire Commissioner, 50% have no determined cause!

11)          Because of the lack of resources, investigations are carried out by people with limited electrical fire forensics ability, and, therefore, it is possible that many fires that might be associated with smart meters are going undetected. As a result, it is possible that many problems are going undetected and unremedied, jeopardizing the property and lives of British Columbians.

12)          Regulations in Quebec require that Hydro-Quebec ensures that smart meters are not within 3 meters of a propane tank. If the tank or meter cannot be removed, then the remote disconnect switch, which has been found to have been involved in fires in Saskatchewan, must be disabled. It seems prudent that similar precautionary measures should be taken regarding proximity of smart meters to any flammable materials. I wrote to you, Mr. Bennett, and BC Hydro authorities on June 4 asking what precautionary steps BC Hydro would be taking, and to date I received no response.

Our Charter of Rights and Freedoms, Section 7, grants Canadian citizens the right to refuse actions by the government that the citizens believe to be harmful.

Further, “the Federal Court of Appeal has opened the door to lawsuits against government regulators for negligent administration of their regulatory schemes and created the possibility of suing a regulator for damages under public law if the regulator violates a clear duty to act or exercises its public power in an “irrational” or “clearly wrong” manner.”

http://www.jdsupra.com/legalnews/beekeepers-abuzz-after-court-allows-clas-01297 /

Based upon the information I’ve provided to you, I believe it is safe to say that this smart meter program has major problems that cannot be ignored any longer. You, Mr. Bennett, as Minister of Energy, are responsible for allowing this program to continue.  With receipt of this package of material, which I am sending via registered mail, you cannot say you didn’t know that these smart meters are fire hazards.

I am sure that your concern for the safety and welfare of your constituents is paramount. Based upon the information I’ve presented, this concern is best addressed by halting the program and removing the smart meters, pending an investigation.

Should you wish further information about anything that I’ve said, please ask.

 

Sincerely,
Sharon Noble

 

This will be sent to  All MLAs

Bret Bocook died in March 2015 of a brain tumor caused by his use of a CELL PHONE

This was posted originally on Facebook = Citizens For Safe Technology by Karen Weiss

Bret Bocook - pic

 

RIP Bret Bocook.   Bret died in March 2015 of a brain tumor caused by his use of a CELL PHONE.

See this https://youtu.be/ueWg82tSnXE

Let’s help get his message out.

In this video Bret talks about many Telecom companies taking out patents for cellphone/antenna designs to lower RF exposure … and how this equates to absolute FOREKNOWLEDGE. That foreknowledge will someday translate to CRIMINAL offenses when the lawyers figure out this is going to be the biggest class action extravaganza in history.

I think that there will be a day in the near future when it is revealed in some way that ALL wireless manufacturers and distributors and federal governments knew and have known for years that the radiation from cell phones when commonly used pressed against the head, that they may cause BRAIN CANCER; that they WILL cause BRAIN CANCER in a portion of the users.

This is the case of FOREKNOWLEDGE and I expect that this will be grounds for pressing CRIMINAL charges against the various companies and governments and the executives and technical staff and even the owners of property on which cell phone towers (masts) have been erected.  There are so many entities that are complicit in this problem.

When this dam of denial breaks then there will be many major class action suits launched and won.    Lloyds of London has already served notice that they want none of this and have stopped insuring anything that is connected with RF radiation which includes CELL PHONES.  They know what is coming. If the retail insurance companies also step out of the line of insurance payment then who will pay for the damage?  The wireless companies will dig deep and pay and then declare bankruptcy.  This is going to be a financial blood bath.  Will the various government pass laws that will prevent any claims because thee will be too much economic turmoil.  Maybe.  They will do what they have to to keep the ship afloat.

The biggest impact will be on the economy when ALL wi-fi and Cell phones will be now used a very limited way.  It is going to be very interesting.  No more free wi-fi in the coffee shops or schools or in the work place.  No more cell towers built on hospitals and tall apartment buildings.  No more seeing people walking down the street glued to their smart phone.  Actually, I think that this may be viewed as a very positive step.

And that will not be the end of the story.  If cancers caused by Cell phone usage takes 10-20 years to be diagnosed then there will be a huge wave of cancers in 2025-2035 that will swamp the health providers and the various health plans.  There are some important studies that predict this just like cancers from tobacco and asbestos.

If you thought that the fight against tobacco and its link to cancer was long and tortuous then just watch this fight, which is going on right now, against Cell phones and other RF Radiation devices which are linked to cancer.

See also Bret Bocook Facebook https://www.facebook.com/Worldslaw

Bret Bocook - pic2

 

BC Hydro – Smart Meters – Class Action Lawsuit Update – April 7, 2015

” . . . Direction 4 allowed opt out choice ONLY for residential customers who had thus far managed to avoid the installation of a microwave smart meter up until December 1, 2013. No commercial customers were allowed an opt out choice.

“After more than 2 years of forced installations, and two months after commencement of this legal action against BC Hydro, the Liberals used Direction 4 to deny opt out choice for 96% of BC Hydro customers, allowing opt out choice ONLY for those customers who had successfully refused a smart meter of any kind up to December 1, 2013. Out of 1.8 million customers, only 4% were deemed eligible for choice. Direction 4 only allowed customers to opt out if they had residential accounts (no business), and no RF smart meter had yet been installed by December 1, 2013. In short, Direction 4 closed any loopholes left out of the Clean Energy Act and determined the different ways in which individual customers may suffer under the heavy hand of BC Hydro’s smart meter rollout.

“It was an amazing moment to realize the Liberals had imposed an act which made legal severe restriction of civil liberties without any kind of parliamentary discussion. . . .

Read the full Update here
https://stopsmartmetersbc.com/wp-content/uploads/2015/04/BC-Hydro-Class-Action-Lawsuit-Update-April-72015.pdf

Class Action Lawsuit – Current Status

This newsletter is to bring you up to date on the current status of the Class Action Civil Lawsuit against BC Hydro, to inform you of the court timeline for submissions and court hearings, and to let you know we are going to need every one of you who believes in justice, truth and freedom to keep supporting this lawsuit with your time, effort and valuable donations!

 We cannot allow ourselves to be divided and conquered, so we are asking as we never have before that you get on board with this lawsuit and keep it alive, so we will have the chance of winning back our rights, no matter which political party is in power.

 Read the whole Status Report here