To: John Biddle who wrote (29060 ) 11/18/2002 7:00:24 PM From: John Biddle Read Replies (1) | Respond to of 197253 Cell Phone User Sues Samsung, Sprint Over 911 Calls Monday November 18, 5:57 pm ET, By Colleen DeBaise biz.yahoo.com Dow Jones Newswires NEW YORK -- A New York cellular telephone user filed a lawsuit against Samsung Corp., claiming some of the company's cell phone models fail to properly connect emergency calls to 911. ADVERTISEMENT The suit seeks class-action status on behalf of thousands of consumers who have purchased Samsung phones since Feb. 13, 2000, when a federal law required cell phones to have software that would ensure 911 calls go through. The suit also names Sprint Corp. , which distributes Samsung phones to customers that subscribe to its cellular service. The phones "do not provide the level of safety and security which the plaintiff and members of the class are entitled to receive and expect in an emergency," according to the suit, filed late Friday in Manhattan federal court. Specifically, three models of Samsung phones, when tested, either failed to notify the user by an audible tone or message that the 911 call was underway; failed to connect to a 911 operator within 17 seconds; or had other software flaws that further impeded the call, according to the suit. The test cited in the suit was performed by Wireless Consumers Alliance Inc., a non-profit San Diego consumer group. Samsung said it doesn't comment on pending litigation. A Sprint spokesman said the company hasn't yet seen the suit and can't comment. Plaintiff Lisa Bass says she purchased a non-compliant Samsung phone as part of a package deal for cellular service from Sprint. She alleges in the suit that "safety and security" are the primary reasons why people carry cell phones. While Samsung and Sprint promote safety features in their marketing of cell phones, "cellular coverage is incomplete and the grade of service provided by cellular carriers is inconsistent," the suit contends. The suit seeks damages and a court order preventing Samsung and Sprint from selling or distributing cell phones that fail to comply with Federal Communications Commission's conditions for 911 calls. The suit also seeks an order that would require Sprint and Samsung to replace defective phones. -By Colleen DeBaise, Dow Jones Newswires; 212-227-2017; colleen.debaise@ dowjones.com