Defendants each conduct substantial business in this State, have had systematic and continuous contacts with this State, and have agents and representatives that can be found in this State. 18. Venue is proper in this District under 28 U.S.C. 1391 because a
substantial part of the events giving rise to the claims occurred and emanated out of this District, and Defendants conduct has injured Class members residing in this District. Defendant SEA transacts business and maintains its headquarters and principal place of business within this District. Accordingly, this Court has
jurisdiction over this action and venue is proper in this Judicial District. 19. The Federal Courthouse located in Newark, New Jersey is the proper
vicinage for this matter because SEA has its principal place of business in Ridgefield Park, New Jersey. V. 20. Factual Background
On information and belief, Samsung has been engaged in the business
of designing, manufacturing, warranting, marketing, advertising, and selling Samsung-brand refrigerators and other appliances in the United States since 2005.
Filed 09/20/10 Page 8 of 45 PageID: 8
Samsung is one of the worlds leading manufacturers of refrigerators
and other appliances. Samsung has designed, manufactured, warranted, marketed, advertised and sold several product lines of refrigerators. Samsung sells high-end refrigerators through major retail stores such as Best Buy and Home Depot to consumers throughout the United States. Samsung refrigerators are available in three varieties: (1) french door, (2) side-by-side, and (3) bottom freezer, with retail prices ranging from $900 to $3,000. 22. Samsung uniformly markets its refrigerators as highly-rated, top-of
the-line appliances. For example, Samsung describes its refrigerators as featuring a unique patented TWIN Cooling Systemtm that offers advanced cooling technology that delivers uncompromised freshness in both the freezer and refrigerator compartments by circulating cold air with individual fans, and offers professionalgrade cooling. See [Online Marketing Brochure], Exhibit A, attached. The Defect 23. The Refrigerators fail to perform as advertised, because their coils ice
over and cause the Refrigerators to stop cooling, leading to spoiled food. The Refrigerators are designed and manufactured with heated coils that are intended to prevent excess frost from developing in the back of the machine. Instead of

appliances to stop cooling and become unusable.
provides a temporary fix that lasts only until ice builds up again weeks or months later. Plaintiffs and Class Members Reasonable Expectations 33. In purchasing the Refrigerators, Plaintiffs legitimately expected the
refrigerators to operate in accordance with to their intended purpose to keep food cool. 34. Consumers reasonably expect that refrigerators like the Refrigerators
at issue here will function properly for at least 10 years. The Association of Home Appliance Manufacturers has found that the life expectancy of refrigerators is 14 years for side-by-side models, and 17 years for bottom freezer models. 35. Plaintiffs and members of the Class reasonably expected the to effectively refrigerate perishable food items during the

Refrigerators

Refrigerators expected useful lives.
Filed 09/20/10 Page 11 of 45 PageID: 11
Plaintiffs and members of the Class reasonably expected Samsung to
disclose the existence of a defect that was known to Samsung at the time of sale and that would prevent the Refrigerators from refrigerating food. 37. Because of the defect, Plaintiffs refrigerators failed during their
expected useful lives, within or outside applicable warranty periods. 38. As a result of the defect alleged herein, Plaintiffs have experienced
failure of their refrigerators, did not get what they paid for, and have incurred actual damages. Samsung was Aware of the Defect 39. Before it sold the Refrigerators, Samsung knew, or was reckless in not
knowing, that the Refrigerators contained a defect that would cause the coils of the refrigerators to ice over and thereby render the refrigerators unable to perform their cooling function. 40. Samsung did not implement a plan to address the defect and instead
manufactured and sold subsequent models that contained the same defect. 41. Samsung customers have indicated that beginning as early as 2006
they notified and complained to Samsung that their Refrigerators interiors were warm and the food inside had become spoiled. 42. On information and belief, the defect was a known issue to Samsung at
or about the time it began distributing refrigerators with the components containing the defect.
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Consumers, including Plaintiffs, have complained repeatedly to
Samsung about this defect, but Samsung refuses to address and rectify the problem or reimburse customers for lost groceries or repairs, citing expired warranty periods. 44. Samsung was or should have been aware at the time it sold the
Refrigerators that they were defective. Indeed, A BBC television program called Watchdog reported on the very same defect in 2008 as to a Samsung refrigerator sold in the United Kingdom, model RS21. In the report consumers were

interviewed about the defect, their efforts to have the problem corrected and Samsungs refusal to offer any assistance when their refrigerators were out of warranty. The program featured an interview with a refrigeration expert who examined a Samsung RS21 model refrigerator and determined that the problem was a result of a design defect that caused the coils to freeze over with ice, which caused the refrigerators fan to stop running. Once the fan stopped running, the refrigerator stopped cooling. This BBC Watchdog program is available on YouTube at: http://www.youtube.com/watch?v=V467FBmK6QQ. 45. As a result of the Watchdog episode, Samsung apologized to U.K.
consumers and offered them an extended 5-year warranty as to all claims related to the defect. Id. Nonetheless, Samsung has refused to provide relief to United States consumers for the same defect on the ground that warranty periods have elapsed. In so doing, Samsung continues to profit from its misrepresentations and omissions regarding the Refrigerators. The following is a small sample of recent consumer
Filed 09/20/10 Page 13 of 45 PageID: 13
complaints regarding the defect and Samsungs refusal to address it, as detailed on www.consumeraffaris.com: a) Richard of MACON, GA March 16, 2010. Bought samsung RS253BASB/XAA on 11/18/2006 at Best Buy. After 2 years 3 months the water stopped working and then the refrigerator side got around 50 degrees even though temp said 34.Authorized repairman came and charged us 79.00 service call to tell us the defrost coil was faulty and only way for him to fix was to replace the whole coil with defrosted that was built in it. I did this at cost of about 60.00 and the unit ran for about 5 months Ok until now in March 2010 it is all happening again.We had to throw food out a couple of times and I believe we got food poisoning eating food that we did not know was bad when we were relying on the temp. that the refrigerator said that it was. Annette of Pacifica, CA January 3, 2010. I am thorougly disgusted with my 3-year old Samsung Refrigerator Model number RB215LASH. I have had it serviced 5 times in the past 9 months due to the coils FREEZING UP! Each time the repairman comes to my home, it costs me 185.00 to have him DEFROST my 3 year old FROST-FREE refrigerator that cost me over 1000.00!!!! I have almost doubled the cost of my refrigerator with the 5 service calls at 185.00 each!!! Perhaps Samsung should consider refunding me for this lemon of a refrigerator, since I can no longer afford to pay to have it DEFROSTED. I will NEVER purchase another SAMSUNG product again, and will advise everyone I know to stay avoid this brand. Ashley of Wanette, OK December 8, 2009. On 07/01/2007 we purchased a Samsung RS2530BSH/XAA refrigerator from Best Buy. 06/25/2008 I noticed a loud whining noise coming from the back freezer side. On 07/10/2007 I contacted Samsung who sent out a service technician. The service technician took off the inside back [sic] panel of the freezer and used my hair dryer to melt the block of ice that had frozen over the fan. After that the fridge worked fine.for 5 weeks. After spending 100 on a service call for someone to "blow-dry" my freezer fan I decided to investigate the matter myself. Sure enough the freezer fan was frozen over. So about every 4-6 weeks I have to get out the hair dryer and melt the ice away from the fan. On 11/04/2009 the refrigerator and freezer both stopped cooling. Kathleen of Los Angels, CA August 22, 2009. I purchased the Samsung refrigerator on 12/20/2004 from Best Buy. I have had no

Filed 09/20/10 Page 14 of 45 PageID: 14
complaints until the refrigerator side recently stopped cooling. When I went online to Samsung repair I submitted a repair order and got the name of a local repair service He seemed to know exactly what was wrong and told me that the back coil which was designed with the heating system within the coils had to be replaced at a cost of 500 and it was not covered under the 5 year parts warranty. When I asked him if he had encountered this problem before he said that all the Samsung refrigerators had the same problem sooner or later because of this bad coil design. When I asked him if the refrigerator was worth the 500 to fix he asked why I would buy a Samsung in the first place. He said that Samsungs were basically very nice looking pieces of junk e) Pat of Whitesboro, NY July 2, 2010. Samsung French door refrig. 16 months old and refrigerator only cools to 50 degrees. Samsung basically told me too bad I think it is the heating coils freezing up, and it sounds like it can be a reoccuring problem, so buying another unit may be our only recourse. Lost all food in fridge, 1500 for the fridge, 35 for ice, constant water leaks on floor Fatima of Farmington, CT June 22, 2010. I bought a Samsung side by side refrigerator Model # RS267LABP in Ocotober of 2006. In the 2nd year (10/08) after warranty was gone the cooling in the refrigerator side stopped working. The Techcame out, removed panel and defrosted all the ice that had built up. It worked until January of 2009, then same problem plus ice maker and water dispenser stopped working. Same procedure was done. Cynthia of Visalia, CA May 11, 2010. We bought our side by side refrigerator 3 years ago the cooling unit in the back freezes up and then the whole refrigerator quits working. the repairman told us that the cooling unit will continue to be a problem. if they are aware of it, why can't it be fixed. I should have know the first time i called (2 mos after buying it) when they asked which brand it was and was told "i'm sorry." Amanda of Mount Wolf, PA March 26, 2010. I purchased my Samsung fridge (RB215LABP) four and a half years ago. I loved it until the fridge started leaking water and not staying cold it was 4050 degrees in the frige but the LCD screen on the front said 34 degrees. I called Samsung and they told me I was out of warranty and to call a local service tech. Well after calling 8 different techs, they all said they would not touch Samsung because they were junk and ridicuously expensive to repair. I do not understand how a company makes a

Filed 09/20/10 Page 15 of 45 PageID: 15
product that they do not stand behind. I am really disappointed with the service I received. Samsung didn't even care that I had this issue. DO NOT BUY SAMSUNG!!!! i) Kenneth of Memphis, TN March 12, 2010. I purchased our Samsung RS267LASH 26.1 Cu. Ft. Side by Side June 26, 2006 at Lowe's. I spent the entire day yesterday defrosting the coils behind the panel in the refrigerator. It took me 5 hours with a blow dryer to resolve the issue. I received no help from Samsung other than a referral to a local service agency. Wallace of Lake Worth, FL January 29, 2010. Called and advised that my new samsung refrigerator indicated proper temperatures, -4 in freezer and 38 in frigerator, but the real temperature was like 50 and the food was ruined. Charles of Ozark, MO September 27, 2009. I purchased my Samsung side by side refrigerator model number RS2534WWW in September of 2004.the frig the coils freeze up so I have to take a hair dryer and defrost them myself and put the thing back together. Now, I am left with a 1200 dollar piece of junk. I am thawing it again as I am writing this complaint. I feel sorry for anyone who purchased this product. As this small sampling of just the most recent complaints makes clear,
Samsung is aware of the defect in the Refrigerators and has done nothing to address it. 47. For those refrigerators that have failed within the applicable warranty
period, Samsung has provided repairs that do not address the underlying defect and do nothing to prevent subsequent failure. Instead, Samsung has merely replaced one coil with another coil. Samsung was aware, had reason to know, or was
reckless in not knowing that its warranty repairs would not cure or rectify the defect but would instead merely delay the impact of the defect which caused reoccuring failures. By providing such ineffective warranty repairs, Samsung
Filed 09/20/10 Page 16 of 45 PageID: 16
merely postponed the failure of the refrigerators until after the expiration of applicable warranties. 48. When Refrigerators have failed outside the warranty period, Samsung

its marketing and advertising, Plaintiffs believed that the Refrigerators would operate without defects to keep food cool, and Plaintiffs purchased Samsung refrigerators in reliance on that belief. 56. Samsungs representations that the Refrigerators were free of defects
and would adequately refrigerate perishable food items were not true. Samsung knew or was reckless in not knowing when it sold the Refrigerators that the defect would manifest long before the end of the Refrigerators expected useful lives, rendering the Refrigerators unable to keep food cool.
Filed 09/20/10 Page 18 of 45 PageID: 18
Samsung had the capacity to, and did, deceive consumers into
believing that they were purchasing refrigerators that were free from defects and could be used safely and practically to store and cool food. 58. Samsung actively concealed from and/or failed to disclose to Plaintiffs,
the Class, and everyone, the true defective nature of the Refrigerators, and failed to remove the Refrigerators from the marketplace or take adequate remedial action. Samsung represented that the Refrigerators were free of defects even though it knew or was reckless in not knowing when it sold the Refrigerators that they contained a defect that would render the Refrigerators unable to keep food cool. Furthermore, Samsung sold and serviced the Refrigerators even though it knew, or was reckless in not knowing, that the Refrigerators were defective and that Plaintiffs and Class members would be unable to use the Refrigerators for their intended purpose for the duration of their expected useful life. 59. To this day, Samsung continues to misrepresent and/or conceal
material information from Plaintiffs, the Class and the public about the defect in the Refrigerators. Fraudulent Concealment Allegations 60. Plaintiffs claims arise in part out of Samsungs fraudulent
concealment of the defect.
To the extent that Plaintiffs claims arise from
Samsungs fraudulent concealment, there is no one document or communication, and no one interaction, upon which Plaintiffs base their claims. They allege that at all relevant times, including specifically at the time they purchased their

Filed 09/20/10 Page 19 of 45 PageID: 19
refrigerators, Samsung knew, had reason to know, or was reckless in not knowing, of the defect; Samsung was under a duty to disclose the defect based upon its exclusive knowledge of it, its representations about its products, and its concealment of the defect; and Samsung never disclosed the defect to the Plaintiffs or anyone at any time or place or in any manner. 61. Plaintiffs make the following specific fraud allegations with as much
specificity as possible absent access to the information necessarily available only to Samsung: a) Who: Samsung concealed the defect from Plaintiffs, the Class, and everyone in the chain of distribution. Plaintiffs are unaware of, and therefore unable to identify, the true names and identities of those individuals at Samsung responsible for such decisions. b) What: Samsung knew, or had reason to know, at the time it sold the Refrigerators, or was reckless in not knowing, the fact that an existing defect in the Refrigerators would cause the coils to freeze up and thereby render the Refrigerators unable to perform their essential purpose of keeping food cool long before the end of their expected useful lives, within or outside the applicable warranty periods. c) When: Beginning no later than 2006, Samsung concealed this material information at all times with respect to the Refrigerators, including before the time of sale, on an ongoing basis, and continuing to this day.
Filed 09/20/10 Page 20 of 45 PageID: 20

Where:

Samsung concealed this material information in every
communication it had with Plaintiffs, the Class, and everyone in the chain of distribution. Plaintiffs are aware of no document,
communication, or other place or thing, in which Samsung disclosed this material information to anyone outside of Samsung. information appears in no sales documents, no Such no

displays,

advertisements, no warranties, no owners manual, nor on Samsungs website. e) How: Samsung concealed this material information by not disclosing it to Plaintiffs, the Class, or anyone in the chain of distribution at any time or place or in any manner, even though it knew this information and knew that it would be important to a reasonable consumer, and even though its omissions with regard to the defect and consequent premature failures of the Refrigerators were contrary to its representations about the Refrigerators. f) Why: Samsung concealed this material information for the purpose of inducing Plaintiffs and Class members to purchase the defective Refrigerators at full price rather than purchasing competitors refrigerators or paying Samsung less for the Refrigerators, given their limited utility. Had Samsung disclosed the truth, Plaintiffs (and

reasonable consumers) would not have bought the Refrigerators, or would have paid less for them.
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New Jerseys Substantive Law Applies To the Proposed Nationwide Class 62. New Jerseys substantive laws may be constitutionally applied to the
claims of Plaintiffs and the Class under the Due Process Clause, 14th Amend., 1, and the Full Faith and Credit Clause, art. IV., 1, of the U.S. Constitution. New Jersey has significant contact, or significant aggregation of contacts, to the claims asserted by Plaintiffs and all Class members, thereby creating state interests that ensure that the choice of New Jersey state law is not arbitrary or unfair. 63. The application of New Jerseys laws to each of the claims alleged by
the Class is also appropriate under New Jerseys choice of law rules. In particular, New Jersey law applies to the CFA claim under the most significant relationship test, and New Jersey law applies to the remaining claims under either the most significant relationship test or the government interest test. 64. New Jersey has significant contacts and/or a significant aggregation of
contacts to the claims asserted by Plaintiffs and all Class members. 65. New Jersey has a materially greater interest than any other State in
enforcing its laws with respect to the conduct of corporations located in and doing business principally in New Jersey. The application of New Jersey law to the
conduct of corporations based in New Jersey furthers strong fundamental public policies of the State of New Jersey. 66. Specifically, New Jerseys interest in this case and in regulating
conduct under its laws arise from, among other things, the following:
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SEAs headquarters and principal place of business are located in New Jersey;
SEA owns property and conducts substantial business in New Jersey; upon information and belief, SEA pays corporate income taxes to the State of New Jersey, giving New Jersey an interest (among other interests) in potential judgments affecting its revenue;
SEA receives in New Jersey the revenues generated by the sale of the Refrigerators;
New Jersey has an interest in deterring unlawful conduct on the part of its resident corporations;
the justified expectations of the parties would be best served by applying New Jersey law, since SEA is based in New Jersey;
some members of the proposed Class reside and/or purchased Refrigerators in New Jersey;
New Jersey is the State from which SEAs misconduct emanated. Upon information and belief, SEA became aware of the defect in, and its nondisclosure scheme was orchestrated from, the location of its present headquarters in New Jersey. SEAs marketing efforts relating to the Refrigerators were created and orchestrated from its headquarters in New Jersey. SEA also disseminated from its New

Filed 09/20/10 Page 27 of 45 PageID: 27
Whether Samsungs false and misleading statements of facts and concealment of material facts regarding the defect in the Refrigerators were likely to deceive the public;
Whether Samsungs acts and omissions violated the New Jersey CFA; Whether Samsung fraudulently concealed from and/or failed to disclose to Plaintiffs and the Class the defect in the Refrigerators;
Whether Samsungs conduct breached implied warranties; Whether Samsung has been unjustly enriched at the expense of Plaintiffs and Class members;
Whether Plaintiffs and Class members suffered any ascertainable loss of money or property as a result of the false promise or misrepresentation, or concealment, suppression or omission of material fact;
Whether Samsung should be declared financially responsible for notifying all Class members of the defective Refrigerators and for the costs and expenses of repair and replacement of all such defective components therein;
Whether Plaintiffs and Class members are entitled to recover damages, and if so, the amount of those damages;
Whether, as a result of Samsungs misconduct, Plaintiffs and the Class are entitled to equitable relief and other relief, and, if so, the nature of such relief;
Filed 09/20/10 Page 28 of 45 PageID: 28
Whether New Jersey law can be applied to the claims of Plaintiffs and the Class; and
Whether Samsungs actions were willful and malicious, or manifested knowing and reckless indifference and disregard toward the rights of Plaintiffs and the Class.
Typicality: Plaintiffs claims are typical of the claims of the members Plaintiffs and all Class members have been injured by the same

of the Class.

wrongful practices by Samsung. Plaintiffs claims arise from the same practices and course of conduct that give rise to the claims of the Class members and are based on the same legal and remedial theories. 75. Adequacy: Plaintiffs will fully and adequately assert and protect the
interests of the Class, and they have retained class counsel who are experienced and qualified in prosecuting class actions. Neither Plaintiffs nor their attorneys have any interests that are contrary to or conflicting with the Class. 76. Superiority: A class action is superior to all other available methods
for the fair and efficient adjudication of this lawsuit, because individual litigation of the claims of all Class members is not economically feasible and is procedurally impracticable. While the aggregate damages sustained by the Class are in the
millions of dollars, and are no less than five million dollars upon information and belief, the individual damages incurred by each Class member resulting from Samsungs wrongful conduct are too small to warrant the expense of individual suits. The likelihood of individual Class members prosecuting their own separate

characteristics, uses, benefits, or quantities that they did not have, and that its goods, merchandise and services were of a particular standard, quality or grade that they were not. 85. In its marketing and sale of the Refrigerators, Samsung undertook
active and ongoing steps to conceal the defects and has consciously withheld material facts from Plaintiffs and other members of the Class with respect to the defect in the Refrigerators. Plaintiffs are aware of nothing in Samsungs
advertising, publicity, or marketing materials that discloses the truth about the defect, despite Samsungs awareness, or reckless unawareness, of the problem. 86. Samsungs conduct was objectively deceptive and had the capacity to
deceive reasonable consumers under the circumstances. The fact that a defect in
Filed 09/20/10 Page 31 of 45 PageID: 31
the Refrigerators would cause the Refrigerators coils to ice over and prevent the Refrigerators fans from working to keep the machines cool, thereby posing safety risks to consumers, was a material fact that a reasonable and/or unsophisticated consumer would attach importance to at the time of purchase. This fact would influence a reasonable consumers choice of action during the purchase of their refrigerators. 87. Samsung intended that Plaintiffs and the other members of the Class
rely on its acts of concealment and omissions by purchasing the Refrigerators at full price rather than paying less for them or purchasing competitors refrigerators. 88. Had Samsung disclosed all material information regarding the defect
to Plaintiffs and other members of the Class, they would not have purchased the Refrigerators, or they would have paid less for them. 89. Samsungs conduct had an impact on the public interest because the
acts were part of a generalized course of conduct affecting numerous consumers. 90. As a result of the foregoing acts, omissions, and practices, Plaintiffs
and other members of the Class have suffered an ascertainable loss by purchasing defective refrigerators that are unable to perform their essential function of keeping food cool for their expected useful life and that present a risk to the safety of Plaintiffs and members of the Class, including through risk of food-borne illness. Plaintiffs have also incurred additional costs to repair and/or replace the Refrigerators, and/or losses and damages from food spoilage. Plaintiffs are entitled
Filed 09/20/10 Page 32 of 45 PageID: 32

to recover such damages, together with appropriate penalties, including treble damages, attorneys fees, and costs of suit. 91. Application of the CFA to all Class members, regardless of their state
of residence, is appropriate as described herein and because, inter alia: a) Samsung controlled and directed its nationwide sales operations and support operations from New Jersey; b) Samsungs United States marketing and customer support operations and decisions were made in New Jersey, Samsungs United States headquarters; c) Samsungs principal place of business in the United States is located in New Jersey; d) A significant percentage of Samsungs key United States employees are based in New Jersey; and e) The facts and circumstances of this case reflect numerous contacts with the State of New Jersey so as to create a state interest in applying the CFA to Samsung, thereby making application of New Jersey law to the entire Class appropriate. SECOND COUNT (Fraudulent Concealment/Nondisclosure) 92. Plaintiffs incorporate by reference the allegations contained in the
preceding paragraphs of this Complaint.
Filed 09/20/10 Page 33 of 45 PageID: 33
Samsung knew or was reckless in not knowing at the time of sale that
the Refrigerators are defective in that they are substantially certain to fail well in advance of their anticipated useful life. 94. Samsung fraudulently concealed from and/or intentionally failed to
disclose to Plaintiffs, the Class, and all others in the chain of distribution the true defective nature of the Refrigerators. 95. Samsung had exclusive knowledge of the defect at the time of sale.
The defect is latent and not something that Plaintiffs or Class members could, in the exercise of reasonable diligence, have discovered independently prior to purchase. 96. Samsung had the capacity to, and did, deceive consumers into
believing that they were purchasing refrigerators that could be used safely and practically to store and cool food. 97. Samsung undertook active and ongoing steps to conceal the defect.
Plaintiffs are aware of nothing in Samsungs advertising, publicity, or marketing materials that discloses the truth about the defect, despite Samsungs awareness of the problem. 98. The facts concealed and/or not disclosed by Samsung to Plaintiffs and
the Class are material facts in that a reasonable person would have considered them important in deciding whether or not to purchase (or to pay the same price for) a refrigerator.

Filed 09/20/10 Page 34 of 45 PageID: 34
Samsung had a duty to disclose the fact that a defect existed at the
time of sale by virtue of the fact that consumers would reasonably expect disclosure of the defect. 100. Samsung intentionally concealed and/or failed to disclose the problems
with the Refrigerators for the purpose of inducing Plaintiffs and the Class to act thereon. 101. Plaintiffs and the Class justifiably acted or relied upon the concealed
and/or non-disclosed facts to their detriment, as evidenced by their purchase of the Refrigerators and/or replacement parts for the Refrigerators. 102. Had Plaintiffs and the Class known of the defect they would not have
purchased (or would have paid less for) the Refrigerators. 103. As a direct and proximate cause of Samsungs misconduct, Plaintiffs
and Class members have suffered actual damages in that they bought and own refrigerators that contain an inherent defect and that have prematurely failed or are substantially certain to prematurely fail within and outside applicable warranty periods, and they will be required to incur costs to repair and/or replace the defective components or the Refrigerators as a whole. 104. Samsungs conduct has been and is wanton and/or reckless and/or
shows a reckless indifference to the interests of others. 105. Samsung has acted with malice by engaging in conduct that was and is
intended by Samsung to cause injury to the Plaintiffs and the Class.
Filed 09/20/10 Page 35 of 45 PageID: 35
Samsung has committed fraud through its concealment of material
facts known to Samsung with the intent to cause injury to the Plaintiffs and the Class. 107. Plaintiffs, on behalf of themselves and all others similarly situated,
demand judgment against Samsung for actual and punitive damages for themselves and each member of the Class, plus attorneys fees for the establishment of a common fund, interest, and costs. THIRD COUNT (Breach of Implied Warranties) 108. forth herein. 109. At all times relevant herein, Samsung was in the business of Plaintiffs incorporate the above allegations by reference as if fully set
manufacturing and selling refrigerators. 110. Samsung has brought itself into privity with Plaintiffs and the Class
members by warranting the Refrigerators to them directly and/or through the agency doctrine. 111. At all times relevant herein, Samsung impliedly warranted in a

allowable under applicable law; and 8. Such other relief as the Court may deem just and proper.
Filed 09/20/10 Page 40 of 45 PageID: 40

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury on all causes of action so triable.
DATED: September 20, 2010
____/s/ Michael Coren____ Christopher M. Placitella Michael Coren COHEN, PLACITELLA & ROTH, PC 127 Maple Avenue Red Bank, NJ 07701 Telephone: 215.567.3500 Fax: 215.567.6019 Mcoren@cprlaw.com J. Gordon Rudd, Jr. David M. Cialkowski Kirsten D. Hedberg ZIMMERMAN REED, PLLP 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402 Telephone: 612.341.0400 Fax: 612.341.0844 Gordon.Rudd@zimmreed.com David.Cialkowski@zimmreed.com Kirsten.Hedberg@zimmreed.com Jonathan D. Selbin LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudon St, 8th Floor New York, NY 10013 Telephone: 212.355.9500 Fax: 212.355.9592 jselbin@lchb.com
Filed 09/20/10 Page 41 of 45 PageID: 41
Kristen L. Sagafi Alison M. Stocking LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: 415.956.1000 Fax: 415.956.1008 ksagafi@lchb.com Attorneys for Plaintiffs
Filed 09/20/10 Page 42 of 45 PageID: 42

Exhibit A

Filed 09/20/10 Page 43 of 45 PageID: 43
Filed 09/20/10 Page 44 of 45 PageID: 44
Filed 09/20/10 Page 45 of 45 PageID: 45

INTERNET MAIL-IN REBATE FORM
SAMSUNG ENERGY-STAR APPLIANCE
Purchase a Qualifying Samsung Energy-Star Appliance Between $494 and $699
Receive $50 P.C Richard & Son Gift Card by Mail (offer # 2166) This product must be purchased at PCRichard.com
(VALID 1/6/11 to 1/29/11)
Step 1: To be completed by customer: Order #: ______________________________________________________________________ Name: ________________________________________________________________________ Phone # _______________________________________________________________________ Address: ______________________________________________________________________ City: _________________________ State: ____________________ Zip: _________________ Email Address:_________________________________________________________________ Model #:______________________________________________________________________ Serial #:_______________________________________________________________________ This offer cannot be combined with any other P.C. Richard & Son rebate or offer. Excludes: floor models and clearance items. Rebate merchandise must be received (picked up or delivered) within 30-days of the purchase date in order to meet the submission deadline. Step 2: Customer Rebate Instructions Please send completed INTERNET rebate form and copy of your EMAIL confirmation to:
P.C. Richard & Son Redemption Headquarters 200 Price Parkway Farmingdale, New York 11735
All information must be received within 30 days of receiving your order. Step 3: Customer should retain copy for future reference Allow 6-8 weeks for delivery of your rebate. Late redemptions will not be accepted. Not responsible for lost or misdirected mail. One rebate per purchase, per household. For questions concerning your rebate call (800) 957-4530

Qualifying Models

DMT300RFB DMT300RFS DMT300RFW DMT400RHS DMT800RHS DMT800RHW RB195ACBP RB195ACPN RB195ACWP RB197ABPN RB197ACPN RB197ACRS RB215ABPN RB215ACPN RB217ABWP RB217ACBP RB217ACPN RB217ACRS RB217ACWP RFG237AABP RFG237AAPN RFG237AARS RFG237AAWP RFG293HABP RFG293HARS RFG293HAWP RFG297AABP RFG297AAPN RFG297AARS RFG297AAWP RFG299ABRS RF197ABBP RF197ACBP RF197ACPN RF197ACRS RF197ACWP RF217ACBP RF217ACPN RF217ACRS RF217ACWP RF263AEBP RF263AEPN RF263AERS RF263AEWP RF266AEBP RF266AEPN RF266AERS RF266AEWP RF267AEBP RF267AEPN RF267AERS RF267AEWP RF4287HABP RF4287HARS RF4287HAWP RSG257AABP RSG257AAPN RSG257AARS RSG257AAWP RS261MDBP RS261MDRS RS261MDWP RS265TDWP RS267TDRS RS267TDWP WF210ANW WF219ANW WF220ANW WF409ANW WF410ANR WF410ANW WF419AAU WF419AAW WF448AAP WF448AAW WF520ABP WF520ABW