Category Archives: Lawsuit

Phonegate: Quebec Court of Appeal Confirms Class Action Against Apple and Samsung – September 18, 2024

(click on photo to enlarge) – https://phonegatealert.org/en/cour-appel-quebec-confirm-collective-action-apple-samsung/

On 18/09/2024, the Canadian courts confirmed that Apple and Samsung would have to answer for the lack of information on the potential health risks of their phones.

This important decision denounces the manufacturers’ silence on potential dangers, and is part of the “Phonegate” scandal which has already led to 54 cell phone models in France being withdrawn from the market or updated, including the iPhone12 in 2023.

What are the financial and reputational stakes for the 2 Tech giants? To find out more, read our press release and access the decision.

[To learn more:

Full decision of the Quebec Court of Appeal in cases 500-09-030262-224 (Samsung Electronics Canada et al. v. Tracey Arial et al.) & 500-09-030263-222 (Apple Canada inc. et al. v. Tracey Arial et al.)
First instance decision in the class action against Apple and Samsung
File on the case of Cohen v. Apple Inc. in the United States]

 

It’s time to act to protect our health! Thank you for spreading the word.

To support us, please donate

Please sign our iPhone 12 petition. So let’s continue to send a strong message to the giant Apple that these iPhones really do protect users’ health and safety. Next target 15,000 and more.

Thank you for helping us spread this message as widely as possible.

The Phonegate Alert Team

Court of Appeal of Quebec https://courdappelduquebec.ca/en/judgments/  &

https://courdappelduquebec.ca/en/judgments/details/samsung-electronics-canada-c-arial/

Website to find all Decisionshttps://citoyens.soquij.qc.ca/translations.php

(video 03:46) J T 19h45 M6 12 09 2024 Des ondes sans danger ? [in French with Transcript] – https://www.youtube.com/watch?v=4UaUde3NS_E

https://phonegatealert.org/en/resources/sar-calculator/

https://phonegatealert.org/en/unsafe-canadian-cell-phones/

https://phonegatealert.org/en/phonegate-denmark-first-withdrawal-of-a-smartphone-razer-phone-2-and-intervention-of-the-health-authorities/

https://phonegatealert.org/en/list-of-mobile-phones-with-non-compliant-sars-removed-or-updated-in-france/

https://phonegatealert.org/en/press-release-revelation-of-the-chicago-tribune-on-the-tests-of-the-most-popular-cell-phones-in-the-united-states/

https://phonegatealert.org/en/donation/

Petition https://www.change.org/p/ms-el%C5%BCbieta-bie%C5%84kowska-protect-the-health-of-millions-of-mobile-phone-users

BookPHONEGATE: Overexposed and deceived-What the cell phone industry doesn’t want you to know – Paperback – May 24, 2022 by Dr Marc Arazi  – https://www.amazon.com/dp/2958316904

 

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

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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/

 

Saving the Planet – Next Step by Arthur Firstenberg – Cell Phone Task Force – May 03, 2022

https://www.cellphonetaskforce.org/wp-content/uploads/2022/05/Saving-the-Planet-1.pdf

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The Earth is dying before our eyes. Most insects — bees, butterflies, crickets, spiders — have already disappeared, even from rainforests and protected nature areas. Titmice, sparrows, and other small birds no longer grace our yards and bird feeders. Our lakes and ponds starve for frogs and salamanders. Our forests are no longer net producers of oxygen. Our oceans may soon contain more plastics than fish.

The most surprising thing about the responses to my request for an administrative assistant was not that 154 people applied for the job, but that almost all of them called me from a cell phone. That revealed not only how much ground we have lost in the past 26 years, but the enormous obstacles looming before us in our quest for real change — change that must happen fast enough and be widespread enough to ensure that babies born today will still have a planet to live on when they turn ten.

Of the many assaults on the atmosphere, oceans, forests, wildlife, and human life, the cell phone is unique. It is unique because it is destroying the Earth faster than any other threat — faster than fossil fuels, pesticides, radioactivity, plastics, or any other assault. And because the pollution it emits — radio frequency (RF) radiation — is the only pollutant that is being spread everywhere deliberately and not inadvertently: in order for a cell phone to work when you want it to, every square inch of the Earth must be heavily irradiated at all times.

The manufacture of cell phones relies on:                                                          • child slavery in the Democratic Republic of Congo                                       • genocide against the indigenous people of the Ituri forest                      • extermination of the lowland gorilla

Cell phones contain:                                                                                                         • dozens of toxic metals, and                                                                                       • hundreds of toxic chemicals

Cell phone manufacture, wherever it occurs, produces:                           • massive groundwater pollution

Cell phone radiation today is the cause of most:                                           • heart disease,                                                                                                                    • diabetes, and                                                                                                                     • cancer

The 15 billion cell phones in the world, together with the 7 million cell towers, are the biggest cause of:                                                                     • the disappearance of insects                                                                                   • the decimation of bird populations                                                                      • the extinction of amphibian species                                                                    • the dying of forests

These facts must become known — known to the public, to mainstream medicine, and to mainstream environmental organizations campaigning to save insects, birds, wildlife, forests, oceans, and atmosphere. And getting rid of one’s cell phone must quickly change from “impossible” to routine and widespread. The reasons for it are more compelling than the reasons so many lifestyle changes that once seemed “impossible” became routine and widespread, worldwide, during the pandemic….

continued:  https://www.cellphonetaskforce.org/wp-content/uploads/2022/05/Saving-the-Planet-1.pdf

 

 

 

 

Organizations from 34 States and 29 Countries Join Amicus Brief to U.S. Supreme Court – November 23, 2021

(click on photo to enlarge) – https://www.cellphonetaskforce.org/wp-content/uploads/2021/11/Organizations-worldwide-sign-amicus-brief-to-U.S.-Supreme-Court.pdf

….You can read all of the filed documents on the Supreme Court’s website: the petition we filed on October 25, 2021; the amicus brief that was filed on November 23, 2021 in support of our petition; and the list of all the amici.

We have about one and a half months to circulate these three documents far and wide, in order to get publicity and widespread support from around the world, before our petition goes before the Supreme Court for consideration. We want the general public to start talking about our petition, so that the Supreme Court hears about it from many sources, and knows that it is important. The Petitioners are Santa Fe Alliance for Public Health and Safety, Arthur Firstenberg, and Monika Steinhoff. The Respondents are the City of Santa Fe, the Attorney General of New Mexico, and the United States of America. The Respondents have until December 29, 2021 to answer our petition. We then have until January 12, 2022 to reply to them. The petition then goes to the Court for its consideration, to decide whether or not to hear our case.

Please forward the three documents
the petition the amicus brief,  and  the list of all the amici —  to everyone you know.

https://www.cellphonetaskforce.org/wp-content/uploads/2021/11/Organizations-worldwide-sign-amicus-brief-to-U.S.-Supreme-Court.pdf

Click to access Organizations-worldwide-sign-amicus-brief-to-U.S.-Supreme-Court.pdf

US Federal Court Orders FCC to Explain Why It Ignored Scientific Evidence Showing Harm from Wireless Radiation – August 16, 2021

  (click on photos to enlarge)

Read more – https://childrenshealthdefense.org/defender/chd-wins-case-fcc-safety-guidelines-5g-wireless

5G – Unsafe , Uninsurable and Expensive – If insurance companies won’t take the risk, why should we? – Environmental Health Trust

(click on photo to enlarge)

Former CDC Scientist Issues Report – Strong Evidence That Cell Phone Radiation Causes Cancer

“the evidence on an association between cellular phone use and the risk of glioma in adults is quite strong.”

Christopher Portier PhD – A retired U.S. government scientist who served as Director of the United States National Center for Environmental Health at the Centers for Disease Control and Prevention (CDC) and the Director of the Agency for Toxic Substances and Disease Registry….

More Legal News: Major Wins in US Courts Allow Disability Discrimination Cases to Proceed and New Brain Cancer/Cell Phone Lawsuit Launched

 

 

The Flames of Progress by Arthur Firstenberg – March 07, 2020

From: “Arthur Firstenberg” <info@cellphonetaskforce.org>
Sent: March 7, 2020
Subject: Legal update; Decline in bat populations; Help needed

www.cellphonetaskforce.org/wp-content/uploads/2020/03/The-Flames-of-Progress.pdf

THE FLAMES OF PROGRESS

I have been entrusted with the International Appeal to Stop 5G on Earth and in Space, but I find myself bewildered — bewildered by the devastation around me; by the destruction of the cathedral of life into which I was born; by the silencing of the songs of the fifty million other species with whom I was raised; by the failure of my fellow human beings to care or to notice. How can they not miss their brothers and sisters? How can they not miss the magnificent symphony? How is it possible?

“The oceans are dying,” wrote Jacques Cousteau in 1970. “Can anyone believe it is possible,” wrote Rachel Carson in 1962, “to lay down such a barrage of poisons on the surface of the earth without making it unfit for all life?” “I have seen too much,” said microwave researcher Allan Frey in 1969, explaining why he did research on animals and not humans. “I do not feel that I can take people into these fields and expose them and in all honesty indicate to them that they are going into something safe.”

Yet here we are half a century later: there will soon be more plastics than fish in the oceans, the world uses four times more pesticides per year than in 1962, and five billion people are holding open sources of microwave radiation in their hands.

The Earth is burning, yet no firefighters come. In the face of certain catastrophe, everyone is going about their business as if everything is fine, as if by magic the synthetic fibers in our clothing and the rubber tires on our automobiles will stop becoming microplastics in the sea; as if the few insects left in the world will magically escape the pesticides that we apply to our lawns and the radiation from the cell phones into which we speak. Everyone is still going about their business as if everything is fine. Isn’t it time that we stop? And since the most immediate threat to life comes from our cell phones, isn’t it time to throw them away?

….

A worldwide organization needs to be created, whose members do not own cell phones, whose purpose is to end the use of cell phones on Earth.

For most people this seems like an impossibility, but that is because they do not remember that only 25 years ago almost no one owned a cell phone, and that young people did not get cancer, diabetes, heart attacks and strokes like they do today. And the air was full of butterflies and birds, and the streams were full of tadpoles and frogs. It is because no one has explained to them what radiation is. No one would willingly use a radioactive phone, but that is essentially what everyone is doing. Radio waves and gamma rays are only two ends of a continuous spectrum; they are essentially the same phenomenon and have the same disastrous effects on our bodies and our planet.

The train that we are on is a train to nowhere. On either side, through the windows, can be seen insects, and birds, and frogs, and if we listen we can hear them buzzing, chirping, and croaking.

Please contact me if you would like to participate in the creation of an organization that will get us off this train.

Arthur Firstenberg
P.O. Box 6216
Santa Fe, NM 87502
USA
phone: +1 505-471-0129
info@cellphonetaskforce.org
https://www.5gSpaceAppeal.org

A pdf of this [complete] newsletter is available here:  www.cellphonetaskforce.org/wp-content/uploads/2020/03/The-Flames-of-Progress.pdf

[Press release] The Court of Appeal of Turin (Italy) confirms the link between a head tumour and mobile phone use by Phonegate Alert – January 15, 2020

(click on photo to enlarge)

Published The January 15, 2020
Dear supporters,

This decision of the Court of Appeal of Turin is historic!
https://www.phonegatealert.org/en/the-court-of-appeal-of-turin-confirms-the-link-between-a-head-tumour-and-mobile-phone-use

(….This is the second Italian appeal judgment in favour of a worker after the Brescia judgment in 2010, which concluded with the confirmation of the Supreme Court in 2012, case of Marcolini v. INAIL.

In this case, the Court of Bergamo had rejected the application in first instance.

A landmark judgment that will have international repercussions

The Romeo v. INAIL case is therefore historic. It is the first in world judicial history to have had two consecutive judgments in favour of the plaintiff. It is also historic because of the principles underlying this decision and particularly because it is written about the conflicts of interest of certain experts close to the mobile phone industry.

Conflicts of interest and the role of the ICNIRP pinpointed by the Tribunal

Indeed, the Tribunal recognizes that telephone industry-funded scientists, or members of the ICNIRP, are less reliable than independent scientists: ….)

Thank you for relaying it as widely as possible.

The Phonegate Alert Team
To learn more on the same subject:

Italy: a landmark judgment requires the state to inform the population of the health risks due to mobile phones

Mobil World Congress: industrialists and public authorities urged to take into account the health effects of mobile technologies (video of Stefano Bertone)

Phonegate Alert invited to the International conference Stop 5G at the Italian Parliament

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Copyright © Alerte Phonegate Tous droits réservés.
Adresse mail contact: contact@phonegatealert.org

 

 

Phonegate Scandal: Environmental Health Trust and Phonegate Alert Call for Congressional Hearings on Illegal Phone Radiation – January 12, 2020

(click on photo to enlarge)

Published the January 12, 2020
In a joint letter, Environmental Health Trust (EHT) and Phonegate Alert (AP) called on congressional leaders to end the failure of the Federal Communications Commission (FCC) to provide appropriate ways to test cellphones and to recall the millions of devices that French government and other independent assessments find emitting excessive levels of radiation.The letter included a report, “Background and facts documenting Phonegate,” detailing numerous serious shortcomings of the FCC.

The letter is supported by President of Consumers for Safe Cell Phones, Cindy Franklin, and the California Brain Tumor Association, Ellen Marks, who join in demanding that investigations be launched to shed light on this widespread industrial deception and its consequences for the health of millions.

Recent FCC position papers show how the US telecom regulator does not make its decisions with the necessary neutrality with regard to public health issues.

Read the complete Press release
https://www.phonegatealert.org/en/phonegate-scandal-environmental-health-trust-phonegate-alert-call-for-congressional-hearings

Please share widely,
The Team

BREAKING NEWS: MAJOR VICTORY! Enact the “Cell Phone Right-to-Know” Law in Your Community!

(click on photo to enlarge)

https://www.5gcrisis.com/post/u-s-supreme-court-rejects-ctia-challenge-to-berkeley-cell-phone-right-to-know-law

Yesterday, the U.S. Supreme Court let stand the 9th Circuit Court of Appeals’ decision to uphold the City of Berkeley, California’s “Cell Phone Right-to-Know” law. This law requires mobile phone retailers to warn consumers at the point of sale that carrying mobile phones in pockets and bras could present radiation health risks.

So today, we’re asking you to send the sample municipal law (below) to your town, city or county elected officials. Let’s take advantage of this great 9th Circuit victory over the cell phone industry by enacting this same “Right-to-Know” law in thousands of communities across America. (Note: You must use the identical language contained in the City of Berkeley’s law printed below to fall within the 9th Circuit ruling.)  
 
Kudos to Dr. Joel Moskowitz and Ellie Marks for spearheading this effort for a total of 10 years, and to Professor Lawrence Lessig who helped shape the legal arguments that beat the industry!

SAMPLE CELL PHONE RIGHT-TO-KNOW LAW

The (town, city or county) of ______________ requires that you be provided the following notice:

“To assure safety, the Federal Government requires that cell phones meet radio-frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal safety guidelines for exposure to RF radiation.

“Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

Thank you for fighting the good fight with us. Together we can win.

-The 5G Crisis Team

Donate – https://www.5gcrisis.com/donate

Contact us:
Email report@5gcrisis.com
Call 516-883-0887