By Brandon Glenn
CHICAGO—A California man is suing Motorola Inc., alleging the cellular phone maker knew its wireless Bluetooth headsets could cause “serious hearing loss” and failed to warn customer of the potential dangers.
The suit, which seeks class-action status, was filed earlier this month in U.S. District Court in Chicago.
The headsets that are the subject of the suit utilize Bluetooth radio technology, which permits wireless communication between two devices—in this case a cellular phone handset and headset that users wear on their ears.
Motorola had “actual and constructive knowledge” that its headsets “posed a serious risk of harm to consumers from noise-induced hearing loss during the headsets’ normal and intended use,” the suit alleges.
A Motorola spokeswoman declined to comment earlier this month on the pending litigation.
The complaint was filed by Chicago law firm Segal McCambridge Singer & Mahoney Ltd. on behalf of Martin Alpert, who bought one of the headsets. The suit alleges that Alpert has “suffered injury” as a result of Motorola’s “conduct,” but does not specify the nature or extent of the injury.
The suit alleges that Motorola’s headsets produce sounds that exceed 85 decibels, and sometimes as much as 100 decibels, and the user has no way of determining the decibel level at a given time.
The National Institute of Deafness and Other Communication Disorders says “prolonged exposure” to a noise more than 85 decibels can cause gradual hearing loss, according to its Web site. The institute, part of the National Institutes of Health, lists “heavy traffic” as an example of something that generates about 85 decibels of noise.
In seven pages of safety information that accompany the phone, Motorola does not mention the decibel level associated with the device or the potential for noise-induced hearing loss, the lawsuit alleges. Furthermore, the suit says Motorola made “false representations, omissions and concealments” in its packaging by not highlighting the hazard.
The headsets can also be used with phones that play music, putting users at greater risk for hearing damage, according to the suit.
The number of people that would be eligible to participate in the lawsuit is unknown, but the complaint estimates that number in the “tens of thousands.” Anyone who purchased a Bluetooth headset manufactured by Motorola in the last four years would be eligible to join the suit, according to the complaint.
The suit seeks unspecified damages for the class members. Additionally, it seeks an injunction preventing Motorola from selling the headsets without a warning to consumers about the potential to cause hearing loss and without a mechanism for users to determine decibel levels produced by the headset.
In 2002, a federal judge dismissed an $800 million lawsuit that alleged cell phone use caused a Maryland physician’s brain cancer. The suit was filed against Motorola and Verizon Communications Inc.
Brandon Glenn is a reporter for Crain’s Chicago Business, a sister publication to RCR Wireless News. Both publications are owned by Crain Communications Inc.
