EVGA

Phone Replacement Warranty/Upgrade/Legal Questions

Author
ty_ger07
Insert Custom Title Here
  • Total Posts : 21171
  • Reward points : 0
  • Joined: 2008/04/10 23:48:15
  • Location: traveler
  • Status: offline
  • Ribbons : 270
2014/11/01 14:00:04 (permalink)
I am in a weird position.  I have a Samsung Galaxy S4 phone which I have owned for 13 months.
 
The issues:
 
1) The proximity sensor hasn't worked for approximately six months.  What I mean is: when I make or answer a call, the screen won't turn on when I remove the phone from my face.  This means that I can't "press 2 to blah blah blah" and so forth.  It's a very annoying problem; but I didn't replace the phone earlier.
 
2) The GPS has started to become very flaky. It will lose my position pretty often and won't find it until I exit all apps/reset GPS/restart phone.
 
The kicker:
 
I can't get my phone replaced since it is one month past its 1-year warranty.  Apparently, I should have replaced it right away when I started having issues.  Now, I either have to pay a $100 deductible to get a replacement phone through insurance (even though I have not caused the phone to be damaged) or buy a phone upgrade and go through all that mess and fees and added expense/annoyance.
 
The question:
 
How can a phone service provider hold you responsible on a 2-year contract for a phone with only a 1-year warranty?  If my phone died completely, I would have to keep on paying the bill for the remainder of the 2-year contract -- even if I had no phone to use.  Why do I have to buy a new phone upgrade or pay for a defective phone replacement while I am still in the contract?  How is that even legal!??!  Shouldn't the phone's warranty be for the same length as the contract? Is Verizon Wireless completely blind?  Or do they purposely rig it this way to make more money?
 
I understand why I would be responsible for the expense if I had broken the phone.  But I didn't break the phone.  It is simply defective/non-functioning.  Shouldn't the phone coverage be for the length of the contract?  If the contract doesn't provide me with a phone, what is the purpose of the contract?  Otherwise, I should have just bought the phone outright (retail price) from the start without a contract.  This is ridiculous!
 
In summary:
 
I pay full price on the contract (over the life of the contract) for the privilege of being able to use a phone for only half of the contract?  What?
Does anyone have a legal view on this matter?
 
Thank you for your advise and opinions.
post edited by ty_ger07 - 2014/11/01 14:18:03
#1

20 Replies Related Threads

    RainStryke
    The Advocate
    • Total Posts : 15872
    • Reward points : 0
    • Joined: 2007/07/19 19:26:55
    • Location: Kansas
    • Status: offline
    • Ribbons : 60
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 15:00:39 (permalink)
    Have you all ready done a factory data reset? My GS4 would do stuff like that, but that would fix it. Certain apps I would add to my phone would effect the GPS in different ways. Sometimes it wouldn't work... sometimes it would work, but it was really slow and wouldn't let me hit certain buttons.

    Main PC | Secondary PC
    Intel i9 10900K | Intel i7 9700K

    MSI MEG Z490 ACE | Gigabyte Aorus Z390 Master
    ASUS TUF RTX 3090 | NVIDIA RTX 2070 Super
    32GB G.Skill Trident Z Royal 4000MHz CL18 | 32GB G.Skill Trident Z RGB 4266MHz CL17
    SuperFlower Platinum SE 1200w | Seasonic X-1250
    Samsung EVO 970 1TB and Crucial P5 1TB | Intel 760p 1TB and Crucial MX100 512GB
    Cougar Vortex CF-V12HPB x9 | Cougar Vortex CF-V12SPB-RGB x5
     
    3DMark Results:Time Spy|Port Royal

    #2
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 15:11:00 (permalink)
    I never tried a factory reset because I was afraid of losing my data.  But I did call Verizon Wireless technical support and exhausted all of the solutions provided.
    #3
    Clergy
    CLASSIFIED Member
    • Total Posts : 2291
    • Reward points : 0
    • Joined: 2008/12/27 14:45:40
    • Location: In A "Texas Flood"
    • Status: offline
    • Ribbons : 5
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 16:31:20 (permalink)
    I know it isn't what you want to hear but Verizon is under no obligation to provide you with a working replacement outside the warranty that Samsung provides you. Depending on your contract Verizon sold you your phone at a subsidized price for signing the 2 year agreement. They did this knowing they would make up their investment over your two year agreement. You should have gotten a replacement as soon as you began having issues. My best suggestion would be to do as Rain suggested and do a factory reset on your phone to see if that remedies any of your current issues. You have no legal grounds to terminate your contract early.   


    #4
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 16:42:56 (permalink)
    If you have no working replacement, what does your contract provide you with?  My phone insurance is not through Verizon Wireless.  The insurance is from an third party who I am paying directly to protect against loss or damage (not intended to be used for defects!).  Which means, if I have no replacement phone and my current phone doesn't work, what is my contract for?  What am I paying for?  What is Verizon contractually obligated to provide me with?  Nothing?  I am paying them to provide me with nothing?  I have a contract with them and am paying them.  I am the consumer.  They are supposed to be serving me and fulfilling the contract.  .. Not the other way around!
     
    My contract rights (joke):
    I am contractually obligated to ensure that my phone bill is paid throughout the entire contract period.
    I am contractually obligated to ensure that my phone works throughout the contract period.
    If my phone does not work properly for any reason during the contract period, Verizon has no obligation to do anything.
    If every one of Verizon's satellite dishes and network connections blow up and not a single Verizon customer has service anywhere in the world, Verizon has no obligation to fix their service.
    In the event that the above happens, Verizon will collect all payments throughout the remainder of customers' contract period, slowly lay off their Verizon employees, and will go out of business once every last contract is fulfilled.
     
    If I purchase a phone upgrade through Verizon to replace my defective phone, Verizon voids my current contract and I have to sign up for a new contract.  It seems like Verizon has complete control over the customer and are there to take money any way they can, in all situations possible.  The contract only serves Verizon.  How did we ever get lulled into accepting this?  We don't hire contractors for anything else in our lives and expect this sort of disservice.
     
    Are they completely blind to see how this hurts their customers?  Verizon should ensure that the device they are providing is covered against defects for the length of the contract.  It should not be the customers' responsibility to purchase an extended warranty.  It's a disservice and shouldn't be considered acceptable by the consumer.  If the device does not have a manufacturer's warranty for the entire contract period, Verizon should be obligated to purchase an extended warranty to ensure that the device they are contractually offering to their customer is covered against manufacturer defects for the entire contract period.  It's the least they could do considering that they have complete control over screwing over their customer in all other respects.  If they are providing a service, the least they possibly could do is ensure that the customer is able to use the service -- as long as the customer uses the service appropriately and is not the one who causes any service interruption.
    post edited by ty_ger07 - 2014/11/01 17:07:03
    #5
    RainStryke
    The Advocate
    • Total Posts : 15872
    • Reward points : 0
    • Joined: 2007/07/19 19:26:55
    • Location: Kansas
    • Status: offline
    • Ribbons : 60
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 16:48:36 (permalink)
    Backup your data and do a factory reset, it will probably fix most of your issues.

    Main PC | Secondary PC
    Intel i9 10900K | Intel i7 9700K

    MSI MEG Z490 ACE | Gigabyte Aorus Z390 Master
    ASUS TUF RTX 3090 | NVIDIA RTX 2070 Super
    32GB G.Skill Trident Z Royal 4000MHz CL18 | 32GB G.Skill Trident Z RGB 4266MHz CL17
    SuperFlower Platinum SE 1200w | Seasonic X-1250
    Samsung EVO 970 1TB and Crucial P5 1TB | Intel 760p 1TB and Crucial MX100 512GB
    Cougar Vortex CF-V12HPB x9 | Cougar Vortex CF-V12SPB-RGB x5
     
    3DMark Results:Time Spy|Port Royal

    #6
    Clergy
    CLASSIFIED Member
    • Total Posts : 2291
    • Reward points : 0
    • Joined: 2008/12/27 14:45:40
    • Location: In A "Texas Flood"
    • Status: offline
    • Ribbons : 5
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:03:08 (permalink)
    The only thing that a contract from a wireless provider guarantees you is that the monthly cost will be the same for the full term of the specified time, and that your features will not change. Other than that it can get you your phone at a discount. You mentioned that you had insurance from a 3rd party. If that is a service you are still paying for and is up to date than talk to them regarding a replacement.  


    #7
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:08:17 (permalink)
    Clergy
    You mentioned that you had insurance from a 3rd party. If that is a service you are still paying for and is up to date than talk to them regarding a replacement. 



    Yes, but I would have to pay a $100 deductible -- as stated in the first post -- and the insurance is intended to protect against loss and damage (not defects).
    #8
    Clergy
    CLASSIFIED Member
    • Total Posts : 2291
    • Reward points : 0
    • Joined: 2008/12/27 14:45:40
    • Location: In A "Texas Flood"
    • Status: offline
    • Ribbons : 5
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:22:17 (permalink)
    It's your only option at this point. You said you began having issues inside Samsung's warranty. I'm looking at your situation as an unbiased party. I agree that larger businesses conduct themselves relative to bottom dollar rather than customer satisfaction but again this is not Verizon's fault. You can try to take it up with Samsung, but your best bet is your 3rd party insurance.   


    #9
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:22:45 (permalink)
    RainStryke
    Backup your data and do a factory reset, it will probably fix most of your issues.



    Thank you for the advice.
     
    For the purpose of this thread, I would like to focus discussion on the gross lack of any commitment or feeling of responsibility towards the customer on the part of the service provider.
    #10
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:25:37 (permalink)
    Clergy
    It's your only option at this point. You said you began having issues inside Samsung's warranty. I'm looking at your situation as an unbiased party. I agree that larger businesses conduct themselves relative to bottom dollar rather than customer satisfaction but again this is not Verizon's fault. You can try to take it up with Samsung, but your best bet is your 3rd party insurance.

    Unfortunately, I assumed -- as any reasonable human being would also do -- that Verizon would replace the defective device at any time during the contract period.  I had no idea that the phone only had a 1-year manufacturer's warranty.  I sure wish someone at Verizon would have told me this when I spent hours on the phone trying to diagnose the issue.  I assumed that Verizon would serve the customer at least to the point of ensuring that the device they provided their customer would either work or be repaired/replaced during the contract period as long as any issue was not a result of neglect on the customer's part.
     
    This is pretty much true then?

    My contract rights (joke):
    I am contractually obligated to ensure that my phone bill is paid throughout the entire contract period.
    I am contractually obligated to ensure that my phone works throughout the contract period.
    If my phone does not work properly for any reason during the contract period, Verizon has no obligation to do anything.
    If every one of Verizon's satellite dishes and network connections blow up and not a single Verizon customer has service anywhere in the world, Verizon has no obligation to fix their service.
    In the event that the above happens, Verizon will collect all payments throughout the remainder of customers' contract period, slowly lay off their Verizon employees, and will go out of business once every last contract is fulfilled and every last penny has been deposited into the bank accounts of the remaining highest-ranking positions within the company.

     
    I pay them for the honor of getting the least amount of support possible and for the reassurance that they will try to get every extra penny out of me that they possibly can; and the contract is there to ensure that I remember that I once thought this was an honor.
    post edited by ty_ger07 - 2014/11/01 17:39:34
    #11
    Bobmitch
    Omnipotent Enthusiast
    • Total Posts : 8327
    • Reward points : 0
    • Joined: 2007/05/07 09:36:29
    • Status: offline
    • Ribbons : 47
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 17:39:12 (permalink)
    I was in the same boat with AT & T and my HTC One X.  After 14 months, the mic stopped working, so the only way I could call was to use Bluetooth or speaker phone (different mic).  Then it started rebooting by itself.  My only recourse was to upgrade (which meant changing my plan and paying MORE per month)...or purchasing a new phone.  So I straight out bought an LG G2.  Tried the refresh and save data...didn't fix the hardware.  Maybe yours might...try that first...

    MSI MAG X570 Tomahawk;  Ryzen 9 5950X; Asus TUF RTX 4070 TI OC; Corsair H115i Pro; 32 GB  Crucial Ballistix Elite DDR4-3600; Western Digital Black 4 TB SN850X NVMe; Creative SoundBlaster Z; Corsair HX 850i;  Lian Li Lancool II;  EVGA Z15
    RGB Keyboard; and Razer Viper 8K Mouse
    Heatware:  http://www.heatware.com/eval.php?id=72402    Affiliate code: 1L2RV0BNQ6                                          
    Associate Code:  UD82LJP3Y1FIQPR
     


    #12
    RainStryke
    The Advocate
    • Total Posts : 15872
    • Reward points : 0
    • Joined: 2007/07/19 19:26:55
    • Location: Kansas
    • Status: offline
    • Ribbons : 60
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 18:05:22 (permalink)
    I always cancel my phone insurance after about the first 6 months, cause the deductible over top of a 8-10 dollar fee per month are not worth it after that. You are pretty much just giving the company money at that point. For example... Your situation. You have to pay $100 deductable for the phone, over top of the $100 or so you've all ready paid through monthly fee's to maintain your phone insurance. So now, you are paying $200 for a replacement phone that you could get for $160 on craigslist. Another thing they don't point out is, most of the time that replacement phone is refurbished. It's a whole load of crap. They contract out the insurance plans and the insurance companies are focused on profit like they should be. But to expect Verizon to give you a device to utilize all of the features on your plan is like expecting your Internet company to provide you with a desktop.
     
    You can contact Verizon, ask to speak to a retention specialist to see if they can assist with your issue and hope they are willing to work with you and maintain you as a customer. You have the option to switch to another provider, many of them are buying out contracts to gain customers... So you have that option.
     

    Main PC | Secondary PC
    Intel i9 10900K | Intel i7 9700K

    MSI MEG Z490 ACE | Gigabyte Aorus Z390 Master
    ASUS TUF RTX 3090 | NVIDIA RTX 2070 Super
    32GB G.Skill Trident Z Royal 4000MHz CL18 | 32GB G.Skill Trident Z RGB 4266MHz CL17
    SuperFlower Platinum SE 1200w | Seasonic X-1250
    Samsung EVO 970 1TB and Crucial P5 1TB | Intel 760p 1TB and Crucial MX100 512GB
    Cougar Vortex CF-V12HPB x9 | Cougar Vortex CF-V12SPB-RGB x5
     
    3DMark Results:Time Spy|Port Royal

    #13
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/01 19:20:16 (permalink)
    RainStryke
    But to expect Verizon to give you a device to utilize all of the features on your plan is like expecting your Internet company to provide you with a desktop.

     
    I never thought of it that way.  I thought of it as a package deal since they sell the phone and the service together.
     

    You can contact Verizon, ask to speak to a retention specialist to see if they can assist with your issue and hope they are willing to work with you and maintain you as a customer.



    I think I may have made some progress in this direction.
    #14
    lenfish
    New Member
    • Total Posts : 93
    • Reward points : 0
    • Joined: 2006/08/17 13:19:46
    • Status: offline
    • Ribbons : 0
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/02 11:43:27 (permalink)
    2 year warranty in the UK on S4 contract phones. Makes a change for us not to be the ones being ripped off!
    #15
    Holo
    CLASSIFIED Member
    • Total Posts : 3328
    • Reward points : 0
    • Joined: 2009/08/23 10:48:22
    • Status: offline
    • Ribbons : 4
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/02 13:12:36 (permalink)
    lenfish
    2 year warranty in the UK on S4 contract phones. Makes a change for us not to be the ones being ripped off!


    Thank the EU for that. They require 24 month warranty on electronics. In the US, they are only required by law to provide 12mo.


      


    #16
    rjohnson11
    EVGA Forum Moderator
    • Total Posts : 102260
    • Reward points : 0
    • Joined: 2004/10/05 12:44:35
    • Location: Netherlands
    • Status: online
    • Ribbons : 84
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/02 13:21:42 (permalink)
    Yes a 12 month warranty in the US is weak. Unfortunately if your phone should fail after the 12 months there is nothing you can do. In the EU 24 month contracts with a new phone come with 2 years warranty.

    AMD Ryzen 9 7950X,  Corsair Mp700 Pro M.2, 64GB Corsair Dominator Titanium DDR5  X670E Steel Legend, MSI RTX 4090 Associate Code: H5U80QBH6BH0AXF. I am NOT an employee of EVGA

    #17
    rjohnson11
    EVGA Forum Moderator
    • Total Posts : 102260
    • Reward points : 0
    • Joined: 2004/10/05 12:44:35
    • Location: Netherlands
    • Status: online
    • Ribbons : 84
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/02 13:24:03 (permalink)
    My advice to you would be to buy a good unlocked phone replacement. You can find very good phones at sites like alibaba and so forth.
     

    AMD Ryzen 9 7950X,  Corsair Mp700 Pro M.2, 64GB Corsair Dominator Titanium DDR5  X670E Steel Legend, MSI RTX 4090 Associate Code: H5U80QBH6BH0AXF. I am NOT an employee of EVGA

    #18
    JustinHEMI
    SSC Member
    • Total Posts : 886
    • Reward points : 0
    • Joined: 2009/02/13 12:36:41
    • Location: Pittsburgh, PA
    • Status: offline
    • Ribbons : 2
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/11/02 14:24:31 (permalink)
    ty_ger07
    RainStryke
    Backup your data and do a factory reset, it will probably fix most of your issues.



    Thank you for the advice.
     
    For the purpose of this thread, I would like to focus discussion on the gross lack of any commitment or feeling of responsibility towards the customer on the part of the service provider.


    They are providing you the agreed upon service. They're under no obligation to provide you anything else. The warranty is between you and Samsung, not Verizon.

    That said, if you politely raise your concerns, they may still help you out.

    Justin
    post edited by JustinHEMI - 2014/11/02 14:27:56

    | Intel i7 12900KS | Asus Z690 ROG Strix | EVGA RTX 3080 Ti FTW3 |
    | 32gb G Skill DDR5 6000C36 | EVGA SuperNova G6 1000 | 1TB Samsung 980/970 M.2s | 
    Sennheiser DAC/AMP | Fractal Design Torrent | Arctic Liquid Freezer 420 | Asus PG278QR |
    Sennheiser HD660s | Asus ROG Strix TKL | Logitech G502 Lightspeed |


    #19
    ty_ger07
    Insert Custom Title Here
    • Total Posts : 21171
    • Reward points : 0
    • Joined: 2008/04/10 23:48:15
    • Location: traveler
    • Status: offline
    • Ribbons : 270
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/12/21 13:41:03 (permalink)
    Here's an update:
     
    I was able to replace the phone under warranty through Verizon.  I was able to convince them that as a long-time customer in good standing, I believed that I deserved a warranty replacement on a defective phone in order to continue my service through them.
     
    I received a replacement phone.  It was bad.  It kept freezing and rebooting randomly.  One morning, my alarm never sounded because the phone was frozen.
     
    I warranty replaced the warranty replacement (in other words, I am now on my third phone) and haven't had any issues so far.
     
    :)
    #20
    notfordman
    Omnipotent Enthusiast
    • Total Posts : 10345
    • Reward points : 0
    • Joined: 2007/08/09 23:52:23
    • Location: In a van, down by the
    • Status: offline
    • Ribbons : 28
    Re: Phone Replacement Warranty/Upgrade/Legal Questions 2014/12/21 18:47:21 (permalink)
    Glad they took care of you, IMO it's in their best interest to help you out. Hope that ne lasts awhile for you.
    #21
    Jump to:
  • Back to Mobile