Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
B33
Legend

O  well  ok   I  tend  to like it though. b

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Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Not applicable

The sellers or should I say retailers (Verizon, AT&T, Sprint, T-Mobile, Best Buy, Sears, Target, Radio Shack or any other retailer) are not any liability what so ever. Don't know what consumer laws you were looking at.

If there is a material defect in any product and the issue is logged at the US Consumer Product Safety Commission it is then sent to the maker of the product. Be it a kiddie cycle or a cell phone.

The liability is on the maker and not any retail outlet. Once the issue is looked into what happens is the manufacturer is notified and it then notifies the retailers to pull the product from their shelves, warehouse.

The manufacturer is legally obligated to recall the faulty products, in many cases retailers will tell customers that have purchased these products to return to them for refund or replacement.

However as in this case Samsung is the manufacturer and is solely responsible for what they made.

Verizon does not have to tech support any products. They do so only as a courtesy not as a given right.

Best to research the issue before giving such information on a public forum.

Good Luck

Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Snn5
Legend

It has been my experience that VZW will only replace a defective phone with the same model, time after time.  This 1 year time frame IDK about.  As in, after 1 year will they replace with a different model? I know it usually has to be the same issue every time.   I'm on my 3rd-4th unit of same phone in 9 months and all they told me was I could buy a pre-owned phone for $400 (Moto-X) or take $200 off a full retail phone ($600-700) since it was an ineligible upgrade.  I'd be interested in seeing how this plays out within the 1 year time and after that period.

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Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
vzw_customer_support
Customer Service Rep

shaggydog82 We want you to have a working phone and overheating is definitely a problem. Various factors can cause the phone to become warm but if the phone is hot to the touch then we advise you to take it into your local store. There is a form that is required to be filled out and the phone needs to be inspected in person. The warranty replacement process allows us to send you a working 'Like new' device as long as the current phone is free of physical or moisture damage. I understand that you have called technical support but have you had us look at it in the store?

SheritaH_VZW
Follow us on Twitter
@VZWSupport

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Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
stgmngr210
Enthusiast - Level 3

I said nothing about a law.

I said policy.

Best to read a response before replying.

I am trying to help an extremely frustrated person that was in the same situation I was in.  I was sharing what worked for me.

Verizon DOES have a policy about products that overheat.  Because they DO NOT want to be liable.  They DO NOT want to put a device into someone's hands that could go on fire, or burn someone.

I had 3 S4s in 3 weeks time that overheated to over 105 degrees.  First one fried itself to death (never turned back on after shutting down because of overheating). Second one overheated to 105 degrees 20 minutes after activating, and shut down while I was on the phone with customer service at VZW. The third one overheated and fried the sim card reader. The morning after I was unable to call 911 (from my phone with the fried sim card reader), when I was followed by a man late at night on my way home from work.

There was nothing to troubleshoot. A phone that heats up to over 105 degrees 20 minutes after activation is defective.  Two phones that overheat in the course of normal use (I don't play games, or stream video. I am on Facebook a LOT, I text, and take a lot of snapshots of my kids. That's it) to where the phone fries some of the internal circuitry is defective.

Verizon sells them, advertises them, imprints their logo on it, puts their apps on it, and splashes their logo across their screen when the phone turns on. It's different than other products.  It's not like a "kiddie cycle", or other products.  Part of what makes the device work has to do with Verizon (connecting to it's network). And, I would argue that was what was making my S4s overheat.  After I could not connect to a network, my phone no longer overheated.  I used it on wifi at home and at work, and in the same way as before (minus texting and calls): Facebook, surfing the web, photos, etc.

I was finally helped by tech support. He was the one that told me about the policy.  He noted it in my account, and had me go to a retail store (a store I had been to the day before because I thought the sim card was damaged, when a new one was put in, it was determined the overheating damaged the sim card reader itself). I had to bring my phone, the case I used with it, and all chargers and cables.  I was offered an S5, or a Note 3 as a replacement.  I would not touch another S ANYTHING for all the money in the world. I now have a Note 3. I had to re-up for another two years, that was the only catch. I did not have to pay hundreds out of pocket for a new phone. I did not have insurance or extended warranty.

Does VZW have to do this? No.

Was it easy? No.

Is their a policy (as it relates to devices that overheat...not just overheat, but get so hot they could hurt someone)? YES

It took 3 weeks, endless chats and calls with VZW, and Samsung, and 4 visits to retail stores.

When my safety came into play (not being able to call for help), I put my foot down, and FINALLY found two people that helped me (the man from tech support, and the manager from the retail store).

Best to not make assumptions before making snide remarks on a public forum.

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Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Tidbits
Legend

They wouldn't be liable no more than Walmart would be liable for a microwave exploding. They may have sold the product but they did not produce the product...

Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Not applicable

You are still missing the point.

Verizon as other cell companies "brand" to their respective networks. Makes no difference if it says Verizon on the device or mickey mouse. It is a Samsung Galaxy s5 or any other model. It is not a Verizon Wireless Galaxy s5.

Samsung makes the device lock stock and barrel. Makes no difference if Verizon has apps on it or not.

The overheating issue is a Samsung problem. The policy from Verizon or any cellular carrier would be first to verify there is an overheating issue. That is why Verizon wants the customer to go to the store. To inspect the device before they warrantee the device for Samsung or any other device maker.

Yes a hot phone is an issue. But it is not a liability on Verizon's part. They are a reseller of Samsung and other manufacturer devices. They did not make the phone nor the battery.

Now on devices that use a replaceable battery they "Sell" you another. Not give. This happened to me many years ago not with overheating but loss of battery power. I paid for the battery and Verizon told me they will replace it once within a certain time frame.

The constant replacing of your device is a courtesy to their customers, not a given right. The one year warranty is through the device maker.

If you buy a device at Best Buy they will do nothing for you after 15 days. They direct you to the manufacturer support number or web site. That is the extent of their responsibility nothing more.

Now cellular carriers act as middlemen, they exchange out your device as many times as necessary within that year. Unless you have purchased the extended warrantee from Asurian or other insurance company.

Then you contact the warranty company. Not Verizon.

Again if there is a fault with the battery heating up the problem lies with the device maker and not Verizon wireless. Verizon does not make phones. They make money selling you a connection to the cellular and data network with an approved device that works on that network.

Good Luck

Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
stgmngr210
Enthusiast - Level 3

If a retailer is replacing a product that is defective under normal use, with the same product, and it has the same defect (under normal use), and the same defect causes harm/injury that can legally be considered negligence.

Florida:

The retailer of a defective product may be held liable in a negligence action only if the plaintiff can establish that the retailer had actual or implied knowledge of the defect. Marrillia v. Lyn Craft Boat Co., 271 So. 2d 204 (Fla. 2d DCA 1973).

New Jersey:

Retailers can be found strictly liable when they sell defective products.   (DeGennaro v. Rally Manufacturing, 09-cv-443)

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Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Not applicable

In both cases I am sure there are other citations.

However the key word is *if*

[Quote]

if the plaintiff can establish that the retailer had actual or implied knowledge of the defect.

[/quote]


Trouble here is the manufacturer would have to notify the retailer of the defect. It would have to be documented, and it would have been reported to the retailer and manufacturer to be able to fix the issue. In this case Verizon sends them back to manufacturer, customer receives another device. Which is exactly what Verizon is doing.


I don't have a McKinneys handy but I am sure there are other decisions that say something different, overturned by a higher court, or order vacated on appeal etc. And as you posted the laws are not the same all over. That can cause problems as well.


Good Luck


Re: On my 3rd replacement phone--does VW ever replace a "lemon" with a new one?
Tidbits
Legend

stgmngr210 wrote:

If a retailer is replacing a product that is defective under normal use, with the same product, and it has the same defect (under normal use), and the same defect causes harm/injury that can legally be considered negligence.

Florida:

The retailer of a defective product may be held liable in a negligence action only if the plaintiff can establish that the retailer had actual or implied knowledge of the defect. Marrillia v. Lyn Craft Boat Co., 271 So. 2d 204 (Fla. 2d DCA 1973).

New Jersey:

Retailers can be found strictly liable when they sell defective products.   (DeGennaro v. Rally Manufacturing, 09-cv-443)

Did you read those court cases?  If you didn't then I suggest you should.  There was specific reasons why they were held liable, and it wasn't because of the product they didn't produce.  There's more details than that general cut and paste.

Also for smart phones adding applications and using may be "normal" use, but the applications installed can have adverse effects the manufacturer can't account for.

For example my son loves to use this app called Spirit Stones.  That app at times fails to close properly and causes music and the phone not to sleep properly.  It causes the device to overheat at times.  Some apps don't have any type of identifier of these instances.  So there was never a defect in the first place for that device.

Try again my friend there's specifics that are applied before those liabilities comes into play.