Open legal draft to Samsung regarding S7 Active water damage faults (ALL Active users please read)

Slade8525

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Hey everyone, in light of recent events, ie Samsung fully acknowledging there were production flaws with their S7 Active devices by their own admission, my GF (trial/litigation attorney) and myself (studied law/never took the bar exam, and work in film/photog/'legalese' of advertising) are putting together an open letter/request to Samsung to do one, or more, of the following...

1) Test, diagnose, repair or replace as necessary, any devices deemed to be flawed, in a timely fashion with consideration for recompense to affected owners/users, as well as acknowledge the manufacturing process defect, in a timely (expedited) fashion, with full reimbursement of any and all fees associated with shipping as well as reasonable recompense to affected users, in the event a recall is not initiated.

2) Further warranty said affected, defective, returned-for-service/warranty devices, fully for 1 (one) year from date of receipt of repaired/replaced device by manufacturer or manufacturer approved repair facility, for water incursion up to and including IP68 specifications, assuming device condition is within 'reasonable and acceptable usage guidelines' (ie not banged up, not cracked/compromised, as in visible abuse or damage to - glass, plastic, rubber, seals, and ports) upon receipt by manufacturer or manufacturer approved repair facility, in the event a recall is not initiated.

3) Replace said device (assuming device meets above 'reasonable usage' specifications and guidelines and has not been clearly abused), within current warranty period with NO extension beyond current 1 (one) year warranty period, with a device that has been verified to have undergone the new 'corrected' assembly methods, in the event a recall is not initiated.

4) recompense current S7 Active owners whom have had unfortunate issues with their devices fairly, and in a timely fashion, as well as expedite shipping for affected 'launch' and current stock of devices, or expedite their replacement with new units that have been assembled with 'new' assembly methods, acknowledging, by Serial Number, IMEI/HEX ID, or other means, the devices' compliance with current, 'corrected' assembly methods, maintaining current 1 (one) year warranty period, in the event a recall is not initiated.

5) Recompense/reimburse, or refund affected users for any and all incurred shipping costs, 'down time' due to defects within reason, in the event a recall is not issued.

6) Recall affected devices, and either
______A) Compensate users for 'down time' without device while expediting repair/replacement at manufacturers expense, OR
______B) Offer a replacement device, which has been built to new 'compliant specification' as stated by Samsung, shipped out (first) wherein affected user then returns flawed device in a manufacturer/carrier supplied shipping format, within the current 1 (one) year warranty period.

Any suggestions, questions, etc please post below. I will ask that you contact myself at a later date once the letter has been formally drafted and readied. We, as owners/users, no longer have the onus and burden of proof to prove there is an issue, however we must allow and provide the manufacturer fair means and time to fix/repair/replace/recall the devices. Affected users, please keep any and all communications (including links to posts you and others have made in this regard (NOT speculation, but verified issues ONLY) on this and other forums, with Samsung, other users, etc) for your records. Again this is a rough draft; please bear with us here.

SHOULD you decide to test your device for flaws, by all means PLEASE record it, in ONE SHOT, where the device is totally visible when doing so, that there may be absolutely NO question as to your testing methodology. I do NOT recommend testing these devices at this time, even to their specified ratings, but if you must, feel free to contact me for tips or suggestions on how to do so that you have the burden of proof CLEARLY on your side. BY ALL MEANS PM ME FIRST IF YOU PLAN TO TEST YOUR DEVICE, and i will guide you through it clearly and concisely so as to best maintain your warranty and accurately test your device (far more scientifically than Consumer Reports). Though i express no guarantees or warranty of compliance, i will go out of my way to ensure any testing you do will meet IP68 guidelines and stay within IP68 ratings to the best of my abilities within reason and means of consumer to consumer 'over the web' means, and that your results would be recorded accurately and reliably, to the best of my abilities and with respect to your compliance of my guidelines.

To be perfectly clear, we are NOT seeking compensation in any manner, simply full rectification and correction of this issue with Samsung. Should you decide to pursue legal action on your own, it is recommended to find an attorney in your state as we are not pursuing legal action at this time, nor will we do so on behalf of others.

If you know of any other S7 Active owners with water issues, please direct them to this site and this post, so that we may aggregate as much data as possible.

Thank you for your time, please post a response below to show interest.
-Slade8525
 
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jlczl

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I'm in. No damage yet even though I've had the phone in pools and a Waterpark but I agree with what you're doing.
 

ric2001

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I don't mind keeping mine but, as I have said in a couple other threads, I would like them to extend the warranty for this *specific* issue to 2 years. That's how long I have to pay for it and how long I have to keep it until I can upgrade. However, if they do offer a recall and provide a replacement unit, I will jump on that.
 

PLaBar

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So this will be a letter you send to Samsung with a list of current owners (us) names attached? If I am reading it right, the owners (us) are simply asking Samsung to correct their (Samsung) mistake.

Sounds good to me, count me in.

Bottom line is I spent extra for a device that should be IP68. The burden to test if it meets the spec should not be mine. I don't plan on testing mine. I plan on using it as I would normally use a smart phone device. I currently don't know if it meets IP68. It should not be expecting to much to get what you paid for.
 

sanderson555

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Hey everyone, in light of recent events, ie Samsung fully acknowledging there were production flaws with their S7 Active devices by their own admission, my GF (trial/litigation attorney) and myself (studied law/never took the bar exam, and work in film/photog/'legalese' of advertising) are putting together an open letter/request to Samsung to do one, or more, of the following...

1) Test, diagnose, repair or replace as necessary, any devices deemed to be flawed, in a timely fashion with consideration for recompense to affected owners/users, as well as acknowledge the manufacturing process defect, in a timely (expedited) fashion, with full reimbursement of any and all fees associated with shipping as well as reasonable recompense to affected users, in the event a recall is not initiated.

2) Further warranty said affected, defective, returned-for-service/warranty devices, fully for 1 (one) year from date of receipt of repaired/replaced device by manufacturer or manufacturer approved repair facility, for water incursion up to and including IP68 specifications, assuming device condition is within 'reasonable and acceptable usage guidelines' (ie not banged up, not cracked/compromised, as in visible abuse or damage to - glass, plastic, rubber, seals, and ports) upon receipt by manufacturer or manufacturer approved repair facility, in the event a recall is not initiated.

3) Replace said device (assuming device meets above 'reasonable usage' specifications and guidelines and has not been clearly abused), within current warranty period with NO extension beyond current 1 (one) year warranty period, with a device that has been verified to have undergone the new 'corrected' assembly methods, in the event a recall is not initiated.

4) recompense current S7 Active owners whom have had unfortunate issues with their devices fairly, and in a timely fashion, as well as expedite shipping for affected 'launch' and current stock of devices, or expedite their replacement with new units that have been assembled with 'new' assembly methods, acknowledging, by Serial Number, IMEI/HEX ID, or other means, the devices' compliance with current, 'corrected' assembly methods, maintaining current 1 (one) year warranty period, in the event a recall is not initiated.

5) Recompense/reimburse, or refund affected users for any and all incurred shipping costs, 'down time' due to defects within reason, in the event a recall is not issued.

6) Recall affected devices, and either
______A) Compensate users for 'down time' without device while expediting repair/replacement at manufacturers expense, OR
______B) Offer a replacement device, which has been built to new 'compliant specification' as stated by Samsung, shipped out (first) wherein affected user then returns flawed device in a manufacturer/carrier supplied shipping format, within the current 1 (one) year warranty period.

Any suggestions, questions, etc please post below. I will ask that you contact myself at a later date once the letter has been formally drafted and readied. We, as owners/users, no longer have the onus and burden of proof to prove there is an issue, however we must allow and provide the manufacturer fair means and time to fix/repair/replace/recall the devices. Affected users, please keep any and all communications (including links to posts you and others have made in this regard (NOT speculation, but verified issues ONLY) on this and other forums, with Samsung, other users, etc) for your records. Again this is a rough draft; please bear with us here.

SHOULD you decide to test your device for flaws, by all means PLEASE record it, in ONE SHOT, where the device is totally visible when doing so, that there may be absolutely NO question as to your testing methodology. I do NOT recommend testing these devices at this time, even to their specified ratings, but if you must, feel free to contact me for tips or suggestions on how to do so that you have the burden of proof CLEARLY on your side. BY ALL MEANS PM ME FIRST IF YOU PLAN TO TEST YOUR DEVICE, and i will guide you through it clearly and concisely so as to best maintain your warranty and accurately test your device (far more scientifically than Consumer Reports). Though i express no guarantees or warranty of compliance, i will go out of my way to ensure any testing you do will meet IP68 guidelines and stay within IP68 ratings to the best of my abilities within reason and means of consumer to consumer 'over the web' means, and that your results would be recorded accurately and reliably, to the best of my abilities and with respect to your compliance of my guidelines.

To be perfectly clear, we are NOT seeking compensation in any manner, simply full rectification and correction of this issue with Samsung. Should you decide to pursue legal action on your own, it is recommended to find an attorney in your state as we are not pursuing legal action at this time, nor will we do so on behalf of others.

If you know of any other S7 Active owners with water issues, please direct them to this site and this post, so that we may aggregate as much data as possible.

Thank you for your time, please post a response below to show interest.
-Slade8525

I haven't had a problem with mine S7a but I also haven't had it in water. I use it to much for work to be without a phone.
 

bkrell

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I don't understand all the hesitation about going after Samsung on this. I bought my S7 Active specifically to have a TOUGH, WATER RESISTANT phone! Samsung has admitted a flaw that compromises what they and AT&T repeat ad nauseam in every advertisement for the phone. It's like advertising a parachute that doesn't work when jumping from airplanes then stating "Oh, we don't expect too many complaints." And the sad thing is, they are right! Just like people don't like to mail in rebates, they don't like to return things like this because A.) they are afraid it's actually their fault, B.) They don't want the down time and C.) They're lazy. Samsung knows that the harder they make it, the less they end up losing. If they don't release a set of affected serial numbers, there's no way in heck I'm keeping this phone, as much as I love it.
 

jlczl

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If they don't release a set of affected serial numbers, there's no way in heck I'm keeping this phone, as much as I love it.

LOL, even if yours is completely waterproof after testing it at it's limits? I don't understand this. What phone would you go to then?
 

bkrell

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LOL, even if yours is completely waterproof after testing it at it's limits? I don't understand this. What phone would you go to then?
Tested by who? If there's not a way to test it scientifically at the att store then it's a hassle. I don't want to be without a phone because of this issue. I shouldn't have to be. I'm not going to go drop it in my pool and have it pass, giving me a false sense of security or have it fail and have to fight with att/samsung
 

jlczl

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Tested by who? If there's not a way to test it scientifically at the att store then it's a hassle. I don't want to be without a phone because of this issue. I shouldn't have to be. I'm not going to go drop it in my pool and have it pass, giving me a false sense of security or have it fail and have to fight with att/samsung
More power to you. Mine has passed the test this summer vacation (as deep as I care to personally be in a pool and at a Waterpark with no damge) but I can see how that would not be to everyone's satisfaction. The question remains though as to which device would be a viable alternative. I for one cannot think of one or else I would have considered it when making my purchase decision. My main requirements were ruggedness (water and drop), top tier processor and memory, massive battery, and SD card slot for GSM networks.

That's why I want to pursue the course of action the OP has set out to do. I want this unique device to be backed up 100% by Samsung since nowhere else can I find another device that suits my needs so closely.
 

bkrell

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More power to you. Mine has passed the test this summer vacation (as deep as I care to personally be in a pool and at a Waterpark with no damge) but I can see how that would not be to everyone's satisfaction. The question remains though as to which device would be a viable alternative. I for one cannot think of one or else I would have considered it when making my purchase decision. My main requirements were ruggedness (water and drop), top tier processor and memory, massive battery, and SD card slot for GSM networks.

That's why I want to pursue the course of action the OP has set out to do. I want this unique device to be backed up 100% by Samsung since nowhere else can I find another device that suits my needs so closely.

Oh I don't want anything else. I would want another Galaxy Active. I've owned 4 iPhones and this is my second Galaxy Active. I bought the first one (the original S4 Active) after my iPhone's 4s's internals rusted out from 2 years of running with it averaging at least 60 miles a week. Lots of sweat. The S4 Active was great but the fact that it relied on little rubber flaps for its water resistance always made me nervous. My wife got and had buyer's remorse over an iPhone 6 Plus so 2 weeks later, it was mine. I put it in a Lifeproof and away I went.

I didn't think I'd ever go back to Android but we went on a cruise in June and halfway through, I got some water in the 6 Plus and switched over to a new Active. I also got the Gear S2 Classic watch from AT&T for $50 as part of the deal. So I definitely want to stay with Samsung.

But what I've lost now is the peace of mind I thought I'd paid for by switching to a phone that meets the IP68 standard. Heck I could have filed an insurance claim on my iPhone but that didn't give me any guarantee the same thing wouldn't happen again.

So don't take my position as an anti-Samsung rant. I like them. I'm waaaay more impressed with this phone than I ever was with my S4 Active. I'll gladly buy another "fixed" Active if they gave me the choice tomorrow. If not, I'd go to an edge or regular S7 and put them in a case.
 

PLaBar

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Just walked into AT&T and talked with manager.
1) They are still selling S7 Active (at least this store is, Mount Pleasant WI)
2) She said if my S7 Active takes water damage in 1 year it will be treated as a warranty repair.
3) She added that AT&T treats S7, S7edge and S7Active phones that take water damage as covered under warranty repair for 1 year.
4) She said the phone can not have any physical damage (cracked screen or such)

I guess it's good that she is aware of what is going on, but bad that it's not as simple as take water damaged S7 Active to store, get new one off shelf.
 

bkrell

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Here are the pertinent lines from the chat session I had w/ ATT earlier today. At the end of the convo, she assured me I could walk into the store and walk out with a new phone. However, notice in her first response, she says "certified like new." So I'm guessing this is something that would have to be shipped just like an insurance claim phone...

Denise : Now..how it was explained to me...when it comes to these devices..because Samsung has listed it as a known issue...IF at anytime you were have water damage to your phone while you are within your warranty period (which you are) we will replace the phone for a Certified Like New S7. This replacement is ONLY for water damage..it does not cover physical damage.
Brian : Yeah but see that's my concern. I don't want to discover that my phone is affected after having it mess up on me. THat's not what I bought it for.
Brian : I bought it to not have to hassle with a damaged phone. I could have filed an insurance claim on my iphone but I didn't. I just wanted to not have to worry about the issue of water
Brian : I'm not going to go be dishonest and dunk it in water just to try and get it to fail. BUt I ha ve no assurance otherwise that a year and a day from when I bought this phone that it won't brick out on me...
Denise : I completely understand..since this is a manufactures defect..we can only address the issues as they come in...I would imagine that Samsung is working on perfecting this feature on their devices.
Brian : So will I be able to bring it to the att store for replacement should something happen?
Brian : And be able to walk out with a new phone?
Denise : Of course
Denise : :O)
 

PLaBar

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Bkrell - yeah I expect AT&T stores to not be on the same page at this time. Hopefully in a few weeks an "official" guidance statement will be passed down from AT&T corp to the store level so store managers are not just making it up as they go along.
 

PLaBar

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Slade8525 - Just wanted to thank you for writing up the open letter. Very cool of you. Also please pass along my thanks to your girl friend. I am guessing you both have crazy real life schedules and fitting in time to help out people you don't even know speaks to your character. Thank You.
 

planoman

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Here are the pertinent lines from the chat session I had w/ ATT earlier today. At the end of the convo, she assured me I could walk into the store and walk out with a new phone. However, notice in her first response, she says "certified like new." So I'm guessing this is something that would have to be shipped just like an insurance claim phone...

Denise : Now..how it was explained to me...when it comes to these devices..because Samsung has listed it as a known issue...IF at anytime you were have water damage to your phone while you are within your warranty period (which you are) we will replace the phone for a Certified Like New S7. This replacement is ONLY for water damage..it does not cover physical damage.
Brian : Yeah but see that's my concern. I don't want to discover that my phone is affected after having it mess up on me. THat's not what I bought it for.
Brian : I bought it to not have to hassle with a damaged phone. I could have filed an insurance claim on my iphone but I didn't. I just wanted to not have to worry about the issue of water
Brian : I'm not going to go be dishonest and dunk it in water just to try and get it to fail. BUt I ha ve no assurance otherwise that a year and a day from when I bought this phone that it won't brick out on me...
Denise : I completely understand..since this is a manufactures defect..we can only address the issues as they come in...I would imagine that Samsung is working on perfecting this feature on their devices.
Brian : So will I be able to bring it to the att store for replacement should something happen?
Brian : And be able to walk out with a new phone?
Denise : Of course
Denise : :O)

Dunking it in the water is now dishonest? They advertise the phone in and with water. Even if you get a "new fixed" one it could still fail when you put it in water. These are machines. Just keep your phone away from water and you will be fine. If you cannot or will not do that, there is always a chance a seal could fail. Even my Rolex Sea Dweller could possibility fail when I take it in the water. You banking on a "fixed" one like it could never leak is illogical and in conflict with your avatar!
 

planoman

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Just walked into AT&T and talked with manager.
1) They are still selling S7 Active (at least this store is, Mount Pleasant WI)
2) She said if my S7 Active takes water damage in 1 year it will be treated as a warranty repair.
3) She added that AT&T treats S7, S7edge and S7Active phones that take water damage as covered under warranty repair for 1 year.
4) She said the phone can not have any physical damage (cracked screen or such)

I guess it's good that she is aware of what is going on, but bad that it's not as simple as take water damaged S7 Active to store, get new one off shelf.

Thanks for the update. I did not know ATT was backing their phones as well. I have had mine in water several times without issue and will continue to do it. If it fails, I know att has a walk in service center in Irving so not far away. I will keep "testing" it till June 2017!
 

Law2138

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When you pay $795 for a phone that is advertised to resist water for X depth for X minutes don't you expect just that? How would you feel if this device failed after falling in water for a fraction of the depth and time?

That's like buying a Jeep that is shown in commercials going on rocky trails and mountainous terrain while having it break down when driving down a dirt road. You as a consumer have an expectation of performance of a product that you paid for. There is no way I would keep this device if I'm advised to keep it away from water and I'll be fine.

Posted via the Android Central App
 

Phillip Pugh

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Dude nothing personal but your ranting is getting a little old now we get it your not happy with your gs6 active and your expressing it on every forum . I'm still waiting on the flood of folks that had water damage 7 active there is none .....here's what I'd do if i where you, trade your 6 active in for a different phone all together that's the best way to show your displeasure with samsung and keep it moving lg are htc would be glad to take your money they could use the sales

Posted via my note 5 are gs7 edge
 

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