Who to blame? My carrier or Samsung for bad 4.4.2 Kit Kat update

[Rickdiesel]

Hey guys,

Long story, I will keep it short. My phone a few weeks ago was getting software update to download. I ignored it( in the past my experience not good ), but it kept poppoing up every 30-45 mins, knocking me off wifi, dropping calls etc. I finally caved and did it- Big mistake. Battery drained crazy and shut off at 20%. Another update( same one ) came back the next day....just as aggressive. So I went into my settings, hit software. I seen the droid guy, then later for my screen to be stuck on Samsung screen. It could restart, but wouldn't boot past- I fixed the problem AKA got into my phone. I tried running data recovery software, now my battery life sucks. However, who is to blame- SAMSUNG or my carrier VIRGIN MOBILE for the aggressive amount of times the update was sent to me, as I did not want it. Samsung says Virgin, Virgin says Samsung?

 

[Rukbat]

Virgin Mobile sent it, so Virgin Mobile is responsible for it - legally. (Ask an attorney - the first consultation is free. An attorney's letter to VM won't cost much, but a cite of the applicable law will get them moving, since if you have to bring suit, they'll be in the position of knowingly refusing to give you something you're entitled to and you can collect for things like inconvenience, mental anguish, etc. And their legal department will tell them so. It's not worth the few thousand it'll cost them to defend [corporations can't represent themselves, they must be represented by legal counsel] when they know it'll cost them another thousand or so when they lose. Courts take a bad faith move like not fixing your phone when they're liable for the damage to it very seriously - in your favor.)

Even if the problem is code written by Samsung, you have no contractual relationship with Samsung, so they're not responsible to you. By sending your phone bad software, Virgin entered into a contract with you to fix the damage they caused. (The same as if you hit the car next to you in the parking lot.) If they want to sue Samsung for causing them this headache, that's their business.

 

[Rickdiesel]

Thanks for the reply. One thing I am out of manufacturer warranty by 4 months. Phone is 16 months old.