10-11-2016 10:35 AM
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  1. meyerweb#CB's Avatar
    If YOU make the decision to keep using and charging it, in full knowledge of the risks, I think you've tossed your chances of a big settlement out the window.

    If your phone doesn't blow up, you won't have much standing to sue, as it will be hard to establish that you've suffered significant losses.

    Those who had their phones explode before all the public warnings, and especially those who suffered major loss (e.g., the Jeep and the house that burned), have definite standing to sue, and I suspect Samsung will offer rapid settlements to those folks.

    But now that Samsung, the FAA, the CPSC, and others have blanketed the world with warnings to shut down your phone and don't charge it, your decision to ignore those warnings would make for a strong defense against any lawsuit.
    09-10-2016 09:29 PM
  2. coolbreeze78's Avatar
    I believe that there will be a class action lawsuit in the near future and we each will get $16.78 for our troubles.
    Apparently, I was part of a Netflix "class action lawsuit" a few years ago. Checked my mailbox one day, saw a check in there.

    I'm rich! I though.

    It was for $1.50.
    Shadowyugi and rtwright68 like this.
    09-10-2016 10:28 PM
  3. Slade8525's Avatar
    GF is a trial attorney, i work in ad/marketing with a legal background.

    We are considering legal action ourselves, albeit for downtime/lost productivity, inability to return device, etc. If anyone is seriously interested beyond speculation, i suggest you contact an attorney in your state familiar with consumer product liability, instead of posting here.
    09-10-2016 10:37 PM
  4. Jude526's Avatar
    Seems like an easy solution. I'm actually starting to wonder why I want the Note over the Edge.

    I like that the curved screen is more subtle.

    I like the S-Pen functionality, but I can live without it.

    I especially like the updated UI (GraceUX), but S7 and S7 Edge are probably going to get that in their next update.
    I love my Note7 but safety first. Today Verizon announced all their Note7 customers can switch and when the Note7 replacements are available can switch back! I am using the edge7. I am glad this is being offered. It's sad what is happening but safety first. I will continue being a Samsung customer. I will be getting the Note7 when ready. I miss it but I want to be safe. This was made available for us to do and it may be a temp inconvenience but hey ..it's great for them offering this. ANY PHONE YOU WANT TO USE....
    Christine Aflak likes this.
    09-10-2016 10:56 PM
  5. itsnotmeitsyou's Avatar
    Haven't seen anyone mentioned about filling lawsuit against Samsung regarding the Note7 explosion incidents...

    Don't get me wrong, I love this phone and still using it now and will replace it once it's available, but reading all the news related to the explosion make me sweat everytime I charge my phone. I usually charge it overnight, but now have to keep an eye.

    We are talking about safety issues here, not about best phone or best design phone.

    After all I paid close to one thousand bucks for an electronic device that can risk my life and those around me.

    What's your thought on this?
    Risk your life? Lol.. Nobody is forcing you to keep using it. In fact, they have made it more than clear that everyone should stop using it. If you continue, that's your problem and YOU are the one risking your and your family's lives.

    Lawsuit? This is the problem with society today..and everyone wonders why products keep increasing in price.
    Law2138, Jona005 and Jude526 like this.
    09-10-2016 11:38 PM
  6. itsnotmeitsyou's Avatar
    GF is a trial attorney, i work in ad/marketing with a legal background.

    We are considering legal action ourselves, albeit for downtime/lost productivity, inability to return device, etc. If anyone is seriously interested beyond speculation, i suggest you contact an attorney in your state familiar with consumer product liability, instead of posting here.
    When and how did you lose productivity and not have the ability to return the device? From day 1, Samsung and the carriers have made it extremely easy to return or replace the device.

    Entitlement; that's all I see in this thread.
    09-10-2016 11:44 PM
  7. Slade8525's Avatar
    When and how did you lose productivity and not have the ability to return the device? From day 1, Samsung and the carriers have made it extremely easy to return or replace the device.

    Entitlement; that's all I see in this thread.
    Best Buy, 2 separate locations in PA, would not accept the return as they had no SKU in the system for the item (this was Monday, Sept 5th), nor would they refund the amount despite having my GF on Google Duo video call whilst speaking with managers at each Best Buy location, with her showing her ID (again through Google Duo), and having the receipt in hand, as well as the same exact card (hers) the unit was purchased with, as well as my own (shared bank account/same account numbers) that is also on the same account. Samsung would not accept it via mail, i wasted 7 hours on the phone and driving around instead of working on ad campaigns or consulting with clients, which i charge quite a premium for. As the unit was purchased at Best Buy, an AT&T store would not accept the return either (also Monday), though this was a small, non-corporate store. I am also 2500 miles away from my S7 Active, which is due to arrive Monday, as a replacement.

    I am not seeking damages or monetary compensation in any capacity, although there are several statutes and precedent cases concerning such issues i could easily pursue, but merely a way to return the device that does not further inconvenience me or impede my work further, risk our health and safety further, or cause me further undue stress or duress. Your time is valuable; whether it be work time or personal time, and MY time is valuable. The situation is a mess.

    My initial comment about contacting an attorney in your state was meant to convey a modicum of sarcasm; i suppose i should have indicated such. Most attorneys would immediately dismiss any pursuance or decline to take you on as a client if no damage/harm was done, and in most cases (based on the average consumers' lost income potential) would also decline to take up the case; a simple exercise of litigation economics, which i am well versed in.

    I haven't had time to try again, though i will Monday, but only once my S7 Active (which i had purchased BEFORE the Note 7 came out; Note 7 was a surprise gift from my GF) arrives, i will again waste my own time to get this sorted out.

    If you believe the inability to return a defective, potentially dangerous piece of equipment in a timely, effective, and clear manner constitutes entitlement in any capacity whatsoever, you are gravely mistaken.

    On a personal note, and to clarify, i am not attempting to argue with you at all. I also happen to charge more for a single, client consultation than this phone costs outright, and considerably more for other services rendered. The 'recall' is not yet official; that gives WIDE legal berth to litigation or arbitration for compensation (failure to act in accordance with CPSC regulations in a timely manner, failure to provide a clear and concise return methodology, etc).

    Frankly, i just want this one out of my house, and replaced with another Note 7, post haste. I l really like it, however, the onus should not (and IS not) be upon me to provide and prove the return is necessary or that the device is potentially dangerous, and i am not legally expected to expend my own time and resources to prove such, considering the nebulous and varied responses i received trying to simply return it thus far. I also laud Samsung for initiating the process, but it should have been FULLY and COMPLETELY coordinated with their point of sale retailers as well as the CPSC for an immediate stop-sale/return.
    09-11-2016 12:14 AM
  8. itsnotmeitsyou's Avatar
    Best Buy, 2 separate locations in PA, would not accept the return as they had no SKU in the system for the item (this was Monday, Sept 5th), nor would they refund the amount despite having my GF on Google Duo video call whilst speaking with managers at each Best Buy location, with her showing her ID (again through Google Duo), and having the receipt in hand, as well as the same exact card (hers) the unit was purchased with, as well as my own (shared bank account/same account numbers) that is also on the same account. Samsung would not accept it via mail, i wasted 7 hours on the phone and driving around instead of working on ad campaigns or consulting with clients, which i charge quite a premium for. As the unit was purchased at Best Buy, an AT&T store would not accept the return either (also Monday), though this was a small, non-corporate store. I am also 2500 miles away from my S7 Active, which is due to arrive Monday, as a replacement.

    I am not seeking damages or monetary compensation in any capacity, although there are several statutes and precedent cases concerning such issues i could easily pursue, but merely a way to return the device that does not further inconvenience me or impede my work further, risk our health and safety further, or cause me further undue stress or duress. Your time is valuable; whether it be work time or personal time, and MY time is valuable. The situation is a mess.

    I haven't had time to try again, though i will Monday, but only once my S7 Active (which i had purchased BEFORE the Note 7 came out; Note 7 was a surprise gift from my GF) arrives, i will again waste my own time to get this sorted out.

    If you believe the inability to return a defective, potentially dangerous piece of equipment in a timely, effective, and clear manner constitutes entitlement in any capacity whatsoever, you are gravely mistaken.

    On a personal note, and to clarify, i am not attempting to argue with you at all. I also happen to charge more for a single, client consultation than this phone costs outright, and considerably more for other services rendered. The 'recall' is not yet official; that gives WIDE legal berth to litigation or arbitration for compensation (failure to act in accordance with CPSC regulations in a timely manner, failure to provide a clear and concise return methodology, etc).

    Frankly, i just want this one out of my house, and replaced with another Note 7, post haste. I l really like it, however, the onus should not (and IS not) be upon me to provide and prove the return is necessary or that the device is potentially dangerous, and i am not legally expected to expend my own time and resources to prove such, considering the nebulous and varied responses i received trying to simply return it thus far. I also laud Samsung for initiating the process, but it should have been FULLY and COMPLETELY coordinated with their point of sale retailers as well as the CPSC for an immediate stop-sale/return.
    I'm sorry to hear that you have had such a hard time. That is really bogus. However, it seems your focus should be more on Best Buy. They were the point of purchase and should be obligated to to honor a recall.

    I would almost bet on Samsung not losing any lawsuits, except for maybe those who had their phones explode pre-warning.

    Edit: You must've just talked to the wrong person

    https://forums.androidcentral.com/e?...token=QCUOjcNL
    09-11-2016 12:31 AM
  9. Slade8525's Avatar
    I'm sorry to hear that you have had such a hard time. That is really bogus. However, it seems your focus should be more on Best Buy. They were the point of purchase and should be obligated to to honor a recall.

    I would almost bet on Samsung not losing any lawsuits, except for maybe those who had their phones explode pre-warning.

    I wish you the best of luck dealing with Best Buy. I know first hand that they have terrible customer service and are impossible to deal with.
    Thank you; realized i should have specified the legal action was basically a formal notice of non-compliance with a partner (Samsung) in a 'voluntary exchange program' their agreement with Samsung explicitly binds them to compliance with. I dont feel at risk, though my GF feels differently, and i understand that. I also understand many carriers'/retailers' confusion and stance as well; they are in an awkward situation and there is little to no clarity on the whole.

    I successfully won a case against Samsung before over a refurbished washing machine sold through a major appliance retailer that had been repaired with a faulty part; in the end, the retailer covered the costs. My GF and i are actively engaged with them in regards to the S7 Active (which we both have) failing advertised IP68 specifications for water ingress; all we are after is the same thing; 100% no questions asked return of faulty devices; and thus far they have complied. We both STILL have pre-fix S7 Actives, and are awaiting our own replacements for those as well. GF bought me the Note 7, and now a huge fiasco ensues with those too.

    Honestly, with Samsung, once you get your issue to the right people, always made things right for us in the past, and currently are doing so with the S7 Actives as well (its been complicated due to the Note 7 issue now and the fact we travel a LOT for work). I will continue to buy their products; they do stand by them. I cannot say the same of Apple, personally, which is why we choose not to buy their products, among other reasons.

    The employees and managers at Best Buy were not at fault in my opinion; they had absolutely no way to process the return and were as helpful as they could be within their capacity. As i stated, its a mess. Check out the below link.

    I have my Note 7 stored as safely as possible until i can return it.

    I should also mention that at a local, non-corporate, 'in-the-sticks' AT&T store, one of the managers offered to personally wipe and loan me his own personal S7 Edge (older guy too). THAT was rather shocking. Its also where i got my first cell phone, although the manager in question is not the same, its in a small town on the east coast, and while i really appreciated the gesture and offer, i declined, as i do have my S7 Active my GF shipped to me that should arrive Monday or Tuesday, and id rather not deal with setting up another device only to return it.

    Reminded me of high school prom night back in 2001 or 2002; while out getting my tux the day before, an elderly woman backed into my ancient, sun-beaten, 5 speed manual, fuel injected, 13B, 1984 mazda RX-7 GSL-SE, mangling the barn door flip up headlights, fenders, and basically the whole front end (...it was high school, i had a TOTALLY unique, retro, proper RWD 2 seater, stick shift sports car with a flip up glass moon roof when everyone else had '90 cavaliers, so it was the end of the WORLD to me), and her husband offered to let me drive their MINT garage kept yellow automatic 76 camaro, which i did. Still close friends with them today, though the RX-7, the Camaro, and the ex GF are all long gone now.

    EDIT

    I believe that page came about shortly after my attempted return efforts, but i may be mistaken.
    09-11-2016 12:47 AM
  10. vnmous1's Avatar
    Haven't seen anyone mentioned about filling lawsuit against Samsung regarding the Note7 explosion incidents...

    Don't get me wrong, I love this phone and still using it now and will replace it once it's available, but reading all the news related to the explosion make me sweat everytime I charge my phone. I usually charge it overnight, but now have to keep an eye.

    We are talking about safety issues here, not about best phone or best design phone.

    After all I paid close to one thousand bucks for an electronic device that can risk my life and those around me.

    What's your thought on this?
    There's no barrier to entry to the judicial system.

    People are always looking for a way to take advantage (not saying YOU are, but your post smacks of opportunism).

    You have no loss nor damage. They have offered you a replacement phone...even a 'loaner' in the interim...to pay you back the difference plus your accessories plus give you $25 "just in case" yours is a bad one.

    There are more than 2.7 million Note 7's on the street. A mere 1% failure rate would mean there would be 27,000 incidents. Less than 200 have been documented.

    This is what warranties and customer service is for. Samsung is getting screwed because of a supplier, just like the Takata airbags boning the OEMs.
    Nobody has successfully taken Ford/GM/Toyota/etc to court and won a suit (to this point) because their car has a bad air bag that MAY fail.

    Be realistic. They owe you squat. They're going above and beyond to get ahead of this.

    bj
    Voxelflinger likes this.
    09-11-2016 12:35 PM
  11. felloffthetruck's Avatar
    Can't we all just get a phone?
    sweetypie31 likes this.
    09-11-2016 12:45 PM
  12. smoothrunnings's Avatar
    Lawsuit? The owner says Samsung is giving him the run around, yet Samsung says they are working with the owner to assist him in anyway...I call BS on Samsung!

    09-12-2016 05:49 AM
  13. spridell's Avatar
    I would imagine Samsung would want to keep all lawsuits hush hush.

    Take the newest incident with the 6 year old boy, If I am Samsung i am settling with the family out of court so there is no record of anything.

    This is what Disney did with the little boy who was killed by the alligator.
    Baby_Doc likes this.
    09-12-2016 07:06 AM
  14. jj2339's Avatar
    Has any phone actually Exploded ?

    Did they just not get hot and melt and say catch on fire ?
    Yes, two cases on the news this am. One lady had hers explode on her nightstand and her dog got burned from debris, plus the kid in Brooklyn.
    09-12-2016 07:28 AM
  15. larry1014's Avatar
    GF is a trial attorney, i work in ad/marketing with a legal background.

    We are considering legal action ourselves, albeit for downtime/lost productivity, inability to return device, etc. If anyone is seriously interested beyond speculation, i suggest you contact an attorney in your state familiar with consumer product liability, instead of posting here.
    Everybody is sue crazy nowadays!! I am just going to wait for the replacements. I have never gotten anything for nothing and don't want to.
    Shadowyugi likes this.
    09-12-2016 07:46 AM
  16. cardboard60's Avatar
    Even if you sue.
    How fast do you think the system works.
    Dude with the jeep will probably have to claim it on his insurance, And the insurance company and his attorney will probably settle with Samsung.

    Nobody has said nothing happened.

    And this is like a 1% if not less case of phones that caught on fire.
    But it will probably go threw lawyers.
    And they don't get in a hurry either.


    If you have a problem with your phone.
    You should go trade it in.
    Then you no longer have a problem.
    09-12-2016 08:29 AM
  17. N4Newbie's Avatar
    It's too bad people refuse to read what is right in front of their eyes.

    Standard Limited Warranty Information

    Procedures for Dispute Resolution/30-day Arbitration and Opt-Out Policy

    ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.

    ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW.

    Samsung
    Like I said earlier ( http://forums.androidcentral.com/sam...ml#post5408228 ) your right to sue any business over anything is rapidly disappearing.
    Jona005 and Voxelflinger like this.
    09-12-2016 09:37 AM
  18. sweetypie31's Avatar
    Can't we all just get a phone?
    I love this.
    toenail_flicker likes this.
    09-12-2016 10:14 AM
  19. Slade8525's Avatar
    It's too bad people refuse to read what is right in front of their eyes.



    Like I said earlier ( http://forums.androidcentral.com/sam...ml#post5408228 ) your right to sue any business over anything is rapidly disappearing.
    those never stand up in court if one takes the correct course of action; and that 'statement' is absolute trash as a legal disclaimer. as previously stated, i am not after financial compensation and comment was tongue-in-cheek. we also personally won against samsung before.

    the point of my suggestion of finding an attorney was that
    A) most people wont because they are lazy
    B) most attorneys would dismiss any attempted action if there was no distinct property damage or damage/loss of life
    C) the court of public opinion, eg getting news/media behind you, would have far better effect to motivate samsung to act

    I would rather see this whole mess settled, fast, and correctly, and preferably this be the situation wherein the recall coordination system for all phone manufacturers and retailers, whether voluntary or federal recalls, are FULLY COORDINATED.
    09-12-2016 10:50 AM
  20. N4Newbie's Avatar
    ]those never stand up in court if one takes the correct course of action;[/I] and that 'statement' is absolute trash as a legal disclaimer. as previously stated, i am not after financial compensation and comment was tongue-in-cheek. we also personally won against samsung before.

    the point of my suggestion of finding an attorney was that
    A) most people wont because they are lazy
    B) most attorneys would dismiss any attempted action if there was no distinct property damage or damage/loss of life
    C) the court of public opinion, eg getting news/media behind you, would have far better effect to motivate samsung to act

    I would rather see this whole mess settled, fast, and correctly, and preferably this be the situation wherein the recall coordination system for all phone manufacturers and retailers, whether voluntary or federal recalls, are FULLY COORDINATED.
    Read the linked New York Times series ( http://www.nytimes.com/2015/11/01/bu...tice.html?_r=0 ). They can and do "stand up in court" all the time.

    Nevertheless, I agree with you as to the overall futility anyway. Just get a replacement phone and be done with it. Unless your house burned down or something, you don't have a case worth the effort and cost of pursuing "justice".
    toenail_flicker likes this.
    09-12-2016 12:02 PM
  21. Dominick079's Avatar
    No slight on the OP, but the next thing you know, people might sue McDonalds for "making" them fat Oh, that already happened.
    Or the famous Red Bull lawsuit in which they were sued because the can said "Red Bull gives you wings".
    The fact that lawsuit was even heard in court is ridiculous and that Red Bull actually lost the case leaves me speechless
    toenail_flicker likes this.
    09-12-2016 04:34 PM
  22. Katrina White1's Avatar
    Can't we all just get a phone?
    You must've fallen off the truck and bumped your head. You're a nut! 😂😂😂
    09-13-2016 06:43 PM
  23. BustA Groove's Avatar
    I'm thinking that a class action lawsuit may be in the mix with many Note 7 owners being turned away when trying to exchange to Note 7 for another phone especially since Samsung has spelled out the terms and instructions for exchanging the device.
    09-13-2016 07:08 PM
  24. dlgus's Avatar
    Haven't seen anyone mentioned about filling lawsuit against Samsung regarding the Note7 explosion incidents...

    Don't get me wrong, I love this phone and still using it now and will replace it once it's available, but reading all the news related to the explosion make me sweat everytime I charge my phone. I usually charge it overnight, but now have to keep an eye.

    We are talking about safety issues here, not about best phone or best design phone.

    After all I paid close to one thousand bucks for an electronic device that can risk my life and those around me.

    What's your thought on this?
    My thoughts are if you are using this phone after notification of the recall, you are kinda....not bright, and Samsung should have no responsibility if (god forbid) this phone blows up in your face.
    09-13-2016 07:16 PM
  25. cardboard60's Avatar
    If you want to sue somebody as Big As samsung.
    And you have no real damage .
    You need to get about 50,000 for the case.
    And hope it don't go farther than that.
    09-13-2016 07:22 PM
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