Remember to opt out of arbitration within 30 days!

Gary02468

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Jul 23, 2011
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what sort of lawsuit could I possible want to have against the maker of my phone?
Maybe it'll explode and maim you. Maybe half its features will stop working. Maybe an OTA update will infect it with malware that results in your life savings being stolen. It's hard to anticipate, but why sign away your legal protections if you don't have to?
 

chanchan05

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Nov 22, 2014
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I bet the people that had the Note 7 cause damage wish they could litigate...
Doubt it. Samsung already done more than it should like getting funded for replacements and then gave them like 50% discount on the Note8 along with other freebies. The courts will take those into account.
 

Gary02468

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Samsung already [did] more than it should like getting funded for replacements
Offering refunds for a recalled device was legally mandatory, and it wasn't nearly enough. By the time my Note 7 was recalled, I had already traded in my Note 5, and there was no way to get another one in similar condition without spending an extra few hundred dollars, compared to not trading it for a Note 7 in the first place.
and then gave them like 50% discount on the Note8
That's only useful to those who want to give Samsung another several hundred dollars, and who couldn't find an even better deal that the carriers offer even if you never owned a Note7.
 

chanchan05

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Offering refunds for a recalled device was legally mandatory, and it wasn't nearly enough. By the time my Note 7 was recalled, I had already traded in my Note 5, and there was no way to get another one in similar condition without spending an extra few hundred dollars, compared to not trading it for a Note 7 in the first place.

That's only useful to those who want to give Samsung another several hundred dollars, and who couldn't find an even better deal that the carriers offer even if you never owned a Note7.
Probably depended on your carrier. In other places, carriers allowed you to turn in the Note7 and replace it with any phone of similar value or close value as long as it's in stock. They also did not take back the freebies you got from the Note 7. Some took advantage of this and got freebies twice.

All in all Samsung already did more than was mandatory. They didn't have to give the Note7 owners discount on the Note8. And the point of that was reestablishing trust. It's like a relationship. Somebody ****ed up and tried to make it up to you. They only needed to do a certain thing, but they still gave more than what was mandatory.
 

chazglenn3

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I wasn't just referring to the owners that bought the Note 7. I was talking about those that actually had the phone catch fire and then cause damage beyond the phone.
 

Amele

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In case you weren't aware, Samsung has an arbitration only clause ( no lawsuits, no class action). You can opt out within 30 days of purchase by following these instructions:

"You may opt out of this Agreement by providing notice to Samsung no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by e-mail to optout@sea.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt-out email (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable)."

This is an excerpt of Samsung arbitration clause:

"YOU AND SAMSUNG EACH AGREE THAT ALL DISPUTES BETWEEN YOU AND SAMSUNG RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM THE STANDARD LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCT 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. "

https://forums.androidcentral.com/e...%2520Arbitration%2520Agreement&token=teTvJ55F

So is that 30 days from the preorder or the time you actually were charged and they sent the device?
 

jgraves1107

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Apr 18, 2011
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Probably depended on your carrier. In other places, carriers allowed you to turn in the Note7 and replace it with any phone of similar value or close value as long as it's in stock. They also did not take back the freebies you got from the Note 7. Some took advantage of this and got freebies twice.

All in all Samsung already did more than was mandatory. They didn't have to give the Note7 owners discount on the Note8. And the point of that was reestablishing trust. It's like a relationship. Somebody ****ed up and tried to make it up to you. They only needed to do a certain thing, but they still gave more than what was mandatory.
I didn't even bother with the half off. I bought the N8 at full price. I hated going to the iPhone but gave it a shot. It was ok up til Apple messed up my 7 plus that was 6 months old with ios11. Still had 2 working gear s2's on my account and the wife decided to test the N8 and bam here I am back on the sweet N8 too. I got 2 256Gb added cards and 2 vr. I also had been given 2 fast wireless chargers when I settled for the s7 edge. They even gave me $400 off my Verizon bill. Unless my N8 goes up in smoke they ain't got nothing to worry about. Plus most of the cases were proven to be false or over exaggerated. OP they can't hold you to the arbitration agreement. You don't have to opt out. If something happens just let them know kindly it may go public if you don't agree to settle. They will give you what you want as long as it's reasonable. They got my 2 grand and now my father is getting one. Sorry Samsung has my money because they went beyond what they had to for me and I won't stab someone in the back for a mistake they took way more time to fix. N8 is even better than the N7 was. Oh and they have already offered to send spare wireless chargers even though we just bout the N8's this week. Too much greed going round these days.