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

[bkrell]

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!

I meant I'm not going to go out and intentionally try to make it fail in order to get a new one. I know they advertise the phone in water. That's why I bought it. I drove that point home in other parts of the conversation that i didnt paste into the post. I WANT a phone that meets the IP68 standard post-Samsung's assurance their manufacturing defect is resolved. Not one where the only guarantee is "Hey it may work, may not. If it doesn't in a year's time, send it back." I've owned an S4 Active and didn't live in constant fear that Samsung is just crossing their fingers that my phone holds up. And remember, until all this kerfuffle with Consumer Reports and CNET, Samsung wasn't even actually guaranteeing the phone for water damage.

 

[Law2138]

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

No offense taken. I actually feel my comments are relevant to the discussion at hand because 1. The same issues I experienced as an S6 Active owner are present in the S7 active and 2. I can relate to those who spend a decent amount of money on something that under performs. My displeasure with Samsung has largely been in part of their warranty stance in which they were forced out of by Consumer Reports. Other than the fact these devices can fail well below their advertised threshold, they're great. Top of the line camera and screen are two of the things I certainly miss.

So yeah, I'm displeased and will continue to discuss how displeased I am about my experience until I'm ready to move on.

Posted via the Android Central App

 

[jlczl]

I'm with you guys, I want a device that won't break down either. Guess what? That doesn't exist anywhere. Even that Jeep will break down on a dirt road sometimes. Good thing though that Samsung has said they'll warrantee it if it does mess up though.

 

[bkrell]

I'm with you guys, I want a device that won't break down either. Guess what? That doesn't exist anywhere. Even that Jeep will break down on a dirt road sometimes. Good thing though that Samsung has said they'll warrantee it if it does mess up though.

I think everyone accepts that hey, sometimes things happen to phones. But using Law2138's Jeep analogy, I think the point I'm trying to make is if that Jeep breaks down because of a manufacturing defect that Jeep acknowledged was there, we would expect there to be a recall or something. Obviously that doesn't always happen in the real world.

What we had was, AT&T and Samsung bragging about their "Jeep's" ability to go offroad and then having the wheels fall off the second it went off the pavement. And their response still at this point is the equivalent of:

"Hey, we forgot to tighten all the bolts on some of the Jeeps. We aren't going to tell you which VIN numbers. Don't bring it back to us to check it out. If you have a wreck, we'll take care of you, though!"​

 

[jlczl]

LOL comparing it to a situation that could actually kill a person........ but I get what you're saying.

I would compare it more though with something like faulty gaskets on the windows sometimes leaving a crack so when it rains you end up with a wet door and/or seat (or any other issue not safety related) and Jeep responding that they're not going to do a recall but if it happens to you go ahead and bring it in and we'll take care of it for you.

I guess we'll agree to disagree, it's all good.

That being said I would totally be in agreement with Jeep being held responsible in the manner such as the OP is suggesting. That's why I'm for this when it comes to my phone as well.

 

[bkrell]

LOL comparing it to a situation that could actually kill a person........ but I get what you're saying.

I would compare it more though with something like faulty gaskets on the windows sometimes leaving a crack so when it rains you end up with a wet door and/or seat (or any other issue not safety related) and Jeep responding that they're not going to do a recall but if it happens to you go ahead and bring it in and we'll take care of it for you.

I guess we'll agree to disagree, it's all good.

That being said I would totally be in agreement with Jeep being held responsible in the manner such as the OP is suggesting. That's why I'm for this when it comes to my phone as well.

Yeah but nobody bought the Jeep because it had the best window gaskets. Jeep doesn't make commercials bragging about its window gaskets, lol.

But I just want to make sure, because i see it mentioned elsewhere by some, that I'm certainly otherwise totally happy with my phone. I wouldn't want any other phone to replace it. After spending the last almost 2 years with an iPhone 6, I'm amazed at how far Android has come and how much nicer Galaxys are.

 

[planoman]

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

Yes, but said Jeep could break down very easily and probably would given Jeep's reliability record. And that cost a lot more than $795. I bought my S7 Active on June 11 and after all the complaints started I bought a 2 year square trade warranty to cover my S7 Active. To expect a mechanical device to never fail is not realistic. To not have insurance on a $795 electric device that you are going to subject to water is your responsibility.

 

[planoman]

I meant I'm not going to go out and intentionally try to make it fail in order to get a new one. I know they advertise the phone in water. That's why I bought it. I drove that point home in other parts of the conversation that i didnt paste into the post. I WANT a phone that meets the IP68 standard post-Samsung's assurance their manufacturing defect is resolved. Not one where the only guarantee is "Hey it may work, may not. If it doesn't in a year's time, send it back." I've owned an S4 Active and didn't live in constant fear that Samsung is just crossing their fingers that my phone holds up. And remember, until all this kerfuffle with Consumer Reports and CNET, Samsung wasn't even actually guaranteeing the phone for water damage.

OK, I hear you. But you would not have to intentionally do anything. Put the phone in water for 30 minutes and if it fails, exchange it. My phone meets the IP68 standards and has been in my pool several times, but I still have square trade if it does not. Life is to short to live in "Constant fear" over a phone. The phone is covered, you just do not like the terms. Anyways, good luck to you. I am going to be posting about what I love about my S7 Active and live with no fear! lol!

 

[Slade8525]

Thanks, from both of us! We don't hear that too often.

Right is right, wrong is wrong; no one needs to worry about what was billed as the most durable phone available; I'll reach out to everyone first week of August on this S7 Active forum in regards to this matter. Power in numbers.

Stay tuned...

 

[bkrell]

Yes, but said Jeep could break down very easily and probably would given Jeep's reliability record. And that cost a lot more than $795. I bought my S7 Active on June 11 and after all the complaints started I bought a 2 year square trade warranty to cover my S7 Active. To expect a mechanical device to never fail is not realistic. To not have insurance on a $795 electric device that you are going to subject to water is your responsibility.

I HAVE insurance through AT&T and I don't expect it never to fail. But, in case you didn't notice, these failures occurred almost immediately after purchase. I'm not talking about "Hey, one day, something MIGHT happen to this phone so I'm ANGRY!" The phone simply had a defect, evidently. Samsung fixed it and good on them. But don't make it a hassle to rectify the mistake for those of us that rushed out to buy this phone as soon as it came out.

 

[Slade8525]

PLEASE keep on topic and post IF you've had an issue within warranty specs and within reasonable usage/IP68 specs. concerns and discussions are NOT what this thread was about (no offense, im just trying to correlate data, find users with faulty units, and hold samsung up to their legal obligations based on advertised specs to consumers).

Again not trying to offend anyone, but this thread is about a pending compliance/advertising/warranty issue, especially now samsung has acknowledged a flaw, and we are seeking recompense/replacements/etc so lets keep it on point. We will shortly reach out in regards to users/info/circumstances/specs to approach samsung with; so please keep to facts, conversations with ATT/samsung, etc. makes it easier as we are doing this pro bono, as its the right thing to do, both as legal/ad specialists, consumers, and with regards to what samsung should do to make it right for you/us consumers.

Thank you,

Slade8525

 

[Mal Lignant Tumor]

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'm in. Thanks for the efforts. Keep us posted with updates.

 

[Slade8525]

This stuff does take time, and GF and i do work full time plus, and have a family, but we are on this as well. We have one solid, well documented case of failure of an early production model device, and may test both of our devices in the methods previously stated, documented, in 1 shot, with standardized, STP (standard temperature/pressure) corrected values, within 15% safety margin of IP68 rating specifications for immersion depth and time, to see if either of our devices will fail; waiting on a response from samsung in regards to their compliance and methodology on IP68 certification/representation to move forwards.

 

[Slade8525]

UPDATE

made some headway with Samsung legal department, we cant disclose anything further, but they are willing to discuss an amicable solution for affected users.

 

[Mal Lignant Tumor]

Excellent news. Continue to keep us up to date. And Thanks for your efforts!

 

[FLTimmyB]

Fantastic news...great job

 

[TylerLV76]

...they are willing to discuss an amicable solution for affected users.

I wonder what they will feel is amicable.I dont even know what I feel is amicable at this point.

 

[tkuhe]

I wonder what they will feel is amicable.I dont even know what I feel is amicable at this point.

I just want a phone that does what they said it would do... Doesnt seem like a lot to ask for.

 

[TylerLV76]

I just want a phone that does what they said it would do... Doesnt seem like a lot to ask for.

Thats proving to be more challenging than I think they were prepared for. Not only is the Active failing in water, so are the edge and standard S7. Im not even going to consider getting my Note 7 wet at this point.

Since I truly dont believe they will recall all the phones before the "fixed" date of mid July, I would be satisfied with all phones before that date getting a 2 year warranty that includes water damage as long as the device hasnt been abused. That or the option to exchange the device for one "guaranteed" to function properly. They also need to acknowledge the issues in the rest of the 7 line, not just the active because it made the news.

We can all dream right?

 

[FLTimmyB]

Maybe a factory fresh replacement after issue date or swap to like model ...just a SWAG