Cell Phone Providers and Manufacturer warranty

[sportfish247]

Warranty Repair Gone Bad!! Pay the Bill and get less.

What is the name of your state (only U.S. law)? California
I have a Virgin Mobile Phone that is Manufactured by LG electronics. This device failed about two months of use and Virgin Mobile would not replaced because it was bought from Amazon.com, a third party seller, but was covered under warranty and sent to LG for repair. LG repaired the device under warranty and then I could not activate it with the carrier, Virgin Mobile, because the serial number was not in their database. Over the course of 6 months the phone has been returned to LG 3 times, and I have been indirectly accused by Virgin Mobile Reps of having a counterfeit phone. I have since filed a complaint with the better business bureau, and Sprint Executive Services contacted me shortly after. They were quick to address the problem and help me activate my phone, and even credit my account for 30 days. Now I have a partially working phone with calls and text but no web. Both point the finger at the other, blaming each other for the problem. I now do not feel that I want to spend the money for monthly services on Virgin Mobile because of the service they provide. Under current US laws and regulations I can not change my carrier for this particular phone even though it is prepaid. The particular phone comes on several carriers as the same model. It is my understanding that changing carriers is prohibited to protect consumers from theft of their mobile devices or like in most cases to protect the carrier from losses when a contracted customer changes carriers for better rates. I feel this is a legality for higher courts because both the manufacturer and the carrier are not taking the correct steps to ensure customer satisfaction and protection, but just doing what they can to increase their profits at any cost. With the sophistication of these devices it should be as easy as entering your personal information and the device be up and running on whatever carrier. I can bring my number to a new carrier but not the phone, even though the number is what I purchased from the carrier not the phone. The cable company can't tell you what TV to buy or your Internet provider can't tell you what computers you can use. Even the car manufacturers or insurances companies can't tell you where to fill up your car or where you can drive yet cell phone providers can contract you into higher rates and tell you what phones you can use then charge you more whenever your not in their area. It is my goal to with the help of other individuals to express their frustration with cell carriers and get things going better for the customer. From Lost, Stolen and damaged phones I want to hear it all the extra costs and fees you incur during service as well as anyone who has something to say. Anyone who may have any information or comments please post. If you think you can help that would be a godsend, thank you.

 

[swalsh411]

Be sure to let us know when you have a legal question.

What you "feel" is of no relevance. You bought the phone knowing it could not be switched to a different carrier. You can buy "unlocked" phones which of course usually cost more. In addition, there are technical reasons why you can't get any phone to work on any carrier.

 

[sportfish247]

Warranty Repair Gone Bad!! Pay the Bill and get less.

Well my legal question being do I have any rights as customer to sue for losses and damages for time without service a not delivering on what they say their doing. The following was taken from LG support web-site; http://www.lg.com/us/support
LG CUSTOMER SERVICE PROMISE
LG is committed to giving our customers a premier service experience by...

Providing the Best Service
LG Customer Service Representatives are competent professionals with product knowledge expertise to assist customers with all technical support and service issues.

Showing Kindness & Respect
LG Customer Service Representatives will take care to put the customer first by providing the utmost courtesy, empathy, and respect in all interactions with our customers.

Fixing It Right the First Time
LG Customer Service Representatives respond with accurate information to provide fair solutions to all customer issues on the first interaction. We take ownership, set accurate expectations, and follow through on all commitments so we never disappoint our Customers.
Thanks for the Post swalsh

 

[justalayman]

sportfish247;3046226]Well my legal question being do I have any rights as customer to sue for losses and damages for time without service a not delivering on what they say their doing.

what does the warranty say to the issue. Generally most warranties for such appliances will specifically refute liability for any damages other than the phone itself. You can ask for anything you want though.

 

[OHRoadwarrior]

LG will likely reply that they fulfilled their warranty by replacing your phone with the same model and it is not their job to provide network software added additionally by a certain carrier.

 

[justalayman]

I do have a question:

was the phone full price or was it discounted? If it was discounted, you will never be able to change carriers without paying the early termination fee. Then it might be possible to unlock the phone although the carrier, most likely, will not unlock it for you.


the problem you are facing isn't as simple as wanting to switch carriers. To even consider switching carriers, your new carrier must use the same frequencies as Virgin Mobile. Then, the even bigger hurdle: the new carrier must accept your transfer to their system with you using your current phone. Most carriers will not do this. For the one that does, they can reprogram your phone to be recognized on their system. The problem: that carrier is not a nationwide carrier so the ability to do this is very limited.

so, while you gripe about Virgin not letting you go, the bigger problem is; nobody else will want you even if Virgin would let you go.

 

[sportfish247]

The Warranty

Thank you for the Posts I looked the warranty on the particular phone and it states it LG offers you a limited warranty that the enclosed subscriber
unit and its enclosed accessories will be free from defects in
material and workmanship, according to the following terms
and conditions:

The device is still not free of defects in the form of workmanship or programming whatever it may be.

(1) The limited warranty for the product extends for TWELVE
(12) MONTHS beginning on the date of purchase of the
product with valid proof of purchase, or absent valid proof of
purchase, FIFTEEN (15) MONTHS from date of manufacture
as determined by the unit�s manufacture date code.
(2) The limited warranty extends only to the original purchaser
of the product and is not assignable or transferable to any
subsequent purchaser/end user.
(3) This warranty is good only to the original purchaser of the
product during the warranty period as long as it is in the U.S.,
including Alaska, Hawaii, U.S. Territories and Canada.
(4) The external housing and cosmetic parts shall be free of
defects at the time of shipment and, therefore, shall not be
covered under these limited warranty terms.
(5) Upon request from LG, the consumer must provide
information to reasonably prove the date of purchase.
(6) The customer shall bear the cost of shipping the product to
the Customer Service Department of LG. LG shall bear the
cost of shipping the product back to the consumer after the
completion of service under this limited warranty.
2 WHAT THIS WARRANTY DOES NOT COVER:
(1) Defects or damages resulting from use of the product in
other than its normal and customary manner.
(2) Defects or damages from abnormal use, abnormal conditions, improper storage, exposure to moisture or
dampness, unauthorized modifications, unauthorized
connections, unauthorized repair, misuse, neglect, abuse,
accident, alteration, improper installation, or other acts
which are not the fault of LG, including damage caused by
shipping, blown fuses, spills of food or liquid.
(3) Breakage or damage to antennas unless caused directly by
defects in material or workmanship.
(4) That the Customer Service Department at LG was not
notified by consumer of the alleged defect or malfunction of
the product during the applicable limited warranty period.
(5) Products which have had the serial number removed or
made illegible.
(6) This limited warranty is in lieu of all other warranties, express
or implied either in fact or by operations of law, statutory or
otherwise, including, but not limited to any implied warranty
of marketability or fitness for a particular use.
(7) Damage resulting from use of non LG approved accessories.
(8) All plastic surfaces and all other externally exposed parts
that are scratched or damaged due to normal customer use.
(9) Products operated outside published maximum ratings.
(10) Products used or obtained in a rental program.
(11) Consumables (such as fuses).
3 WHAT LG WILL DO:
LG will, at its sole option, either repair, replace or refund the
purchase price of any unit that does not conform to this limited
warranty.
Is this a situation where the repair no longer conforms to the limited warranty?
LG may choose at its option to use functionally
equivalent re-conditioned, refurbished or new units or parts or
any units. In addition, LG will not re-install or back-up any data, applications or software that you have added to your phone.
It is therefore recommended that you back-up any such data
or information prior to sending the unit to LG to avoid the
permanent loss of such information.
4. STATE LAW RIGHTS:
No other express warranty is applicable to this product. THE
DURATION OF ANY IMPLIED WARRANTIES, INCLUDING
THE IMPLIED WARRANTY OF MARKETABILITY, IS LIMITED
TO THE DURATION OF THE EXPRESS WARRANTY HEREIN.
LG SHALL NOT BE LIABLE FOR THE LOSS OF THE USE OF
THE PRODUCT, INCONVENIENCE, LOSS OR ANY OTHER
DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF
THE USE OF, OR INABILITY TO USE, THIS PRODUCT OR FOR
ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY,
INCLUDING THE IMPLIED WARRANTY OF MARKETABILITY
APPLICABLE TO THIS PRODUCT.
Some states do not allow the exclusive limitation of incidental
or consequential damages or limitations on how long an implied
warranty lasts; so these limitations or exclusions may not apply
to you. This warranty gives you specific legal rights and you
may also have other rights which vary from state to state.
Do I have further Rights being a resident of California?

How would you proceed in this situation?
I have sent the device for repair 4 times now spent countless hours over the last 6 months on the phone with all parties and neither party takes responsibility for the issue but blames the other party. My particular phone is available on several carries as the same model phone specs wise, just branded with a different carrier label.
Its not that I expect to change the carrier on my phone but I expect something to change either Virgin Mobile replaces the phone with a different manufacturer or LG replaces the phone for another carrier and I will be happy. By crediting my account 30 days Virgin mobile has admitted some responsibility for the problem but that is not nearly suitable since it has been over 6 months now that I have been experiencing the problem.

 

[OHRoadwarrior]

2 WHAT THIS WARRANTY DOES NOT COVER:
(1) Defects or damages resulting from use of the product in
other than its normal and customary manner.
(2) Defects or damages from abnormal use, abnormal conditions, improper storage, exposure to moisture or
dampness, unauthorized modifications, unauthorized
connections, unauthorized repair, misuse, neglect, abuse,
accident, alteration, improper installation, or other acts
which are not the fault of LG, including damage caused by
shipping, blown fuses, spills of food or liquid.

From your own representation of the warranty, it would appear carrier specific software falls somewhere in these areas. LG disclaims their responsibility for carrier specific software issues.

 

[sportfish247]

Warranty Repair Gone Bad!! Pay the Bill and get less.

I do have a question:

was the phone full price or was it discounted? If it was discounted, you will never be able to change carriers without paying the early termination fee. Then it might be possible to unlock the phone although the carrier, most likely, will not unlock it for you.



the problem you are facing isn't as simple as wanting to switch carriers. To even consider switching carriers, your new carrier must use the same frequencies as Virgin Mobile. Then, the even bigger hurdle: the new carrier must accept your transfer to their system with you using your current phone. Most carriers will not do this. For the one that does, they can reprogram your phone to be recognized on their system. The problem: that carrier is not a nationwide carrier so the ability to do this is very limited.



so, while you gripe about Virgin not letting you go, the bigger problem is; nobody else will want you even if Virgin would let you go.

The phone was discounted online but is now advertised cheaper directly from Virgin Mobile now i didn't get a better price because i signed a contract. This is a prepaid service so there is no contract on the phone. From a Legal stand point could the regulations in place be challenged for prepaid service. How is it that when you pay retail for a something the carrier still owns more than you? Cable companies and internet providers do have this kind of power over what we use to access their service.

 

[sportfish247]

Its more of a functionality problem than a software issue

From your own representation of the warranty, it would appear carrier specific software falls somewhere in these areas. LG disclaims their responsibility for carrier specific software issues.

Initially I couldn't activate the replacement phone because the serial number was not in Virgin Mobiles system and they told me it does not exist, then after escalating the case through the process I was able to get a partial activation. The problem is definitely in the procedure LG uses to program replacement phones and virgin mobile does not have access to be able to program the phone correctly. There have been no software issues with the device it works fine over wifi as well as to make and receive calls and txts but does not get web over the cellular network.

 

[justalayman]

sportfish247;3046258]The phone was discounted online but is now advertised cheaper directly from Virgin Mobile now i didn't get a better price because i signed a contract.

so, just how much did you pay for the phone? There is discounted and there is discounted. Realize that a typical phone costs over $300 retail with many phones over $600 retail.

This is a prepaid service so there is no contract on the phone.

ah, yes. I forgot that.

From a Legal stand point could the regulations in place be challenged for prepaid service.

You can unlock your phone. As I said, the bigger problem is getting any other carrier to accept it on their service. They are not required to and almost everybody refuses.

How is it that when you pay retail for a something the carrier still owns more than you?

they don't. In fact, in a prepaid service, the carrier owns nothing. You can do whatever you want to with the phone and Virgin mobile has nothing to say about it.

Cable companies and internet providers do have this kind of power over what we use to access their service.

cable companies generally require you to use their equipment to receive their service. The ISP's do not as far as I know. I can use any modem that meets their standards.

 

[Zigner]

Thank you for the Posts I looked the warranty on the particular phone and it states it LG offers you a limited warranty that the enclosed subscriber
unit and its enclosed accessories will be free from defects in
material and workmanship, according to the following terms
and conditions:

The phone has no defects in material or workmanship. The phone functions exactly as it was designed to. This warranty does nothing for you.

 

[ecmst12]

There have been no software issues with the device it works fine over wifi as well as to make and receive calls and txts but does not get web over the cellular network.

This is an issue with your carrier, not the phone itself.