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I'm Keeping My Note 7

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RaymondP said:
What's more pertinent is that there are no penalties for us Note 7 owners! We cannot be compelled to comply with this recall!
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You've missed the point. This is an exercise in Samsung covering their arse, legally. Should a defiant user be stupid enough to attempt to sue Samsung for their house burning down, Samsung can demonstrate that they did all they could to encourage the return of the defective handset before it could become a liability.

That is what this action is about. Any steps taken to counter it leaves the responsibility purely with the defiant user thereafter.
 
Artstar said:
You've missed the point. This is an exercise in Samsung covering their arse, legally. Should a defiant user be stupid enough to attempt to sue Samsung for their house burning down, Samsung can demonstrate that they did all they could to encourage the return of the defective handset before it could become a liability.

That is what this action is about. Any steps taken to counter it leaves the responsibility purely with the defiant user thereafter.
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We can agree this is about Samsung covering its ass, but not about the full nature of it. Liability is one part, but corporate survival and dominance are being pursued, too. As far as the liability part goes, its for lawyers and courts to referee where the boundary lies for Samsung's obligation to protect the public, versus someone who purchased one of their devices right to determine its fate. I think Samsung can inform us all day long of its concerns. I don't think it should have a right to deprive us of our property that we bought and own, over a matter they officially characterize as a voluntary problem to address.
 
johnpjackson said:
We can agree this is about Samsung covering its ass, but not about the full nature of it. Liability is one part, but corporate survival and dominance are being pursued, too.
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Stemming from their desire to cover their arse from any further repercussions.

As far as the liability part goes, its for lawyers and courts to referee where the boundary lies for Samsung's obligation to protect the public, versus someone who purchased one of their devices right to determine its fate.
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Rubbish. You're combining two separate issues in this argument. This action demonstrates to the court that, short of sending in Chuck Norris to forcibly take it from you, they did all that they could to prevent further damage to the user and others around that user.

I don't think it should have a right to deprive us of our property that we bought and own, over a matter they officially characterize as a voluntary problem to address.
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Do you understand why it's a voluntary recall and not a mandatory one? Again, to help cover Samsung's backside if it were to get to the courtroom. Otherwise, rest assured, the US Product Safety Commission would've made it a mandatory recall. Your point is moot. If your claim that Samsung shouldn't have the right to cripple their devices like this was at all justified, there'd be another government authority, other than the CPSC, stepping in to act on it.

You bought it, you own it, sure. No argument there. However, you are an ongoing liability, to Samsung and to others. The bigger picture isn't just of you.

Furthermore, they're not depriving you of your money. You are offered the option of a full refund or exchange for another product of similar value. If you think that what Samsung is doing is an act of deprivation, you need to get a grip on your first world issues because it seems to me they have a firm grip on you.
 
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When your car fails its yearly safety and emmissions inspection do you have a tantrum then too? You have no right to the instrument if it is dangerous.
 
To be fair, cars are quite different, as they're large potential weapons which you share with other large potential weapons on public infrastructure. Not quite the same thing but I see what you're getting at.
 
The keyword is voluntary.

You assume all responsibility if it cooks off. Samsung is safe, You obviously on the other hand assume all responsibility for damages caused by your collectable.
 
Artstar said:
You've missed the point. This is an exercise in Samsung covering their arse, legally. Should a defiant user be stupid enough to attempt to sue Samsung for their house burning down, Samsung can demonstrate that they did all they could to encourage the return of the defective handset before it could become a liability.

That is what this action is about. Any steps taken to counter it leaves the responsibility purely with the defiant user thereafter.
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No you don't, you have no law or rule to back that up! I've certainly not missed the point! The law and rule clearly states the liability rests with the manufacturer whether or not a consumer complies according to the CPSC rules on product recalls! And since there is no time limit on product recalls that liability remains as long as affected phones are out there! Of course if someone were careless enough to allow their house to burn down and sued, I'm sure Samsung would provide evidence that the consumer were properly notified! But that scenario isn't what this fight is about! It's about the raw deals so many have gotten and are expected to accept! Now, I don't know what Samsung will eventually resort to in taking care of this liability problem, but I can say that so far they've taken steps that don't go outside of the law as it applies in the US! They own the software and hobbling the phone by updating the software is what they've done so far! When and if they do step outside the law that's when the proverbial $h1t hits the fan! Europe, the US and quite obviously and ironically Korea are three problem places for Samsung! Consumer laws in these areas evidently do not allow them to force compliance or to do any IMEI blocking else they'd have done it by now!
 
dontpanicbobby said:
The keyword is voluntary.

You assume all responsibility if it cooks off. Samsung is safe, You obviously on the other hand assume all responsibility for damages caused by your collectable.
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It's two-fold. A voluntary recall is where the manufacturer or supplier recalls the product on their own volition. There is no government requirement to act any further as long as they're satisfied the manufacturer/supplier are following legally sanctioned procedures.

In which case, the end user is not compelled to return the product as it's voluntary on their part as well.

But going back to my original point, Samsung are making sure all their bases are covered with their latest action and if they weren't within their rights to do so, we'd know about it by now, let alone Samsung's own legal team advising against it. If nothing else, it would raise the legal issue of the product not being fit for purpose and therefore has grounds for a refund or exchange accordingly. Either way, the customer is back to square one without any financial loss and Samsung has met all its obligations.
 
Artstar said:
(Do you understand why it's a voluntary recall and not a mandatory one?)

(Again, to help cover Samsung's backside if it were to get to the courtroom.)

Otherwise, rest assured, the US Product Safety Commission would've made it a mandatory recall. Your point is moot. If your claim that Samsung shouldn't have the right to cripple their devices like this was at all justified, there'd be another government authority, other than the CPSC, stepping in to act on it.

You bought it, you own it, sure. No argument there. However, you are an ongoing liability, to Samsung and to others. The bigger picture isn't just of you.

Furthermore, they're not depriving you of your money. You are offered the option of a full refund or exchange for another product of similar value. If you think that what Samsung is doing is an act of deprivation, you need to get a grip on your first world issues because it seems to me they have a firm grip on you.
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I've separated out two statements of yours in order to educate you on US recalls. A voluntary recall is one in which a company willingly participates with the CPSC in recalling a defective or dangerous product. Recalls are expensive and companies left to their own choice would not consider public safety by initiating a recall. 'Voluntary' has nothing to do with the consumer! A mandatory recall is one in which the CPSC had to go to court to compel a company to recall a defective or dangerous product! It hasn't been done too many times, but it's sad the few times that measure had to be taken! Wealthy corporate types again are more concerned with the bottom line than they are with public safety! Mandatory has nothing to do with the consumer although there have been instances where penalties were imposed on consumers (cars) who did not comply with a mandatory recall! That's not the case here. So as you can see you don't even know yourself the difference between the two and yet you're trying to school johnpjackson! It's about protecting and offering compensation to the public first, not limiting company liability!


dontpanicbobby said:
(The keyword is voluntary.)

You assume all responsibility if it cooks off. Samsung is safe, You obviously on the other hand assume all responsibility for damages caused by your collectable.
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I could have separated out everything you wrote, but just that one bit is sufficient! Same response I have to Artstar, I give to you! Your argument is built on very shaky ground of presumption and misinformation.
 
Artstar said:
Keep telling yourself all that RaymondP. Merry Christmas.
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Thank you, Samsu...I mean Santa is going to bring me something nice! I won't get it in time for Christmas but early next year is fine by me. I don't know what it will be yet, but if they continue on the path they are going, it'll be good! Happy Holidays!
 
kokiangel said:
Um, didn't you get a refund of the amount you paid for the phone? Just asking since you say you bought it.
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Some people are told they will get credit off their bills! Unscrupulous carrier nonsense! You have no idea of all the raw deals Note 7 owners are expected to accept! Some do because they are too timid.
InfernalByte said:
When your car fails its yearly safety and emmissions inspection do you have a tantrum then too? You have no right to the instrument if it is dangerous.
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Better tell that to the CPSC so they can revise their rules! As it stands now there is no lawful way to compel any of us to comply with this recall! Sorry to burst your 'alternate reality' bubble, but thems the facts! We are holding out for a fair deal, nothing you can say will change that!
 
Holding out for a fair deal?

I paid $xxx.xx for a Note 7. It got recalled. I traded it in for another Note 7. It got recalled, too. I turned it in and was refunded exactly $xxx.xx. Plus credit on my cell phone bill, a free 256GB microSD card and a free Gear VR.

I don't know what your definition of a "fair deal" is, but it must be a doozy because I'm pretty content :)
 
Yeah, it took 2 months a lots of phone calls to Verizon but I finally got my full refund from them back in my pocket plus 2 256 gb micro sd cards and a gear VR as well as a $200 gift card at Target for the 2 recalls on the Note 7 and the subsequent purchase of an S7. Plus Samsung also mailed me a check for the purchase value +$25.00. I'm at loss why on that one! While I can't say I am thrilled with my new S7, it will do until the Note 8 comes out. I can't say I'm hurting from the recall. :rolleyes:
I am actually waiting for one of them to ask for their money back. That ought to be fun!
 
I did. On the same day too. I have reached out to Samsung and asked them about their check but they insist so far that it was intended for me. I know Verizon owed me a refund as I had paid them for the phone so we are square there finally. That is why I keep waiting for Samsung to change their mind and ask for their check back. It is so strange after waiting so long with no refund to get 2 refunds on the same day and how Samsung even got involved is unknown.
 
The_Chief said:
Holding out for a fair deal?

I paid $xxx.xx for a Note 7. It got recalled. I traded it in for another Note 7. It got recalled, too. I turned it in and was refunded exactly $xxx.xx. Plus credit on my cell phone bill, a free 256GB microSD card and a free Gear VR.

I don't know what your definition of a "fair deal" is, but it must be a doozy because I'm pretty content :)
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It's not about you, you know! Your experience is not that same as everyone else's, but of course that wouldn't occur to you! Some people used upgrades to get the Note and have to negotiate to get those upgrades back! Some people are on payment plans and don't want to be stuck for two years paying for a phone they never wanted!!! Then there was the fact that Samsung was charging full price for replacement phones like the Note 5, about a year old! If you want to pay full price for a year old replacement phone, that's your decision! But don't expect everyone else to feel the same! On top of all this is the fact that there doesn't yet exist a phone that can truly compare! Recall your Mercedes and offer you a year old Hyundai sedan, don't think so! Some folks just want time for the S8, or something better to come out next year to avoid some of this! There are other reasons people are unhappy and they have good reason to be so! And all the time busybodies yammering about how stupid, selfish, dumb, inconsiderate...and everything else while not admitting that there have not been anymore instances of overheating! Not a one, so guess who was right! You gave yours up, good for you, somebody give this guy the gold star he's looking for! As I see it, it's no longer any concern of yours!
 
Wow, what an interesting diatribe. Are you done yet, or do you have anything else to add?

We ALL went through a bad autumn. Not one, but TWO recalls and all the accounting nightmares that go along with them. But blaming ME for you and other people being forced to use an older, inferior device for awhile is a bit misdirected, don't you think? Short of zapping into the future to buy a device and bring it back, we're ALL stuck with what else is on the market at the moment. So don't think you have any exclusivity there. I'm on a Note 4 again... not because I want it, but because I'm not willing to play the odds and put my wife, my dogs, my property and myself at risk if I hold on to a recalled Note 7 that decides to spontaneously combust in the middle of the night without warning. If YOU want to chance that, knock yourself out.

And it isn't a concern of mine... in fact, the only reason I'm still hanging out in this forum is because the Note 8 forum isn't live yet.
 
The_Chief said:
Wow, what an interesting diatribe. Are you done yet, or do you have anything else to add?

We ALL went through a bad autumn. Not one, but TWO recalls and all the accounting nightmares that go along with them. But blaming ME for you and other people being forced to use an older, inferior device for awhile is a bit misdirected, don't you think? Short of zapping into the future to buy a device and bring it back, we're ALL stuck with what else is on the market at the moment. So don't think you have any exclusivity there. I'm on a Note 4 again... not because I want it, but because I'm not willing to play the odds and put my wife, my dogs, my property and myself at risk if I hold on to a recalled Note 7 that decides to spontaneously combust in the middle of the night without warning. If YOU want to chance that, knock yourself out.

And it isn't a concern of mine... in fact, the only reason I'm still hanging out in this forum is because the Note 8 forum isn't live yet.
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Please, the only thing I blamed you for was being a busybody! I don't have to use a lesser device, you forget I'm keeping mine?! If you're happy with the choice you made, once again, good for you, that's YOUR right! It's not your business to tell other persons what choices they should make, that's OUR right! Today is D-Day for TMobile! Still happily tapping my reply on my Note 7!!!
 
Good for you. Blame me for encouraging people to turn in a known safety hazard that has been recalled by the manufacturer and the US Consumer Product Safety Commission. Keep it if you will, it's no skin off my back. Really.

Since this thread cannot possibly produce any constructive conversation going forward and is doomed to continue as a digital pi$$ing contest, there's absolutely no reason to keep it alive.
 
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