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story category Cell Phone Lemon Laws
Illinois to be the first to consider it...
(old news - 12:38PM Monday Apr 23 2007)
tags: legal · business · wireless · hardware
Tipped by BuzzDar See Profile
A Chicago Democrat is sponsoring legislation to create a "cell-phone lemon law" that would let wireless customers out of their contracts should their phones need replacing or repairing three times. According to the Chicago Tribune, damage caused by the consumer would not be included in the bill's wording.

As you might expect, consumer advocates love the idea, but those in the industry say it's unfair to hold the provider accountable for defects related to a product manufacturer. "This provides a road map for customers to get out of their contracts if all they do is complain aggressively enough," complains Verizon's Mike McDermott.

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Forums » Cell Phone Lemon Laws
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AnonProxy
Proxy of Anon
Premium
join:2001-05-12
ß

Isn't this already covered

as a consumer protection thing?

How many "lemon" cell phones are there?
switchman

join:1999-11-06
Grand Prairie, TX
·RoadRunner Cable


edit:
April 23rd, @12:58PM

Re: Isn't this already covered

The Nokia 3120b is a lemon in my opinion, I have gone through three of them. They turn themselves off. Other guys in my group have the same problem and have gone through several each.

A better solution in my opinion is a problem phone such as this should be replaced at the providers expense with a different model.
quatrix

join:2005-02-11
Davie, FL

Re: Isn't this already covered

My 3120 has never "turned itself off" unless I let the battery run out. It's been working pretty well for me.
matrix3D

join:2006-09-27
Deep River, CT

Re: Isn't this already covered

Not sure about your situation but I can state from experience that the Samsung ACH960 (I think that was the model... not sure and don't really care enough to look it up) is a total piece of crap. Within a couple of months of receiving each new unit, the screen would crap out. I believe it was a design flaw in Samsung's swivel joint (it was a clamshell design phone) that most likely would severe or damage the wires that drove the screen. I know it wasn't just me -- several other people I know had/have the same phone and experience the same problem.

Yauch

join:2005-06-24
That might be the best possible solution for a compromise. I would imagine the Telcos would rather be forced to replace the phones, yet retain a customer rather than lose a contracted customer.

Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:
·Embarq

said by AnonProxy See Profile :

How many "lemon" cell phones are there?
Having done wireless support, I talked to a few people that had some really bad luck. One guy was on his third cell phone and they all did not work out of the box. He was pretty pissed by this point.
8744675

join:2000-10-10
Decatur, GA

The proposed law doesn't go far enough, it should also let you out of your contract once you find the service sucks...no coverage in areas you frequent, too many dropped calls, lying salesmen and selling you handset insurance that is worthless when your phone breaks. Whenever a friend on Verizon in NYC calls, his call gets dropped at least twice before we finish talking. After 3 years paying $3.95 a month for handset insurance, my phone broke when I dropped it in water. It still cost me $30 plus another 2 year contract to replace my so-called insured phone. I told them to cancel the handset insurance on the new phone, it was on my first bill for the new phone. I was told the new phone had a $30.00 rebate, which was rejected when I sent it in because it wasn't the right model number.

The phone works just fine, it's the service and cheating bastards that work for Verizon who are the lemons that need to be squeezed.

morbo
Complete Your Transaction

join:2002-01-22
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clubs:
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edit:
April 23rd, @02:04PM

Re: Isn't this already covered

maybe not the proposed law, but the existing rules cover you for service: if you are within the 15 or 30 days at the beginning of your contract, you can get out of it. i believe this is standard practice within the wireless community.

plus, i would avoid handset insurance. like "inside wire maintenace" provided by telcos, it doesn't seem worth it.

Anubis Prime

join:2001-06-01
Pittsburgh, PA

Re: Isn't this already covered

I had several instances where the problem was inside phone wiring. That policy saved me hundreds of dollars.

morbo
Complete Your Transaction

join:2002-01-22
00000
clubs:

Re: Isn't this already covered

really? how many years have you been paying for it, though? at $5 a month, in 3 years you are at $180 for "maintenance".

Anubis Prime

join:2001-06-01
Pittsburgh, PA
·Comcast


edit:
April 23rd, @03:05PM

Re: Isn't this already covered

It's like 4 bucks a month.

My total bill for rewiring 3 rooms that had what looked like depression era wiring at then $80/hr would have been more than $400. The guy was here more than half the day.

There was a second instance where the basement phone line feeding the entire house was bad. All the phones were "crackly". They came and replaced that as well.

So, I'm still ahead at this point.

morbo
Complete Your Transaction

join:2002-01-22
00000
clubs:

Re: Isn't this already covered

i've thought about using the system to get some rewire "free", but if it ain't broke...

are you going to keep it?

Anubis Prime

join:2001-06-01
Pittsburgh, PA
·Comcast

Re: Isn't this already covered

Oh yeah I am.

My house is old, so there's no telling what's going next. I've always paid up front for warranties for my major appliances, etc. and I've had to use them for my TV, phone lines, dishwasher, washer/dryer and A/C unit.

Every time I've said to myself I'm glad I paid the extra $50 or whatever.

I know some people whom never use warranties AND have no problems at all.

That doesn't seem to be congruent with the streak of bad luck I've had over the years. Warranties are a necessity for me.

morbo
Complete Your Transaction

join:2002-01-22
00000
clubs:

Re: Isn't this already covered

i guess everyone has their comfort level with risk.
Mark Uhde

join:2003-07-26
Kalispell, MT

It's phone wiring. You're on DSL reports. Go down to Home Depot, get yourself a spool of CAT5e and just rewire the whole house. Add a punch block and central wiring location if you feel like doing a really nice job. Far cheaper than your inside wire maintenance plan...

PhiloVance

join:2001-11-20
Bakersfield, CA
·Suddenlink

Re: Isn't this already covered

That sounds fine if you're a 30 something, but if you're closing in on 70, like me, it's better to have insurance or maybe one of your kids as a telelphone geek.
--
My mechanic told me, "I couldn't repair your brakes, so I made your horn louder."
ive34

join:2005-07-16
Jane Lew, WV
about the headset insurance i would purchase it becuase it covers ur phone if damaged and stuff like that... TRUST me lol it did for me

provider is Ntelos

blackflag

join:2006-01-31
Lakeland, FL

said by AnonProxy See Profile :

as a consumer protection thing?

How many "lemon" cell phones are there?
Razr's. Should be a law just for them.

Sysadmin
Premium,MVM
join:2000-07-07
Sacramento, CA
·Pacific Bell - SBC

I've got a few Motorola Q users at work that are on their 3rd phone in less than 6 months.

It just seems to me that cell phones, as they get more complex (email & can be used as a modem for laptops) they have more problems working out all the bugs. They push these new phones out way too soon.

tc1uscg

join:2005-03-09
Saint Clair Shores, MI
·Comcast
·WOW Internet and C..
·VoiceEclipse

Treo 700XXX... Just because telco's replace the phone doesn't mean everything is ok. My niece's 700p was replaced at 2 months, and yesterday, she called to report it was reseting itself every 20-30 seconds. She went to a sprint store and they did a "hard reset". From what I've seen, these phones leave a lot to desire. If you got one that works, it's outstanding. But some, even a software flash can't fix (bad chips.. hello, Sprint.. anyone asking questions). I'm all for the 3 strikes your out but it should be for the life of the contract, not phones warranty. If your phone has to be down for 3 times, you get out of the contract or get a replacement NEW phone of your choice up to the same MSRP of the phone your replacing. Bad for your bottom line but shows your willing to stand behind POS phones that are on the air...

hahathisisgreat

@cox.net

Nice....

So I can smash my phone 3x spin around and BANG! I'm out of a contract? that's awesome. Cell phone companies always stick it to the consumer, if this law were to pass the people would be sticking it to the man.

I doubt this law will ever see the light of day though.
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Nice....

said by hahathisisgreat :

So I can smash my phone 3x spin around and BANG! I'm out of a contract? that's awesome. Cell phone companies always stick it to the consumer, if this law were to pass the people would be sticking it to the man.

I doubt this law will ever see the light of day though.
Nothing like an anonymous child trolling spam.

A quote from the first paragraph, second (and last in that paragraph) sentence of the DSLR teaser:
According to the Chicago Tribune, damage caused by the consumer would not be included in the bill's wording.
So kids (and adults) like you would only be wasting your own money.
--
I am not lost, I find myself every time.

ninjatutle

join:2006-01-02
San Ramon, CA

Dumb

This just proves that Midwesterners are...

CrazyFingers

join:2003-10-01
Columbia, MO

Re: Dumb

Boy are we!
Why , I done forgot to put my shoes on this mornin, but shucks, I only gots me one pair, so you can see how that might be hard.
It's a good thing we gots yall smart west coast boys to show all us dumb hicks about common sense, efficiency, rationality, responsible government, and all them big words that makes my thinker hurt!
--
Burrow owl...burrow owl...
pbaldwin

join:2002-12-17
Dupo, IL
·Wisper

I kinda take offense to that considering your from California. I think our fine lawmaker must have been educated in California. California is after all the breeding ground for "Let the government take care of your problems since you're insipid little dweebs".

As to the law. Don't really see the need. If the phone doesn't work just have it replaced. If the same model keeps acting up request a switch. Worked for me.

jslik
That just happened
Premium
join:2006-03-17
clubs:
Uhhh, sorry, but nobody from California should be complaining about other people's lack of intelligence.

(I honestly don't want to start a flame war here. We all live in glass houses, so don't throw those boulders)

Chuckles
Premium
join:2006-03-04
Saint Paul, MN
I moved here from California. Maybe that's why midwesterners are dum. Because of the migration of Californians?
--
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bigjimc

join:2003-04-21
Middleboro, MA

Re: Dumb

Is that artificial intelligence?

DaSneaky1D
Tell me, where is your father?
Premium,MVM
join:2001-03-29
The Lou
Yeah, we sure are dumb...

»Re: Zen office
--
:: my trivial ramblings ::
dentman42

join:2001-10-02
Columbus, OH
·AT&T Midwest

said by ninjatutle See Profile :

This just proves that Midwesterners are...
Let's see "ri.ri.cox.net"... RI=Rhode Island? Yep. We're so dumb we know that Rhode Island isn't the midwest unlike you brilliant left coasters...

ninjatutle

join:2006-01-02
San Ramon, CA
·AT&T U-Verse
·AT&T Yahoo
·Sprint Mobile Broa..

Re: Dumb

said by dentman42 See Profile :

said by ninjatutle See Profile :

This just proves that Midwesterners are...
Let's see "ri.ri.cox.net"... RI=Rhode Island? Yep. We're so dumb we know that Rhode Island isn't the midwest unlike you brilliant left coasters...
Enough said.
DustinR

join:2001-12-03
Ottawa, IL
I think making a sterotype of anyone is dumb. (This included)
moonpuppy

join:2000-08-21
Glen Burnie, MD

If the phone is locked.....

....then it it the problem of the providers.

Some places won't activate phones you do not buy from them. Verizon and Sprint do not use SIM cards so you are kinda stuck with what they offer.

Dagda1175

join:2001-06-17
Goleta, CA

Stupid.....

If a phone sucks, blame the manufacturer. Plain and simple. It is not that difficult to tell if your problems have to do with the phone or the service.
karlmarx

join:2006-09-18
Nashua, NH
·Fairpoint Communic..

Re: Stupid.....

The problem is, that the providers lock the phone to you. So if you DO get a 'lemon' phone, the provider sold you that lemon, and you should be able to get out of the contract. I personally despise contracts, which is why I only use prepaid now. If the US would get off it's ass, and use SIM cards, like the rest of the world, the CONSUMER would have a LOT more choices, and would get a LOT better pricing.\
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moonpuppy

join:2000-08-21
Glen Burnie, MD

Re: Stupid.....

We do use SIM cards in this country (T-Mobile, Cingular (the new ATT)) and the phones are still locked to a provider.
dentman42

join:2001-10-02
Columbus, OH
·AT&T Midwest

Re: Stupid.....

said by moonpuppy See Profile :

We do use SIM cards in this country (T-Mobile, Cingular (the new ATT)) and the phones are still locked to a provider.
T-Mobile will give you an unlock code every 60 or 90 days.

exocet_cm
Signal 26's Rock
Premium
join:2003-03-23
New Orleans, LA
clubs:
·Cox HSI
·Network Telephone ..
·Suddenlink
·Cingular Wireless
·AT&T Southeast

Blackberry 7290

Is a freakin workhorse! I've dropped this thing so many times, a few times with the screen being hit and it works no problem. A scratch or two on the plastic back cover is all to show for the damange. It is great!
--
"I have measured out my life with coffee spoons..." - T.S Eliot
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verolom

join:2002-03-23
Eatontown, NJ
·Comcast

Re: Blackberry 7290

Well, talk to us in 18 months when the thing is absolutely dead but you still have another 6 months of hell under your wireless contract left.

Prepaid SIMs is the way to go. Why should service providers decide on your equipment and tie the cost for it to a contract?
axus

join:2001-06-18
Washington, DC

I'd vote for that

What's not to like about this proposed law? It sounds like it even handles the "you voided the warranty by replacing the battery" type of response.
rickonline

join:2005-11-15
North Bergen, NJ

My version

I have a slightly different version of this. I propose that if your bill is incorrect 3 times then you are allowed to cancel your contract. The bill is a cell phone company's product, not the phones. This would be much more consumer friendly and more in line with reality in terms of consumer frustration.

__________________
--
Rick
emptywig
Huh? What?
Premium
join:2002-08-05
Pasadena, TX

Re: My version

Beautiful.

But I still want to pick my own phones.

wig
--
Sometimes a paradox is just a paradox

John_W
Premium
join:2000-04-25
Worcester, MA
clubs:

A bit self serving?

The oddest thing I noticed about this bill is that it wasn't brought about because of a public outcry of being taken advantage of by the cell phone companies. But the fact that this legislation was brought about because an Illinois legislator got frustrated when her Motorola Q phone broke 3 times.

"SPRINGFIELD -- The first time her new Motorola Q phone went on the fritz, she thought it was a fluke. When her phone had to be replaced a second time, she got frustrated.

When it malfunctioned a third time, Rep. Susana Mendoza was fed up.

"I thought something had to be done about this. Then I thought: Wait, I can do something about this," said Mendoza, a Chicago Democrat who is sponsoring legislation to create a cell-phone lemon law."


Had her phone not broke but there was a public outcry for some legislative protection against defective phones, do you really think that this bill would be around?? I don't.
--
Team Discovery

CrazyFingers

join:2003-10-01
Columbia, MO

Re: A bit self serving?

I see this bill dying quietly in committee after Rep. Mendoza gets a large campaign donation from the cell phone lobby.
--
Burrow owl...burrow owl...

ninjatutle

join:2006-01-02
San Ramon, CA
It just proves that she's not smart enough to operate a Smart Phone. She should have gotten a plain jane Nokia with nothing fancy.

shaner
Premium
join:2000-10-04
Calgary, AB

Re: A bit self serving?

said by ninjatutle See Profile :

It just proves that she's not smart enough to operate a Smart Phone. She should have gotten a plain jane Nokia with nothing fancy.
No, not really. A bill like this might put Motorola out of business, and that, is a good thing.
--
Click this and read. -> »www.actsofgord.com/
»Canadian Wireless FAQ
I'm laying pipe,
all night long,
laying pipe,
to satisfy that woman.
- David Wilcox

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Warranties Not Good Enough?

I and other people I know have replaced & repairs many phones through the warranties that came with the phones (not with an extended warranty). What sort of injustice would this law attempt to address?
--
Only SHATNER is Kirk.

ff1324
Where did the time go?
Premium
join:2002-08-24
On Four Day

When service quality plummets

How about a lemon law for the service quality. Nextel's cellular service has been spinning down the toilet around St. Louis...unless you want to buy a new hybrid phone (which quite frankly SUCK!). I have another year in the contract and then we are OUT OF HERE with Sprint/Nextel. Verizon or Cingular will be the next stop.

AOLBites

join:2002-11-10
Lakewood, OH

Re: When service quality plummets

The reason of nextels diminishing service lies with boost prepaid service Its more popular then expected and its putting a strain on nextels towers. sprint/nextel are adding towers but the amount of new nexel boost users are growing faster. I know I am pissed too cause I have nextel. If you talk to sprint you could switch to sprint pcs from nextel without paying the 200 dollar early cancellation charge right now and get better service.
--
(sig was too long)
krichek

join:2004-02-15
Roseville, CA

Great!

Hell, I'll be in the minority I guess and say I'm all for it! As someone that's currently on their 6th Sprint branded PPC6700 since Nov 2005 I'd be one of the first in line. If it were some $49 throw-away piece of crap phone I wouldn't care and could see why some feel the way they do. But when you spend almost $650 for a phone that is obviously plagued with problems its entirely different.

And getting Sprint to replace it with something else, if they even had something comparable? Good luck with that!!!
emptywig
Huh? What?
Premium
join:2002-08-05
Pasadena, TX

Re: Great!

When you live on the bleeding edge, you have to be prepared to bleed.

People laugh at me because I'm still using an ancient Sprint/Qualcomm phone that's as big as my fist.

But its paid for. Years ago, in fact.

It still works.

It does what its supposed to do - make phone calls.

And I didn't pay anything like $650 for it.

Just poking fun,

wig
--
Sometimes a paradox is just a paradox
dentman42

join:2001-10-02
Columbus, OH
·AT&T Midwest

Re: Great!

During the 6 years I had Sprint, I had 2 phones - a Qualcomm 2760 that was $15 after rebeates (for 2 consecutive 1-year contracts) and then a Sanyo 4900 that was $50 out the door with instant rebates and a new 2-year contract (stayed on that plan month-to-month afterwards. More minutes and usually lower price than the newer plans). I ended up dropping them mostly for pricing - I averaged less than 10 minutes a month, and Tmobile prepaid is a lot cheaper for that usage ($100=1000 minutes good for a year with rollover). In the areas where I use the phone (especially in my house) Tmo's coverage is much better too.
krichek

join:2004-02-15
Roseville, CA

said by emptywig See Profile :

When you live on the bleeding edge, you have to be prepared to bleed.

People laugh at me because I'm still using an ancient Sprint/Qualcomm phone that's as big as my fist.

But its paid for. Years ago, in fact.

It still works.

It does what its supposed to do - make phone calls.

And I didn't pay anything like $650 for it.

Just poking fun,

wig
Honestly for some it has nothing to do with the bleeding edge. Case in point. I used to be right handed. I lost the use of my right arm while in the military. I rely heavily on my phone for everything from scheduling appointments to writing up grocery lists as I have not been very successful at learning to write left-handed.

I'm kind of stuck with Sprint because they are the only major carrier that offers a military discount, I need unlimited texts, and I need 3g data at a decent price. When I add it all up I can't find a better deal price wise anywhere for what I'm getting now. Although I sure wish I could switch to a Sero plan.

Anyway I can certainly understand where you are coming from, some people do have more money then sense and will drop whatever it takes just to be first. Then there's the other side...
emptywig
Huh? What?
Premium
join:2002-08-05
Pasadena, TX

Re: Great!

Hey man, as far as I'm concerned, anybody living with the loss of an arm IS living on the bleeding edge, and I don't mean that as any sort sick pun. Respect due.

wig

PS And thank you for your service.
--
Sometimes a paradox is just a paradox

linicx
Caveat Emptor
Premium
join:2002-12-03
United State
Why can't you have Sero? It's awesome!
jokersreveng
Premium
join:2006-01-12
Willowbrook, IL

Forces at play

The reason why the manufacturer isnt responsible in this bill (my opinion) is that motorola hq is right up in hoffman estates (north west burbs). Oh the tangled web we weave.
Joe12345678

join:2003-07-22
Des Plaines, IL

Re: Forces at play

manufacturers do not have 100% control of the software on phones and a phone that breaks may have something to do with the Cell phone companies network, software and so on.

FutureMon
The Shrill One
Premium,ExMod 2002-05
join:2000-10-05
Colorado Springs, CO
clubs:

Ha! Pictured a Treo 650 for this article. Priceless!

The exact Verizon phone I had was a Treo 650 and I had to have mine replaced 3 times before I finally went to another model of phone - and I had to pay retail for it because I wasn't at the end of my "new in 2" promotion.

The original retail Palm 650 I got was good. However, once it had it's first critical problem (keys stopped working) I used the insurance to get a replacement. All 3 replacements, of course, were refurbs, and had the same type of problem within 30 days of receipt.

Verizon puts new phone models through rigorous quality control before they offer them to customers. But they need to improve on their refurb QA or at least hold their refurb supplier to a higher standard than they currently do. (i.e. crossing their finger that their supplier did a good job)

I think they should allow people out of contract if they have had to replace their phone 3 times, UNLESS they are offered a different model (of equal value) and they refuse.

I was very miffed that I had to pay full price for a different phone after all the trouble I had with the palm treo. Changing providers isn't an option for me because unfortunately, I think Verizon has the best service of them all.

- FM
--
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insomniac84

join:2002-01-03
Schererville, IN

Definitely great idea!

My friend is on his fifth razor and no matter what they won't give him a different phone. They work fine for a few days then they start dropping and missing calls like crazy.

AOLBites

join:2002-11-10
Lakewood, OH

Re: Definitely great idea!

razrs are pieces of crap they were the first thin phone and for the time they were cool looking etc. but there really delicate and don't get the best signal it even worse for non gsm carriers like verizon altel and sprint. Especially verizon which has a proprietary lg designed firmware on there razr not the Motorola firmware.
--
(sig was too long)
jokersreveng
Premium
join:2006-01-12
Willowbrook, IL

Beg to differ

My razr is a workhorse. Its been dropped many many times and keeps chugging along. And the reception is better than any other carrier in my area (northern illinois, including chicago area)
lawrence171
Evilly Yours - Evilness

join:2001-12-24
Canada

SamSung :O


Illinois alone will bankrupt Samsung's mobile division.

viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL

Re: SamSung :O

I have used LG phones and never had any problems except for 1 time. I had a LG flip phone and the hing broke. I was able to get it replaced under insurance and it worked till my service was up for renewal.
lawrence171
Evilly Yours - Evilness

join:2001-12-24
Canada
·Acanac Inc.

Re: SamSung :O

Samsung != LG.

Samsung can't program phones, PERIOD.

AudioVox (utstarcom) also can't program phones. Poor design, engineering, and quality.
--
What I used to be I no longer am... God, why can't you freeze time for my sake?