Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — The warranty that comes with your cell phone generally covers only manufacturer's defects, unless you purchased a super comprehensive, expensive warranty. But if your phone is new enough, you might not have to prove an actual manufacturer's defect to get a new phone if something goes wrong.
"My problem was that the phone broke for no reason," said Shem Whitehead.
He claims he didn't drop his phone but the screen is broken. It wasn't broken when he bought it, he said.
"Nine days after we purchased the phone is when it cracked," he said. "We had done nothing to the phone -- no mishandling, no dropping, no pressing, no actual handling issues."
A cracked screen is not considered a manufacturer's defect. The manufacturer would say it's the result of some sort of abuse, and it would be difficult to prove otherwise. Whitehead said manufacturer Samsung agreed to look at his phone if he mailed it in, but the company would not guarantee to fix it.
Attorney Ben Stanley specializes in tech issues.
"Once it's out of the box, once it's out of the store and it's in your house, they're going to be skeptical," he said.
He said consumers like Whitehead need evidence showing a design or a manufacturing defect caused the crack.
"Often there's not enough of a factual basis to make a great case. It's not justified to take the time to go through the whole battle rather than figure out where I cut my losses. Where do I just accept paying for a replacement and try to be more cautious next time and hope I don't get another bad one if it was a bad one?" he said.
Extended warranties have their own loopholes. If you're considering buying one, Stanley said try to make sure it's an easy policy to get some action taken if you need to make a claim.
Stanley suggested turning to the consumer's wireless carrier. Carriers make money on two year service contracts. Just maybe they want your business and will fix the phone, no matter what or who caused the broken screen.
"If you just bought a new phone it's because you got a new contract or are renewing a contract. The odds are you have that 30-day window," he explained.
So, that's what Whitehead did. He said it took several store visits, phone calls and emails, but he said he worked his way up Sprint's chain until he reached someone in the executive services office willing to act. She sent him a new phone.
"I told her I would be grateful and remain a loyal customer to Sprint because they did take care of things in the end," Whitehead said.
