Cellphone Implied Warranty

cruthick7

Senior member
Feb 4, 2005
256
0
0
Here's the situation:
I'm under a 2 year contract w/ cingular with a mot V551 phone. Recent the earpiece on the phone stopped working making it impossible to make/recieve calls without using speakerphone or a headset. Since I've had the phone for a year and a month cingular will not replace the phone because it is not within the 1 year warranty. My question is: has anyone ever used their state's "Implied Warranty" law to get their phone fixed? I live in Maine and the law states that if the product has a major defect, hasn't been abused and hasn't outlived it's expected useful life then the seller and manufacturer are required to fix the problem. I would concider atleast the life of the contract to be the useful life of the phone. Does anyone have any experience with this or any have any thoughts about it?
 

CTweak

Senior member
Jun 6, 2000
451
0
0
Sorry no help from me other than to say I have the same phone and it has been the bigges POS I've ever used. 1 year < and already the battery last one day (if I don't use it), the volume is so low I have to have absolute quiet to hear, and it crashes/locks up as often as a 2 year old install of Windows 95. Can't wait to introduce it to my nine mil.

Good luck trying to get any help from Cingular.

<--- Will never have another Motorola again.
 

NoReserve

Senior member
Feb 4, 2005
219
0
0
Originally posted by: CTweak


<--- Will never have another Motorola again.

Same goes for me. Same phone, drops calls when in full service area, battery life is terrible as well.
 

cruthick7

Senior member
Feb 4, 2005
256
0
0
Originally posted by: CTweak


<--- Will never have another Motorola again.

I def second that, same problem with battery life. At one point a got a nerw battery out of cingular but that turned out to be no help. It seems to me that if you're required to sign a 2 year contract the phone should be warrantied for atleast that length of time.
 

dartworth

Lifer
Jul 29, 2001
15,196
4
81
the v551 has a firmware upgrade that improves batt life.

one year is the industry standard for a cell phone warranty...

try contacting moto...
 

Garet Jax

Diamond Member
Feb 21, 2000
6,369
0
71
Originally posted by: cruthick7
Originally posted by: CTweak


<--- Will never have another Motorola again.

It seems to me that if you're required to sign a 2 year contract the phone should be warrantied for atleast that length of time.

Why? If that's what you wanted then you shouldn't have bought a phone with only 1 year.
 

cruthick7

Senior member
Feb 4, 2005
256
0
0
What cellphone has a warranty longer than 1 year? Besides the question was could I get the cellphone repaired under the "implied warranty" law. The law states that the product must last for it's useful life. IMHO the phone should be useful for the length of the required service contract.
 
Dec 10, 2005
25,061
8,351
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You could try to push the implied warranty with Cingular, what have you got to lose by asking?
 

gooseman

Diamond Member
Oct 23, 2000
4,853
1
0
Call cingular, add phone insurance to your plan. Wait a week or two and take it in, they will replace it.
 

cruthick7

Senior member
Feb 4, 2005
256
0
0
Originally posted by: gooseman
Call cingular, add phone insurance to your plan. Wait a week or two and take it in, they will replace it.

I don't think I should have to resort to basically commiting fraud to have my phone work like is should.
 
Dec 10, 2005
25,061
8,351
136
Originally posted by: cruthick7
Originally posted by: mugs
Did you purchase the phone with a credit card? What kind?

Mastercard I believe, unfortunetly I don't have an AMEX

You may want to check your credit card policy anyway. Even though it isn't an AMEX, it may still have some kind of warranty extender on it.
 

CTweak

Senior member
Jun 6, 2000
451
0
0
My MC doubles manufacture's warrenties, it's just a pain to get it done. Might be worth seeing if yours does as well.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: cruthick7
Mastercard I believe, unfortunetly I don't have an AMEX

I think Mastercard extends the warranty too, but without the receipt you might be SOL.
 

cruthick7

Senior member
Feb 4, 2005
256
0
0
Originally posted by: mugs
Originally posted by: cruthick7
Mastercard I believe, unfortunetly I don't have an AMEX

I think Mastercard extends the warranty too, but without the receipt you might be SOL.

Ya i think you're right I'm gonna try the implied warranty angle.
 
Apr 17, 2003
37,622
0
76
OP, just as a general observation: implied warrenty cases are really hard to win esp in this case when there is an actual written warrenty. the written warrenty will likely trump the implied warrenty
 
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