1/4 of a million people in the US still have their Note 7, soon it may turn into a brick

[Bleedingyamato]

30 minutes ago, Zodiark1593 said:

While the heavy handedness of the recall efforts is open for debate, yes, my concern is that rights may be infringed (even if slightly) upon in the name of safety. Thus the legal framework to deal with recalls of this nature should be established, to outline what manufacturers can and cannot do, or if recalled devices could even be considered property of the consumer (if future law nullifies such sales). 

That would be a good thing to have happen.  Following reasonable laws is good but it does seem like there's a some degree of grey area here that should be resolved.  

 

Do do you think that a device that can cause physical harm to at least the user should be forcibly recalled (by law) or should people be allowed to retain ownership?

 

If you'd prefer to not to offer your opinion that's ok too.  I'm just curious what you think of the issue.  

[Zodiark1593]

23 minutes ago, Bleedingyamato said:

That would be a good thing to have happen.  Following reasonable laws is good but it does seem like there's a some degree of grey area here that should be resolved.  

 

Do do you think that a device that can cause physical harm to at least the user should be forcibly recalled (by law) or should people be allowed to retain ownership?

 

If you'd prefer to not to offer your opinion that's ok too.  I'm just curious what you think of the issue.  

Unless there was an imminent threat (as in, a majority, if not all devices are nearly guaranteed to combust within a known time), the law should be followed. As the Note 7 currently stands, while getting the devices out of consumer hands is a priority, it is not an immediate emergency that requires negating consumer rights in the process. 

 

As for the law itself, the most straightforward means would be for the government to nullify all sales and transfers regarding the recalled device. The money paid for is, once again, the property of the consumer, and the recalled device becomes the property of the OEM again. (refunds and device returns may be handled separate, or together). 

 

Under this law, as the recalled devices would legally belong to the manufacturer, said manufacturer could cripple the device in any means they so choose. In addition, willing refusal to return the device to it's owner despite requests, warnings and eventually demands, could see the person charged with theft. (this is especially true if a refund had already been issued separate of the device's return). 

 

This isn't necessarily my opinion on such a law being instituted (I am indifferent, btw), rather, I debate whether Samsung could be breaking current law by overly heavyhanded means of enforcing the recall. 

[zMeul]

40 minutes ago, Zodiark1593 said:

that requires negating consumer rights in the process. 

you are fully reimbursed for the phone

[Zodiark1593]

4 minutes ago, zMeul said:

you are fully reimbursed for the phone

Does not (currently) change the fact that the phone is the property of the consumer until it is handed over. As it stands, the consumer is not under the legal obligation to hand over the phone, property rights still stand. 

[zMeul]

2 minutes ago, Zodiark1593 said:

Does not (currently) change the fact that the phone is the property of the consumer until it is handed over. As it stands, the consumer is not under the legal obligation to hand over the phone, property rights still stand. 

depends on the law

and this is a hazardous product

[Zodiark1593]

15 minutes ago, zMeul said:

depends on the law

and this is a hazardous product

I am referring to the US Federal Law, of course.

 

Last I checked (just today), the ATF (the government body that regulates and enforces laws regarding Firearms, drugs, explosives and other similarly dangerous goods) does not yet regulate safety recalled devices. While DOT and any airlines are well within the right to ban it from travel, the Note 7 is still legal to possess and own. 

 

Edit: neither is the Note 7 legally considered an explosive to be regulated by the ATF. 

[Bleedingyamato]

1 hour ago, Zodiark1593 said:

Unless there was an imminent threat (as in, a majority, if not all devices are nearly guaranteed to combust within a known time), the law should be followed. As the Note 7 currently stands, while getting the devices out of consumer hands is a priority, it is not an immediate emergency that requires negating consumer rights in the process. 

 

As for the law itself, the most straightforward means would be for the government to nullify all sales and transfers regarding the recalled device. The money paid for is, once again, the property of the consumer, and the recalled device becomes the property of the OEM again. (refunds and device returns may be handled separate, or together). 

 

Under this law, as the recalled devices would legally belong to the manufacturer, said manufacturer could cripple the device in any means they so choose. In addition, willing refusal to return the device to it's owner despite requests, warnings and eventually demands, could see the person charged with theft. (this is especially true if a refund had already been issued separate of the device's return). 

 

This isn't necessarily my opinion on such a law being instituted (I am indifferent, btw), rather, I debate whether Samsung could be breaking current law by overly heavyhanded means of enforcing the recall. 

If they brick the phones they might be overly heavy handed.  

 

It certainly is a complicated issue.  One the one hand the devices are a safety hazard that should be recalled but people also have rights to things they purchase legally.   

[zMeul]

49 minutes ago, Zodiark1593 said:

I am referring to the US Federal Law, of course.

 

Last I checked (just today), the ATF (the government body that regulates and enforces laws regarding Firearms, drugs, explosives and other similarly dangerous goods) does not yet regulate safety recalled devices. While DOT and any airlines are well within the right to ban it from travel, the Note 7 is still legal to possess and own. 

 

Edit: neither is the Note 7 legally considered an explosive to be regulated by the ATF. 

haven't said explosive, I said hazardous product

and if I recall, emergency services (dunno how exactly it's called) has labeled the Note 7 as hazzard

 

le: Pipeline and Hazardous Materials Safety Administration (PHMSA)

Edited December 10, 2016 by zMeul

[patrick3027]

Are there custom ROMs for this phone? 

 

I guess you could keep using this phone indefinitely if you out CyanogenMod on it. 

[Zodiark1593]

11 hours ago, patrick3027 said:

Are there custom ROMs for this phone? 

 

I guess you could keep using this phone indefinitely if you out CyanogenMod on it. 

It would probably be wise to swap a smaller battery in, though given that it is glued in, doing so is perilous in itself. 

 

Were I in the possession of a Note 7, this would the route I would take. 

[zMeul]

Samsung Canada be like:

[BiscuitMassacre]

If you read this to quickly in the notification bell it looks like it says 1/4 of a million people have commented on the US will have their Note 7 turned into a brick.

[Zodiark1593]

The wording "mandatory" is obviously false... 

[zMeul]

12 minutes ago, Zodiark1593 said:

The wording "mandatory" is obviously false... 

it's Canadian law ... 

[vanished]

2 hours ago, zMeul said:

Samsung Canada be like:

That seems like a fair compromise.  That way they can still call 911 when their phone blows up  

[Sauron]

On 12/9/2016 at 1:21 PM, BiscuitMassacre said:

From what I know..

 

I'd want to keep mine.

It has a dangerous design flaw and you can get any other Samsung phone at no additional cost in exchange for it. Why keep it?

[zMeul]

4 hours ago, Sauron said:

It has a dangerous design flaw and you can get any other Samsung phone at no additional cost in exchange for it. Why keep it?

it's a piece of history, like the Ford Pinto 

[The Belgian Waffle]

I really don't understand why people don't want to return it. You get another phone for free lol 

[Zodiark1593]

23 minutes ago, The Belgian Waffle said:

I really don't understand why people don't want to return it. You get another phone for free lol 

Perhaps it's the matter of probability, and by that, I mean if I were to stick a hundred Note 7s in my car's trunk, all connected to chargers and looping benchmark apps, and drive across the country, it would be far more likely for me to die en route via accident than to have one (or more) Note 7 combust. 

 

Doesn't mean the design flaw isn't a serious one (especially if repeatable in a lab), but the very minor probability of combustion isn't likely enough to dissuade the more stubborn folk unless you walk up to them, and show them the conditions to initiate conflagration first hand. 

[SpaceGhostC2C]

31 minutes ago, The Belgian Waffle said:

I really don't understand why people don't want to return it. You get another phone for free lol 

You could mod it and replace its battery.

 

But I wouldn't discard that some of all those Note 7 aren't really in the hands of users. The 285,000 figure is about all phones "unaccounted for". They could be lost or stolen. They could have already caught fired without the owners reporting it. And then of course you'll have the users who just don't perceive the risk. But I wonder how many are active (and legal ) users.

[The Belgian Waffle]

8 hours ago, SpaceGhostC2C said:

You could mod it and replace its battery.

Well, if Samsung didn't manage to do it when they first recalled the dysfunctioning ones and started distributing the ones with the green battery, I'm pretty sure it's not something we can fix with our kind of tools

[Zodiark1593]

13 minutes ago, The Belgian Waffle said:

Well, if Samsung didn't manage to do it when they first recalled the dysfunctioning ones and started distributing the ones with the green battery, I'm pretty sure it's not something we can fix with our kind of tools

Batteries are all glued down. A perilous task in and of itself requiring a trained hand and no small time investment. 

 

Initially, the defect was suspected to be the quality of the batteries, though the real cause is due to the battery being too cramped in the case. It's likely the "green" models were simply new units with a later battery batch to get them out them door ASAP. 

[Murasaki]

I can see it now. Watch Dogs 2 DLC -  Hack all Note7s and save the planet. 

[The Belgian Waffle]

1 hour ago, Zodiark1593 said:

Batteries are all glued down. A perilous task in and of itself requiring a trained hand and no small time investment. 

 

Initially, the defect was suspected to be the quality of the batteries, though the real cause is due to the battery being too cramped in the case. It's likely the "green" models were simply new units with a later battery batch to get them out them door ASAP. 

Sooo.. If the battery is not faulty, you'd have to replace something other than a battery. It'd be pretty hard to solve this issue then