Consumer Law, Warranties Rooting/Bootloading and Warranty

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guto8797

Guest
Jurisdiction
European Union
I'll open saying I'm from Portugal, so this probably falls a lot under EU legislation. A bit afraid no one will answer because of that, but I kinda need to try. And sorry for my English.



So, less than 2 years ago I purchased a smartphone at a local retailer (Rádio Popular), which I used for a while. Never noticed anything wrong until we went on vacations, and I noticed that the GPS never worked, no matter location, height, obstacles, etc.

I didn't think much of this at the time since I didn't make use of the GPS, so I just carried on.



A little while after this incident, I rooted my phone. For those of you who don't know, Android phones can be "rooted", a process which unlocks access to some advanced features that are usually unavailable to users or apps. I did this to install root-only apps, such as the android equivalent of F.lux, a GPS diagnostics tool (which confirmed that the GPS never managed to lock on to a single satellite), etc. However, rooting can also be used to overclock, something I never engaged in since I know trying to squeeze more power out of a box with a battery and no fans is a bad idea. Another thing to take into account is that in order to root, I had to unlock the bootloader using a third party tool.

Over time, another issue cropped up: The headphone jack started failing. At first it would disconnect the headphones if tapped on the side to left, but after a while it shut down completely. Since the phone was still covered by warranty, I decided to send it for a patch up. My mistake here was not factory resetting the phone and getting rid of the root.



After a month I get an e-mail: the shop states that the brand refuses to cover the warranty because of the rooting process, and so the shop sent me the budget that I had to approve if I wanted the phone fixed. The fix involved replacing the entire motherboard and cost nearly as much as the entire phone in the first place!

Obviously I was pissed. I traded e-mails back and forth trying to get a peaceful resolution, but the store didn't budge, so I decided to resort to a local legal service, the CIAB, or Arbitral consumer court (tough to translate, its essentially a mediator and conflict resolution court so that the folks pressing a complaint don't have to pay any fees).

There was a mediating meeting, but the shop still didn't budge. They argued that since the brand displayed a warning before the rooting process stating that the warranty would be void, that they didn't have to cover it. Keep in mind that I never got this warning since I never used any official tool, and I don't think they existed for that phone type, so I used a third party unlocker. So now I am pondering advancing to the next, actual legal phase of the process, a trial with judge and all that.



So now here I am, wondering if going forwards is worth my time or not. I'd really hope you could answer some questions:

* Does rooting really void the warranty? The whole reason I advanced with this process is that I believe it doesn't, which is backed by things like this advice from the Free Software Foundation of Europe (Does rooting your device (e.g. an Android phone) and replacing its operating system with something else void your statutory warranty, if you are a consumer?). The law states that the seller (the shop, not the brand), has a duty to provide warranty for 2 years or until unproper use of the device is proven. Here comes the million dollar question: Is rooting unproper use?

* Does bootloading void the warranty? I am worried that they might try to bone me because of rooting is not a process that voids the warranty, they might try to argue that bootloading does void it.

* The brand and the shop. The brand refuses to cover the warranty, but my doubt here is: how is that relevant at all? I bought it from the store, not the brand. If the brand refuses to fix it, the store still has to either fix or replace it no? Or can a refusal from the brand grant them the right to refuse me?

* Can I be boned for using a third party unlocker? I don't think fiddling with the software can void the warranty of the hardware can it? If so, all PC's would lose their warranty very very quickly.

* What arguments, what printed documents and etc should I have at the ready to increase my odds of winning? I can't really afford to hire an actual lawyer, the closest thing I have is my uncle, which is a lawyer, but whose license has expired since he didn't pay the dues.


Thanks in advance. Really desperate for some advice of someone who actually knows what they are talking about.
 
I think the following answer would apply anywhere in the world.

You bought the phone two years ago from a retailer. You either got a written warranty in the box or it was available to you on the manufacturer's website.

You just didn't bother reading it. And your questions seem to reveal that you haven't read it yet.

If you haven't I suggest you go find a copy where I suspect you will read that all the things you did to the phone DID void the warranty which means that you have nowhere to go with this claim and you need to go buy yourself another phone.

Only with your next phone READ the damned warranty when you buy it so you can figure out what NOT to do to it if you want the warranty to remain intact.
 
* Does rooting really void the warranty?

According to most manufacturers and service providers in the USA, sort of.

Root Policy at AT&T = Physical damage voids the warranty and making the device ineligible for trade in.

If you have insurance, however, the insurer MIGHT cover the repair or replacement.
Some people WITH INSURANCE and a BOTTING/ROOTING problem simply claim the phone was stolen or lost, causing the insurance to pay for another device.

I DON'T RECOMMEND ANYTHING, AS I AM ONLY RECITING WHAT I'VE LEARNED.




Is rooting unproper use?

* Does bootloading void the warranty?

Maybe, as each provider has its own policy.
However, ROOTING for Androir (ir iOS cousin = jailbreaking) AREN'T illegal in the US per se.

Read on: Companies Can't Legally Void the Warranty for Jailbreaking or Rooting Your Phone



Or can a refusal from the brand grant them the right to refuse me?

Maybe....I only know US law.
The EU and Portugal law apply here.

* Can I be boned for using a third party unlocker?

* What arguments, what printed documents and etc should I have at the ready to increase my odds of winning? I can't really afford to hire an actual lawyer, the closest thing I have is my uncle, which is a lawyer, but whose license has expired since he didn't pay the dues.

Talk to your uncle.

He doesn't need to be licensed to discuss legal issues with anyone, especially if he isn't being paid.

I suggest you pick his brain, and see if he can provide you with useful tips.

Frankly, I see you running into brick walls and efforts to thwart you.

The easiest course of action, buy a new device.

It happened to my grandson, and I bought him a new phone, or rather gave the money for the phone to my son to buy him a new phone.

These days electronic devices have a 12-18 month shelf life anyway.

Very few things can be repaired economically, as you've found out.

Therefore, toss and replace is my strategy.
 
I am very familiar with rooting mobile phones, including jail breaking iPhones, etc. I haven't seen the warranty terms but chances are you're going to have problems. Removing the rooting and trying to factory reset just means that you're trying to cover up the fact that you tampered with the phone's operations as intended by the manufacturer. And this is why Samsung phones come with Knox, which is a tamper protection mechanism. If you "trip Knox" you've essentially informed the vendor that the you have been tinkering with your phone and your warranted will be void.

I don't know the specific details of your situation but you come into a court or panel having to admit that you tinkered with the phone beyond its intended use. You'll probably bear the burden of showing that what you've done doesn't void your warranty. Let's back up a step - you probably have to prove that you were still under the warranty.

I can't tell you for sure but I think you face an uphill battle.
 
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