can sprint really void warranty/insurance for software

[Phreddo]

Originally Posted by schettj

always reflash to a stock rom before going in... if its unflashable, hit it with a hammer.

well, if that's the case, i'm assuming this would involve the deductible.
if you cannot unflash it, i would say report it lost, eat the deductible, and then just use it for a pda with wifi

[flyers2114]

Originally Posted by Phreddo

well, if that's the case, i'm assuming this would involve the deductible.
if you cannot unflash it, i would say report it lost, eat the deductible, and then just use it for a pda with wifi

There are many ways to avoid the deductible even if you cannot get it back to stock.....it shouldnt be a problem downloading the stock rom though....dont worry about re-locking....

[SporkLover]

Magnusson Moss Act should prevent them from denying you warranty coverage due to the software change. If you have hardware that fails, then the onus is on the manufacturer to prove that your software change caused your hardware failure before they can deny you warranty coverage.

A parallel example would be if you bought a laptop from Dell and you installed linux but 6 months later your LCD stopped working. They can't deny you coverage for that change, however they do not have to support you software wise.

Unfortunately the law is toothless and most consumers wouldnt put up a big fight over a cell phone.

[SprintTouch08]

well first off the Act is a moot argument because Sprint is providing the service under TEP- their own repair program. Warranty repair by defition would be mailing it in to HTC to be repaired.

Furthermore, I dont know how you can interpret the act that way. If you clearly alter the original product, how is the manufacturer responsible for that? Especially with an illegal/gray area operating system? So should they be responsible if you brick your phone with say a beta of Android? No. It wasnt an official and signed/approved release and neither are custom ROMs

Id more than bet there is a clause in the warranty that if you alter the product in any way hardware or software that the warranty is void. In fact the first bullet point of the warranty I dug out of my Touch box (same as Mogul) is: Product subjected to abnormal use or conditions, accident, mishandling, neglect, unauthorized alternation, misuse, improper installation or repair or improper storage;"

Id sure say any ROM not on HTC.com or sprint.com is unauthorized alternation of the device. More than the law being toothless, the individual would be more ignorant to argue installing illegal software as a rational in front of any judge. There is just no legal argument here against the verbiage in the warranty, nor does the Magnuson-Moss Act present any basis for argument because the warranty is VERY clear against alteration of the device..

I don't know where you went to law school from this, "then the onus is on the manufacturer to prove that your software change caused your hardware failure before they can deny you warranty coverage," but you clearly do not understand the burden of proof in a civil matter, which would lie on the plaintiff to prove entitlement to a judgment. The plaintiff would obviously be the consumer here- the manufacturer has to prove nothing what so ever i you cant make a case to show fault. Good luck arguing illegal software as a defense.

[furiousgtz]

Yeah they don't like custom roms I always create a backup and reset the phone to factory default.

[pierocksmysocks]

Sigh. Here's a simple way of putting things... if you buy a new car from a dealership it comes with a warranty right? If you make an modifications to that car, ie: new intake, different heads, or whatever.. that voids your warranty even if you take your car in for having electrical problems with your speedometer or something.

Same situation with your phone. Sprint's not to be held accountable for you installing non-sprint released software for your handset irreguardless if that's the actual issue with your phone or not. If you're having an issue with your handset, for the love of god just flash to a stock rom. Save you and them some trouble. Me personally.. I handle the training of the techs in my market because we're an affiliate network and do things a little different. They know how to spot a handset with a cooked rom, and their instructions are to straight up tell you to go home and flash it back to a stock rom then come back. If we accept your handset in for warranty issues and ship then back to be worked on, we don't get any credit back from the manufacturer because of that rom you installed. So basically we're screwed out of the money it costs to replace the handset for you.

General rule of thumb... use common sense, might just save a few headaches.

[jparks29]

Originally Posted by EtherealRemnant

Sprint is well within their rights to tell you that you have voided your warranty in doing so.

No, they're not...

Brush up on the Magnus-Moss act...

US Code - Title 15, Chapter 50, Sections 2301-2312

IOTW, you can't deny a warranty claim based on the alteration of the product UNLESS that alteration caused the failure. Changing software will NOT cause physical damage (yes, there are exceptions, I know).

Note only can they not deny the warranty claim, but they have to PROVE it was your modification that caused the damage for it to NOT be covered.


All the 'oh, well you put tint on your car, so you voided your warranty, it doesn't matter that your engine blew up' is complete BS.

So is Sprint not wanting to replace a phone claiming software invalidates the warranty.

[jparks29]

Originally Posted by SporkLover

Magnusson Moss Act should prevent them from denying you warranty coverage due to the software change. If you have hardware that fails, then the onus is on the manufacturer to prove that your software change caused your hardware failure before they can deny you warranty coverage.

A parallel example would be if you bought a laptop from Dell and you installed linux but 6 months later your LCD stopped working. They can't deny you coverage for that change, however they do not have to support you software wise.

Unfortunately the law is toothless and most consumers wouldnt put up a big fight over a cell phone.

Oh crapola, see what happens when you don't read the entire thread before posting?

What HE^^ said

[gdavis612]

I enjoy threads like this.. and i though "Irregardless" wasn't a word

—Usage note Irregardless is considered nonstandard because of the two negative elements ir- and -less. It was probably formed on the analogy of such words as irrespective, irrelevant, and irreparable. Those who use it, including on occasion educated speakers, may do so from a desire to add emphasis. Irregardless first appeared in the early 20th century and was perhaps popularized by its use in a comic radio program of the 1930s.

[buddhatikkigod]

I dont see how getting a new version of WM6 is legal. Is going from Wm5 to 6 comparable to XP to Vista or more comparable to XP Sp2 to XP SP3? If so then it makes sense that its legal as its just a software patch but is there anyway MS would want cash for an upgrade? its strange to me the more i think with all those other phones out there with their propreietary (yet very good) operating systems and then we have MS who makes ones of the best for the phones but they dont make a phone, does MS make money developing WM?


as for irregardless... . cant you just say regardless... isnt it the same thing used in the same way? Unless ir-regardless means to regard something... like the latin pronunciation: un-regardless its gaylic..


i have no idea what that means