Cell Phone Lemon Law (in Oregon)?

[dana]

We have a sprint business account with 5 lines. I just bought the newest blackberry curve 9350 when it was released. Since buying it, I have had it replaced 3 times under warranty because of mechanical/operating system malfunctions. Within a day of receiving my 3rd replacement, I had the same issues as all the previous phones. We have called into sprint & said that it is obviously faulty equipment and that we should not be stuck with equipment that does not work.

We got the phone as an upgrade & paid a reduced price for it and have asked them to credit back our upgrade (or "reset" it) and let us get something that actually will work. They agreed to do this but conveniently "lost the notes" in their system & now are refusing.

They have offered to credit our account $150 for a new phone, and if we decide to purchase one, will have to enter into a NEW 2yr contract. This sounds ok BUT we would not get the reduced pricing on whichever new phone we purchase; my blackberry sells for $349.99 right now (which I'm sure was even higher when it initially was released) so the $150 credit would only cover about 1/2 of what my phone is worth & I therefore would not be able to buy a comparable phone at full-price for $150.

Honestly, I am so sick of Sprint's terrible ethics & I just want my contract ended w/o paying an early termination fee-- which they have said they will not waive at this point if I cancel the line. There has to be something I can do to get out of my contract w/o paying the ETF! They were supposed to provide me equipment which was working, and they have not. I've already lost at least 8hrs of my time JUST in dealing with technicians at the sprint store-- those are hours I was being charged for use of my phone even though I did not have possession of it for all those hours... Not including the many hours spent when my phone is not functioning while it IS in my possession... What can I do???

[wardell]

We have a sprint business account with 5 lines. I just bought the newest blackberry curve 9350 when it was released. Since buying it, I have had it replaced 3 times under warranty because of mechanical/operating system malfunctions. Within a day of receiving my 3rd replacement, I had the same issues as all the previous phones. We have called into sprint & said that it is obviously faulty equipment and that we should not be stuck with equipment that does not work.

We got the phone as an upgrade & paid a reduced price for it and have asked them to credit back our upgrade (or "reset" it) and let us get something that actually will work. They agreed to do this but conveniently "lost the notes" in their system & now are refusing.

They have offered to credit our account $150 for a new phone, and if we decide to purchase one, will have to enter into a NEW 2yr contract. This sounds ok BUT we would not get the reduced pricing on whichever new phone we purchase; my blackberry sells for $349.99 right now (which I'm sure was even higher when it initially was released) so the $150 credit would only cover about 1/2 of what my phone is worth & I therefore would not be able to buy a comparable phone at full-price for $150.

Honestly, I am so sick of Sprint's terrible ethics & I just want my contract ended w/o paying an early termination fee-- which they have said they will not waive at this point if I cancel the line. There has to be something I can do to get out of my contract w/o paying the ETF! They were supposed to provide me equipment which was working, and they have not. I've already lost at least 8hrs of my time JUST in dealing with technicians at the sprint store-- those are hours I was being charged for use of my phone even though I did not have possession of it for all those hours... Not including the many hours spent when my phone is not functioning while it IS in my possession... What can I do???

There's been quite a buzz about a electronics lemon law since the summer of 2008, when New Jersey first announced their intention to pass a consumer electronics lemon law to extend typical laws to any defective electronic good. Unfortunately, the bill did not pass, but it did spark quite an interest in the concept of an electronics lemon law. While no other state currently has an electronics lemon law in place, there are other avenues consumers can take to recover their money if they do end up with a defective electronic.

Warranties On Electronics

Most consumer electronics come with a limited warranted that typically lasts for 12 months after the date of purchase. If your electronic device malfunctions or stops working because of a mechanic defect or a faulty part or piece, you can return the device to the manufacturer for a repair or replacement. The only thing you need for the warranty to be honored is your original receipt, which acts as both your proof of purchase and specifies the date on which the warranty clock started ticking. If you do not have your original receipt, you may be able to convince the manufacturer to honor the warranty if you have another way to prove the date of purchase, such as a dated credit card statement with a detailed description of the purchase.

The warranty does not reset when you receive a repaired or replacement electronic device, though. Therefore, for example, if you return your device to the manufacturer six months after you initially purchased it, and receive a replacement device a month later, the new device is only covered under the warranty for five more months.

It is also important to remember that warranties come from the manufacturer, not the retailer or seller. While some larger brick-and-mortar retailers will accept returns on broken or defective merchandise, it is typically for a short period of time (on average, 30 days after purchase) and you will have to return the electronic device in its original box with its original accessories. Most retailers, however, will not accept returns for electronic devices that are defective, and require you to speak directly to the manufacturer to handle the matter.

The Uniform Commercial Code

All 50 states have a Uniform Commercial Code, also known as the UCC, which governs the way manufacturers and retailers do business. The UCC also offer protection to consumers, including a sort of "lemon law" for certain, qualifying purchases. While the UCC is not the same as an electronics lemon law, it does help consumers recover their money if they end up with a defective product.

Every state has its own UCC, and the guidelines and protections they outline can vary significantly for each state. Further, some states have little or no protection for problematic consumer goods, while others have minimum purchase requirements before consumers can qualify for protection. You can learn more about your state's Uniform Commercial Code by clicking here.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law that protects every consumer in the U.S. The act is an electronics lemon law, and although the primary focus is new and used cars, it offers remediation to those who live in a state that may have no electronics lemon law alternative through the UCC or otherwise. The act offers protection for any consumer purchase of $25 or more (for a single item, of course) and

Although the Magnuson-Moss Warranty Act covers all purchases over $25, and most state UCC laws also provide consumers with some protection, there is a growing movement in several states to enact Lemon Laws specifically for personal electronics. As with traditional lemon laws, the act only applies in cases where there is an active warranty on the defective item. For more information on the

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