Leading Smartphone Maker, Samsung In Deep Trouble Over Misleading Water Resistance Claims

“Samsung’s advertisements, we believe, denied consumers an informed choice and gave Samsung an unfair competitive advantage.” To back these claims up, the ACCC reviewed more than 300 Samsung adverts for this case and if found guilty, might be liable to pay a fine of 10 million Australian dollars for each of the 300 adverts which will sum up to 3 billion Australian dollars.

Femi Adeoya

July 4, 2019

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Leading Smartphone Maker, Samsung In Deep Trouble Over Misleading Water Resistance Claims

The world’s leading smartphone maker did not know or sufficiently test the effects of pool or saltwater exposure on its phones when ads showed them fully submerged, the Australian Competition and Consumer Commission (ACCC) lawsuit says.

The case is the first filed by a major regulator and could result in multi-million dollar fines. It centers on more than 300 advertisements in which Samsung showed its Galaxy phones being used at the bottom of swimming pools and in the ocean.

“The ACCC alleges Samsung’s advertisements falsely and misleadingly represented Galaxy phones would be suitable for use in, or for exposure to, all types of water … when this was not the case,” ACCC Chairman Rod Sims said in a statement on Thursday.

Samsung said it stood by its advertising, complied with Australian law and would defend the case.

The South Korean electronics giant has spent heavily on advertising to rebuild public faith in its premium smartphones following the costly recall of its fire-prone Galaxy Note 7 devices in 2016.

It is due to announce preliminary quarterly earnings on Friday, when it is widely expected to flag a profit plunge due to falls in chip prices.

Samsung’s water resistance claims came under heavy scrutiny as early as 2016 when influential U.S. magazine Consumer Reports said the Galaxy S7 phone – which appears dunked in a fish tank in commercials – had failed an immersion test.

The company attributed that to a manufacturing defect, affecting a small number of phones, which it soon fixed. But customers online continued reporting problems, forum comments show.

Some consumers damaged their phones when exposing them to water and Samsung had refused to honor warranty claims, the ACCC said in the lawsuit, though Samsung said it complied with all of its warranty obligations under Australian law.

The regulator also said Samsung’s advice to some Galaxy model users that the phones were not suitable for beach or pool use suggested the firm considered water could cause damage.

“Samsung showed the Galaxy phones used in situations they shouldn’t be to attract customers,” Sims said.

“Samsung’s advertisements, we believe, denied consumers an informed choice and gave Samsung an unfair competitive advantage.”

To back these claims up, the ACCC reviewed more than 300 Samsung adverts for this case and if found guilty, might be liable to pay a fine of 10 million Australian dollars for each of the 300 adverts which will sum up to 3 billion Australian dollars.

The phones that are subject to this case are; Galaxy S10e, S10, S10 plus, S9, S9 Plus, S8 and S8 Plus, S7 and S7 edge, Note 8,7 and 9, A8, A7 and A5.

Reuters