Jul 08, 2019

ACCC sues Samsung for 'misleading' water-resistant claims

The Australian Competition and Consumer Commission has initiated federal court proceedings against Samsung, over misleading advertisements. The ACCC said the technology company had misled consumers by telling them that many of the Galaxy phones sold in Australia were water resistant through ads across social media, online, TV, billboards, brochures and other media depicted the phones as being water resistant and showed them being used at pools and beaches, while Samsung also advertised them as being water resistant up to 1.5 metres for 30 minutes.

The ACCC alleged that the electronics giant misled and deceived customers with its claims about various Galaxy phones across more than 300 advertisements.

However, Samsung had told Reuters that the company would defend their ads in court.

The ACCC said the ads were false, misleading and deceptive, because the phones were not suitable for use in all types of water, which Samsung acknowledged on its website by advising against using the Galaxy S10 at the beach or a pool.

Although Samsung claims it is made to IP68 (International Protection Marking) standards, according to the international standards specifications of electronic appliances, this specification does not cover water in swimming pools and oceans, the ACCC said.

The ACCC said that the Samsung web site states that the Galaxy A10 phones would not be, or were not, suitable for use in, or exposure to, all types of water (such as, for example, in oceans and pools).

It alleged that Samsung had not tested their phones durability as shown on the ads.

“In order to win the attraction of the consumers, these advertisements shows that their mobile phones can be used in places which phones are generally not used in,” the ACCC said.

However, they claim that if Samsung is found guilty of having misled their customers, they would have to pay huge amounts in compensation.

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