# Regulatory Compliance Category > Consumer Protection Act Forum > [Question] Broken Phone

## nataliee99

Hi  :Big Grin: 

I took a phone out on contract 3 months ago and suddenly the touch screen has completely stopped working. Besides one small superficial scratch on the phone, it is in perfect condition. MTN now refuses to replace the phone because they say, that small scratch voids the warentee. Is that legal? How can one tiny scratch be responsible for the fact that my screen does not work when the phone is literally 3 months old? Please can someone with a little more knowledge assist me??

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## Dave A

Off the top of my head, I can see two issues:
Is the scratch the actual cause of the fault?
If the product is easily damaged by minor scratches, is this fact pointed out when the product is supplied?

Out of idle interest, did the scratch coincide with the phone going faulty?

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nataliee99 (27-Feb-13)

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## nataliee99

Hi Dave, Thanks for the quick response.

No, the phone was scratched in the first week (basically the metallic paint they use for the phone's surface has chipped off). So, that being said, it cannot possibly be the cause and if it is, then the Samsung Galaxy Pocket must be the worst phone I have ever owned if it breaks through one surface scratch. Because my whole touch screen doesn't work.

In fact, the fact that the paint is already chipping off is bad enough. Mtn still maintains however that the scratch voids the warantee and so I cannot have it replaced.

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## nataliee99

Oh, and no, they never stated that the phone is known to break due to scratches, bumps or anything like that!

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## Dave A

I'm not familiar with MTN contracts, but if they have a similar warranty setup to Vodacom, there's an initial period of 30 days where they'll replace the phone. Thereafter the warranty specifies that they shall *repair* the phone.

Whether this meets the requirements of the CPA may not have been something that the Consumer Protection Tribunal may have ruled on as yet, but has MTN refused to *repair* the phone too?

Or are you refusing to accept a repair option?

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## adrianh

What phone is it?

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## Didditmiself

She said it's a Samsung Galaxy Pocket. Read the post again. :Cool:

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## Didditmiself

It's strange that a Samsung product is giving you problems! Here's two further suggestions: have you any insurance on the phone and if so contact the ins co. If no, then maybe contact Samsung Electronics directly on either 011 549 1500 or 086 072 6786. If that is not the correct number then tell them what your problem is and maybe (because they would hopefully not want to jeopardize their 'good' name) be willing to assist you further. Good luck!! :Thumbup:

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## ians

MY wife is having problem with her Blackberry again, she has a small scratch on it, so after reading this thread, a trip to the china mall to get a new cover is in order, just in case, then once it returns put the old cover back on and keep the new one for future repairs.

I am considering upgrading from my R250 phone to a more advanced one, maybe a R699 one with a colour screen and bigger phone book, might be a good idea to just buy a china mall replica and keep the original for just in case.

The only problem i have with a better phone, i might never get it back when i leave it laying around, at least with my cheapy phone, people always give it back. I took the back cover off and thru it away, put brown packing tape instead to hold the battery in place and scratched the paint work on the concrete just to make it look a little rough.

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## Blurock

> It's strange that a Samsung product is giving you problems!


I am not too surprised. I believe that the latest Samsung products are state-of-the-art, but my wife has had two Samsung phones that was such crap, we actually threw it away. She is still using my old Nokia.

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## Didditmiself

Well thanks for that Blu. I will remember when I eventually HAVE to buy a phone when my Nokia finally packs up. I am surprised because as I said to Nataliee, I thought that a Samsung phone would be as good as the rest of their products. :Rant1:

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## adrianh

I have Galaxy Tab 10.1" , a friend a S2 and another friend a S3.

Samsung ROCKS.

Don't discount an entire brand because of 1 or 2 faulty products....

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## ians

After reading this thread again with the little info and knowledge I have acquired from experience, if the phone has so much as a small teeny weeny scratch, dent or any form of imperfection, you don't have a chance, it is the way cell phone distributors are getting out of fixing or replacing cell phones. If you sign up a contract you will find they point it out to and make you initial the clause and sign the bottom of the page. You will also find even if the phone is faulty a day later they will still not replace the phone until after it has been sent away to check for water damage and nicks and scratches.

So a word of warning if you hand in your phone make sure they acknowledge there are no marks on the phone. If there are don't even waste your time trying to claim under warranty.

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