Huawei phones is an interesting and unique case that shines a spotlight on how to assert your consumer rights.
The trade wars between the USA and China impacted on Huawei phones being able to work with Google to provide software updates for the Android operating system that powers the devices earlier in 2019. This dispute was resolved a few weeks later, although it caused massive problems at the time.
CONSUMER RIGHTS ACT 2015
It is a tricky one to argue that the phone you have bought under the Consumer Rights Act 2015 is not;
- Fit for purpose
- As described
- Satisfactory quality
- Lasts a reasonable length of time
Nevertheless, I believe that the software forms an integral part of the phone (pretty obvious really as it can’t work without it), and this would have been part of the sales pitch at the point of purchase.
After all, you are hardly going to buy a phone if you don’t expect the software to last and Google Android is the industry standard.
Whilst nobody could have foreseen what has happened here, your expectations as a customer has failed and this software is an integral part of the phone ‘as described’ in the product description.
As Martin says, we don’t just have consumer rights but we also have consumer expectations. If you have bought an expensive phone based on what you expected, it’s worth complaining by putting a robust argument forward in writing. You may struggle in scenarios like this, but if you don’t try (and stick to your guns) you will never know.
The overall problem in the UK is that we are so used to being fobbed off and lied to, we just take it as a given without making a stand.
Part of the problem is that many consumers simply do not know their consumer rights, which is why I wrote a book based on a lifetime of unique bad experiences to help others do what I do and get results.
Perseverance is the key to success every time.
Were you affected by Huawei phones? If so, what was the outcome?