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Feb 08, 2017 11:06 AM EST

Samsung Galaxy Note 7 Lawsuits Weakened By Hidden Warranty Clause; Plaintiffs Not Backing Down

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Five individuals in South Korea are continuing their legal battle against Samsung. Those people have been accused as liars by the tech giant after their complaints about exploding Samsung Galaxy Note 7 devices.

According to the five individuals, Samsung's customer service labeled them as frauds touting false claims, and accused them of painting the company in a bad light to gain financial compensation, The Investor reported. The Harvest Law office, which is based in Seoul, is representing the plaintiffs in the litigation and they believe that they have strong chances of winning.

Last month, Samsung's mobile division head, DJ Koh, issued an apology to their "customers, carriers, retail, and distribution partners" and acknowledged the Note 7's faulty batteries. They also provided a detailed explanation on their website about the reason behind the handset's battery issue.

Samsung now employs an eight-point battery safety check process, with a durability test as the first on the list. This enhanced battery testing involves overcharging, nail puncture and extreme temperature stress tests.

This step is followed by visual inspection, x-ray (the batteries' inside are examined for any issue), charge and discharge test, Total Volatile Organic Compound or TVOC test (to ensure that the volatile organic compound of the battery wouldn't leak), disassembling test, accelerated usage test and lastly, the Delta Open Circuit Voltage (DOCV) test. The latter checks voltage changes from the manufacturing process' component stage to assembly.

Samsung's acknowledgment of the faulty Galaxy Note 7 batteries encouraged the plaintiffs against settling their cases. The first trial is expected to begin in the first half of 2017.

Aside from the five lawsuits, Samsung also received numerous class-action lawsuits from consumers in South Korea and in international markets. The lawsuits, however, may be hampered by the customers' contract with Samsung that prevents them from suing the company.

Apparently, the Galaxy Note 7's box came with a printed warranty guide, with its last pages containing a clause demanding that "all disputes with Samsung" should be resolved through "final and binding arbitration, and not by a court or jury." The buyer can "opt out" from the clause in 30 days and if they haven't, they will be unable to sue the company, CBS News reported.

The Galaxy Note 7 battery fiasco led to the delay of the Galaxy S8, Samsung's upcoming flagship smartphone previously planned to launch at MWC 2017. The Galaxy S8 is now expected to be introduced on March 29 and released in markets by mid-April, CNET reported.

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