The Australian Competition and Consumer Commission (ACCC) is taking Samsung to court over allegations it misled customers over the nature of various phones’ water resistance. Samsung has been depicting phones in or near to unsuitable environments such as swimming pools and oceans since 2016, the ACCC alleges, when it didn’t have a basis to make this representation.
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 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.
“Samsung showed the Galaxy phones used in situations they shouldn’t be to attract customers,” the ACCC commissioner, Rod Sims, said on Thursday.
“Under the Australian consumer law, businesses cannot mislead consumers about their products’ capabilities.”
Samsung said it intends to defend the proceedings.
“Samsung stands by its marketing and advertising of the water resistancy of its smartphones,” Samsung Australia said in a statement.
“We are also confident that we provide customers with free-of-charge remedies in a manner consistent with Samsung’s obligations under its manufacturer warranty and the Australian Consumer Law.”
The ACCC alleges that Samsung did not sufficiently test its phones to back its advertised claims, and denied warranty claims from users whose phones were damaged in water.
“Samsung itself has acknowledged that water resistance is an important factor influencing Australian consumer decisions when they choose what mobile phone to purchase,” Sims said.
