Why cellphone provider can't refuse to REPLACE faulty device within 6 months

Bruce Whitfield talks consumer rights with consumer ninja Wendy Knowler.

Has the excitement of a new cellphone purchase ever turned into frustration when the phone turns out to be defective and you battle to get a replacement?

The Consumer Protection Act (CPA) specifies that if a product fails in some way within 6 months, the CONSUMER gets to return it for their choice of refund, replacement or repair.

(Note that a refund is off the table in the case of a phone acquired on contract as it’s being paid off in terms of that contract).

However, in the 12 years the Act has been in force, she's had a steady stream of complaints about its (non)implementation in the case of cellphones, says Wendy Knowler.

"Whenever I take up such a case, the complainant gets what they wanted - a replacement phone - and the cellphone company tells me that they comply with the CPA. And then it happens again."

Wendy Knowler, Consumer journalist

In the case of two recent complaints about two different providers (Telkom Mobile and Vodacom), both customers were told about a 7-day out-of-box failure (OBF) period.

This is apparently where it's up to the repair centre to decide whether a device is repairable or to be replaced, if you return it only after the 7-day period.

Knowler emphasises that the OBF argument is one invented by the industry.

You may be happy to accept a refurbished phone as a replacement for your faulty device within that six-month CPA period, of course.

However, if your choice is a new phone, you are within your rights to insist on one.

Note that the CPA compels the supplier to replace the phone with an identical model, so you cannot ask for a different brand.

For more detail, listen to the interview at the top of the article