Slashdot Mirror


Companies Can't Legally Void the Warranty For Jailbreaking Or Rooting Your Phone (vice.com)

Reader Jason Koebler writes: Manufacturers that threaten to void the warranties of consumers who jailbreak or root their phones are violating federal law.
Under the Magnuson-Moss Warranty Act of 1975, manufacturers cannot legally void your hardware warranty simply because you altered the software of an electronic device. In order to void the warranty without violating federal law, the manufacturer must prove that the modifications you made directly led to a hardware malfunction.
"They have to show that the jailbreak caused the failure. If yes, they can void your claim (not your whole warranty—just the things which flowed from your mod)," Steve Lehto, a lemon law attorney in Michigan, wrote in an email. "If not, then they can't."

1 of 128 comments (clear)

  1. Expanded by 16 CFR 700.10 by raymorris · · Score: 5, Informative

    Your analysis of the statute is excellent. However, the code of federal regulations extends it a bit.

    See 16 CFR 700.10 - Section 102(c).
    https://www.law.cornell.edu/cf...

    Quoting the Code of Federal Regulations:
    --
    such provisions are deceptive under section 110 of the Act, 15 U.S.C. 2310, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of âoeunauthorizedâ articles or service.
    --

    The phrase " warrantor cannot, as a matter of law, avoid liability ... where a defect is unrelated to the use by a consumer of âoeunauthorizedâ articles or service" may apply.

    The quoted CFR text is saying why a manufacturer may not void a warranty due to repair by unauthorized service centers, or using unauthorized parts. The text itself does *not* limit the "cannot, as a matter of law" to only unauthorized parts, though, and it could well be argued that "unauthorized firmware" is an "unauthorized part" which may not void a warranty.