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Consumer protection agency sues Samsung over Android updates

Posted: , by Mihai A.

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Consumer protection agency sues Samsung over Android updates
Earlier today, the largest consumer protection watchdog in The Netherlands, The Dutch Consumentenbond, filed suit against Samsung. The world's largest smartphone maker is accused of failing to provide timely software updates to its Android smartphones. The agency says that it has previously discussed the matter privately with Samsung but that a lawsuit remained the only path forward after failing to reach an agreement with the manufacturer.

The Consumentenbond accuses Samsung of unfair trade practices, claiming that the company does not explicitly mention for how long customers should expect to receive software updates. Furthermore, Samsung is also blamed for not being transparent regarding critical security updates, such as the one required to fix the Stagefright exploits. The watchdog remarks that it is only focusing on Samsung first due to the manufacturer's firm grip over the local market, as other manufacturers are also guilty of the same practices.

According to the agency's own research, 82% of the Samsung phones examined "had not been provided with the latest Android version in the two years after being introduced".

At this point, we should mention that these are valid claims. Samsung, like most other Android manufacturers, does not provide timely updates to all of its devices. Sure, the Galaxy S6 series has received timely Stagefright patches, but the manufacturer largely remained silent when it comes to Stagefright fixes for its vast array of mid-range and entry-level devices. Furthermore, none of Samsung's devices currently runs Android 6.0 Marshmallow, three months after the OS officially launched.

In the light of these accurate claims, what the Consumentenbond is demanding might be an overreach. The consumer protection agency has requested that Samsung updates all of its smartphones to the latest version of Android for two years since the handset is purchased (not launched) and in less than four weeks following code availability from Google. In some ways, the Consumentenbond is demanding smartphone makers to treat software updates like part of the warranty, which has its length mandated at two years in the European Union.

While we would surely love to see it happening, such an obligation would create a lot of problems for smartphone makers since they would have to offer timely software updates for about four years (based on an average two-year shelf life for most smartphones) for each smartphone. For the moment, we'll fill this one under our "desirable but not likely" folder.

What do you guys think, wouldn't you love it if smartphone makers were forced to offer timely software updates for two years after you've purchased a handset?

108 Comments
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posted on 19 Jan 2016, 14:27 44

1. sak19902 (Posts: 1; Member since: 19 Jan 2016)


This lawsuit was so overdue.

posted on 19 Jan 2016, 14:38 18

5. QWERTYphone (Posts: 654; Member since: 22 Sep 2014)


Nice. As a Samsung owner since the Epic, this is long overdue.....like Samsung's updates. It's an insult considering the prices Samsung charges.

posted on 22 Jan 2016, 09:53

111. JC557 (Posts: 1515; Member since: 07 Dec 2011)


As someone that love his Droid Charge I was pretty annoyed when it wasn't updated as much as my HTC Thunderbolt. Then the Galaxy S3 but at least the Galaxy S4 and S5 (sister's phone and her alarms can sometimes fail which hasn't been fixed) are pretty decent in getting updates but could be a bit quicker.

posted on 19 Jan 2016, 14:47 4

7. j2001m (Posts: 2941; Member since: 28 Apr 2014)


Nope, it's a somewhat joke, you are buying a Samsung phone not an nexus android phone, I,e, it's up to Samsung what software they offer, it be like saying Amazon is not using android 6.0 if you get me, it's down to them what software they use and they show what ver of the software they offer when you buy and that all you need as the customer, if I Was Samsung I update all there phone in this country to there own big t software to f@@ them over, hahahahhahaha

posted on 19 Jan 2016, 17:13 1

34. Ruturaj (Posts: 1329; Member since: 16 Oct 2014)


Updates are late. Even if Samsung updates phones, carrier delays even more. Even if it is carriers fault, it is responsibility of Samsung as well.

posted on 19 Jan 2016, 18:56 7

53. cdm283813 (Posts: 354; Member since: 10 Jan 2015)


If Apple, Motorola and Google can bypass the freaking carriers then Samsung can bypass them. It's a big scam to sale newer phones while older ones rott. I use to be the biggest Samsung fanboy but no longer.

posted on 19 Jan 2016, 21:09 3

69. engineer-1701d (unregistered)


think about it how do you keep money coming in to cover the r and d and all the other things for tech if you sell a phone that will always be updated and no need to buy a new phone. 40 years ago a man made a self sustaining car never needs oil change hydro engine sealed bearings nothing would need serviced and solid rubber tires but exxon bought all the rights to the car and tech and destroyed it because that would mean the end of oil companies and engine parts suppliers and car factories and jobs.

posted on 19 Jan 2016, 22:35 5

76. joe1blue (Posts: 169; Member since: 25 Jul 2013)


That's why my note 4 is in storage and my Moto X pure is my daily driver!!!

posted on 20 Jan 2016, 07:30

94. marorun (Posts: 3561; Member since: 30 Mar 2015)


Yes because OEM can force carrier to update or simply skip them completely like Sonim is doing.

posted on 19 Jan 2016, 22:41 4

77. cheetah2k (Posts: 1576; Member since: 16 Jan 2011)


There have been several security updates released by Google since 1st December, yet none of them have been updated on my Note 5. Even HTC is ahead of Samsung. I'm a Samsung fan, but they need to be thrown over the railway tracks on software updates. Pissss poor

posted on 19 Jan 2016, 16:39 1

29. Well-Manicured-Man (Posts: 308; Member since: 16 Jun 2015)


If they are successful with this law suit, other OEMs like Sony will be in big trouble. Samsung can effort the punishment while other OEMs can't.

posted on 19 Jan 2016, 19:41

60. joey_sfb (Posts: 5741; Member since: 29 Mar 2012)


No really, if there is a will there is a way. Sony do push apps onto my Bravia Android TV. Netflix for example. Wake up one fine day and there is it.

I don't think pushing update is a technical problem rather a lack of incentive to do it.

Apple for example has a lot of incentive to push software updates which is a topic for another discussion.

posted on 19 Jan 2016, 21:12

70. engineer-1701d (unregistered)


and samsung has its own galaxy app store on the phone for that also, but bypassing the carrier is the problem all phones are not the same even if they are gs6 some features turned off by carriers like download booster and many others, i wish i could go to samsungs site and download 6.0 for t-mobile but that voids warranty if your not buying the phone your leasing it

posted on 20 Jan 2016, 02:19

86. joey_sfb (Posts: 5741; Member since: 29 Mar 2012)


Should avoid getting carrier branded phone.

I always buy my phone either retail or online. Samsung especially there plenty of freebie if you buy from their retail store.

I bought a Note Pro 12.2 and they give me a HomeSync with 1T HDD.

posted on 19 Jan 2016, 21:02

66. engineer-1701d (unregistered)


i agree but this should be on all manufactures i mean how many phones are on 6.0 around the world its carriers fault not just oem, what about all the others

posted on 19 Jan 2016, 14:29 19

2. vincelongman (Posts: 4424; Member since: 10 Feb 2013)


Finally!
At least force the OEMs to be transparent about if an update is coming or not

posted on 20 Jan 2016, 00:04

78. mayur007 (Posts: 565; Member since: 10 Apr 2012)


Agree

posted on 19 Jan 2016, 14:31 18

3. maherk (Posts: 3724; Member since: 10 Feb 2012)


I don't feel sorry for them. Matter of fact, I hope they get their ass sued over this issue in every other country on this planet.
Been saying this for a while and I will say it again, Samsung treat their costumers like low class citizens, always late to provide updates, and what sucks the most is that they never deliver any of their latest software features to last year's flagships. Like a 6 months old Note 4(at that time), never received any of the new goodies that came with the S6.

posted on 19 Jan 2016, 14:51 8

8. j2001m (Posts: 2941; Member since: 28 Apr 2014)


Yes, Samsung will update all there phones and make them slow like the iPhone 4s and crap there customer over, yes Samsung please keep up the hard work

It's up to Samsung where they take there software, just like it's up to apple

Samsung can easy just do what Apple do, and say they updated there OS to android 6.0 but nothing is added at all

posted on 19 Jan 2016, 15:16 15

13. maherk (Posts: 3724; Member since: 10 Feb 2012)


Who said anything about Apple? You have been on this site long enough to know that I appreciate Samsung more than every other OEM's. But unlike you, I am not shy to criticize them.
Samsung ALWAYS lie when it comes to updates, my Note 5 was supposed to run on 6.0 for a month now, but they are late as ALWAYS.
And I will bet my.life on this, once the S7 is released with its new software features, Samsung will ditch their flagship's predecessors.
I will most likely end up with an S7, unless HTC deliver, because I am getting sick of Samsung's antics.

posted on 19 Jan 2016, 15:25 8

14. darkkjedii (Posts: 21204; Member since: 05 Feb 2011)


Gotta admit, you're correct. I don't know what their holdup is, but they are slow as molasses when it comes to updates.

posted on 19 Jan 2016, 15:46 4

18. maherk (Posts: 3724; Member since: 10 Feb 2012)


Them being late is half of the problem, but them lying about their update schedules is what frustrates me.

posted on 19 Jan 2016, 16:07

20. darkkjedii (Posts: 21204; Member since: 05 Feb 2011)


Yeah, cause I was expecting M on my Note last month.

posted on 19 Jan 2016, 16:57 1

31. Diezparda (Posts: 871; Member since: 23 Oct 2013)


Already own android M on my M8, LOL... TBH i'm not expecting to get the latest software since i'm not a huge fan of this device but kudos to HTC they are great at managing an update, they even include latest sense 7 but animation is kinda slower than previous version.

posted on 19 Jan 2016, 17:37

38. darkkjedii (Posts: 21204; Member since: 05 Feb 2011)


How is it bro?

posted on 19 Jan 2016, 18:15

46. Diezparda (Posts: 871; Member since: 23 Oct 2013)


I think the animation is a bit slower so i enter dev mode and turn off the animation (doesn't really works, it takes extra second to close recent apps), Not really bad probably because i'm picky & expecting too much. It carry all the latest feature including themes that can easily modified to your heart content, smart sense home widget, doze improve the battery live slighly (i left in the 8am at 80-85% battery and go home at 7pm with 66-70% battery left with moderate usage).

posted on 19 Jan 2016, 17:54 2

43. maherk (Posts: 3724; Member since: 10 Feb 2012)


More than 50% chance that my next phone is an HTC one.
I never appreciated their devices until I got my wife a gold m8, and I loved it. I am craving for an M9+ Supreme Camera edition's review, and if HTC failed to deliver this year(I hope 2016 will be their year), then it's most likely the Supreme Camera or the Galaxy S7 for me.

posted on 19 Jan 2016, 18:26 1

48. Diezparda (Posts: 871; Member since: 23 Oct 2013)


I always love htc design since htc touch diamond & touch pro 2 both the exterior looks and mature ui, my main problem with m8 probably the camera (it's nowhere close with the other flagship).

I think i'll wait for LG G5 & S7 since both brands are the best option in my country, they are slightly cheaper than Sony, HTC, Apple even Moto & Nexus plus the aftersales service is slightly better (you can find an article at sammobile that S7 already pass certification in Indonesia).

posted on 19 Jan 2016, 18:43

51. maherk (Posts: 3724; Member since: 10 Feb 2012)


As much as I hate that black bar on HTC's phone, the overall design and build quality compensate for it, in a huge way. Never held a phone that screamed premium like the M8, the curved aluminum back is fantastic. Don't get me wrong, I love the Note 5's design, but I hate the glass back, it looks great, but you must put it in a cover or else it will slip from your hand no matter how grippy your skin is.
LG doesn't interest me, they don't have that wow factor, plus their resale value is crap in my country.

posted on 19 Jan 2016, 19:22

56. Awalker (Posts: 1498; Member since: 15 Aug 2013)


The Black bar combined with the logo on the front made me skip the One M line. I hate when companies put their logos on the front of a phone.

posted on 20 Jan 2016, 06:25

91. Eclectech (Posts: 217; Member since: 01 May 2013)


...but Samsung and LG also put their logos on the front of their phones too.

posted on 19 Jan 2016, 19:37

59. Diezparda (Posts: 871; Member since: 23 Oct 2013)


Glass back is not my fave as well, i think it leaves too much smudges & fingerprint. Premium materieal was the least you've expect when you paying so much for a flagship, but in the end it'll end up using plastic case LOL... (so i think it's not important for me).

But i'm agree that LG was good all round device but they're still lacking that wow factor.

posted on 19 Jan 2016, 21:16

72. engineer-1701d (unregistered)


what phones are running marshmallow other than nexus. and phones released this year. ?

posted on 20 Jan 2016, 07:38

95. marorun (Posts: 3561; Member since: 30 Mar 2015)


Moto phone are running 6.0

my wife new moto G 2015 run it i think.
My moto x play run it.

All 2015 phones.

posted on 19 Jan 2016, 15:29 2

15. keekai05 (Posts: 116; Member since: 31 Mar 2015)


+1. Samsung fanboy detected

posted on 19 Jan 2016, 16:34

27. torr310 (Posts: 838; Member since: 27 Oct 2011)


I think they should not launch so many phones a year without being able to take care of their lineup.

It's like parebts gave births to the children without feeding them.

posted on 20 Jan 2016, 00:06

79. mayur007 (Posts: 565; Member since: 10 Apr 2012)


I also agree
They will ditch the old phones
And will make the new phones priority
And old customers will sit and waiting long for the latest updates

posted on 20 Jan 2016, 00:35

81. rd_nest (Posts: 1593; Member since: 06 Jun 2010)


Again, you have no clue what you talking about

posted on 19 Jan 2016, 16:58 2

32. bucky (Posts: 2563; Member since: 30 Sep 2009)


You do realize the 4s is almost 5 years old? And it runs pretty damn good for a phone of its age-smoother than most new touch wiz phones actually.

posted on 19 Jan 2016, 17:20 3

35. Awalker (Posts: 1498; Member since: 15 Aug 2013)


What new Samsung phones have you compared to the 4s?

posted on 19 Jan 2016, 17:51 3

41. maherk (Posts: 3724; Member since: 10 Feb 2012)


Lol that's a lie, and you know that.
I had an iPad Mini 3 for 2 weeks last month, and I had to switch to a Tab S 8.4 because the damn was crashing apps like there is no tomorrow. The Tab S isn't flawless, it stutters while switching between some apps, but it is definitely better than the iPad when it comes to performance.

My sister just the other day switched to an S6 Edge after 4 years with iPhones. She didn't like the looks of the iPhone 6, and chose to stick with her 5s, but it kept getting slower and slower with each update. That, and the design of the gold S6 Edge made her jump ships.

The iPhone running smoother than Android flagships is a myth that has been busted a good while ago. Check app crash rates if you're not buying it.

posted on 19 Jan 2016, 18:50 3

52. AlikMalix (Posts: 5836; Member since: 16 Jul 2014)


Herk, my 5s running dater with iOS 9 vs iOS 8. And side to side comparison just as smooth as 6s both running latest iOS 9.2

posted on 19 Jan 2016, 21:01 1

65. oozz009 (Posts: 520; Member since: 22 Jun 2015)


True indeed, I can confirm that because I'm also using an iPhone 5S with iOS 9.2. The only single place that it feels slower for me is the spotlight animation, but that's likely a tiny bug I got (I don't remember having it on 9.1) that will be fixed once I download iOS 9.2.1 in a bit ;) Still, impressive that iPhone 5S (a two a half year phone) has not been affected after so many major and regular updates. Combined with all the new feautures, design changes and UI changes, GPU increase (thanks to Metal) this phone feels stronger than ever and I don't even feel the need to upgrade at the moment.

posted on 19 Jan 2016, 21:21

73. engineer-1701d (unregistered)


bull show a video to prove it otherwise apple will sue you for lies stopping people from updating they said in the keynote that its 33% faster each year so it should be 50% faster.

posted on 20 Jan 2016, 07:41 1

97. marorun (Posts: 3561; Member since: 30 Mar 2015)


Well Alik you and some Apple apologist will say such crap but most of my clients with 4S and 5 say openly its crap since latest updates.

The 5S is still okay has some issue like battery but still fine but its will not on next update.

each major update new features are getting added and this take a toll on older hardware.

posted on 20 Jan 2016, 00:43

82. mrochester (Posts: 549; Member since: 17 Aug 2014)


My iPhone 6S is definitely smoother in operation than my S6 Edge+.

posted on 20 Jan 2016, 07:42

98. marorun (Posts: 3561; Member since: 30 Mar 2015)


smoother because of slow animation.
Still its slower to load apps ect.

posted on 19 Jan 2016, 18:30 1

50. Diezparda (Posts: 871; Member since: 23 Oct 2013)


Nah it's slow, what are you expecting from old device? In comparison with xiaomi Mi3 it's clear that 4S is much slower (good things that device is still working).

posted on 20 Jan 2016, 07:39

96. marorun (Posts: 3561; Member since: 30 Mar 2015)


All my client using iphone 4S and 5 complain about lag , battery issue and major bug with latest update.

No phone should be updated past 2/3 years max as new software take a toll on the hardware of older phone.

My guess is only the API should be updated so its can run most application just like Google do.

posted on 20 Jan 2016, 08:04 2

101. sissy246 (Posts: 994; Member since: 04 Mar 2015)


Then why is icrap getting sued over the update ruining some 4s phones.

posted on 19 Jan 2016, 16:46

30. Diezparda (Posts: 871; Member since: 23 Oct 2013)


Agree, my fave Samsung device would be Note series & if i happened to buy Note 4 of course i probably mad at Samsung. They treat Note 4 as if it's not a flagship phone, new TW like the one installed on S6/6 edge is a must have update for Note 4 user.

posted on 19 Jan 2016, 21:25

74. engineer-1701d (unregistered)


people think about this is you drive a corolla everyday all day and switch to a audi or bmw you will see and feel the difference because you are used to fast speeds in your own category yet switching to another category its way faster thats what its like for apple people to switch to android its to fast for them and they feel lost because its jumping all around they are used to slow transitions and animation thanks to dev mode you can do that for them, but they like to be spoon feed

posted on 19 Jan 2016, 21:13

71. engineer-1701d (unregistered)


who the f are you talking about my samsung gs3 got updates to kitkat and faster than all others.

posted on 20 Jan 2016, 10:54

105. TechieXP1969 (limited) (Posts: 10115; Member since: 25 Sep 2013)


But the problem with this lawsuit is simple. The phones come with everythign they need even when you compare it to platforms that do get regular updates, Android is still so far ahead it doesn't need to be updated as often.

All you guys are looking at is numbers. Well just because another platform has issues and gets updates more often, doesnt mean you should.

Just because your iPhone came with iOS8, doesn't mean you should get iOS9, unless your device is very new.

Shoving new software onto a phone that can't handle it is a worse problem and then people will want to sue because their phone is broken now because it was updated, as we see is happening to Apple and has happened to them before. This is the 2nd class action against them for this.

Android isnt as broke as other mobile platforms. Because release are done slowly, most issues are worked out before release and have to be since it isnt easy to fix problems afterwards considering carriers dont release patches often.

Apple has an advantages make 3 identical products that are easy to update. That doesn't mean everyone else should follow the same schedule.

I dont want updates just for the sake of updates like Apple does. I dont want a perfectly running device to be destroyed by a rushed useless update like Apple does.

I do agree Samsung should have a far better update process and if one of the issues of not keeping up is they have to many phones then they need to downsize how many models. They only need 4 models: A, J, S and Note. and maybe up to 3 models of each. Each model in the same family should use the same hardware so that upgrading is a bit easier.

Force carriers to make their apps and provide them in the app stores and not baked into the firmware upgrade and that will solve the issue with updates.

posted on 19 Jan 2016, 14:34 2

4. verbalize (Posts: 123; Member since: 03 May 2013)


why would you think they would spend any money to do this? So your stuck with a glitchy phone for a 1 1/2 before they do anything. I went thru this years ago and gave up on there phones.

posted on 19 Jan 2016, 19:15

54. Settings (Posts: 1591; Member since: 02 Jul 2014)


Coz we spent money on the device and expect it to run good for at least a year or two. If they can't keep up with the updates, then the OEM might just remove the system update feature on their devices.

posted on 19 Jan 2016, 14:47

6. kefalin (Posts: 249; Member since: 08 Feb 2015)


wow,that would be actually very nice

posted on 19 Jan 2016, 14:54

9. hado86 (Posts: 104; Member since: 15 Oct 2014)


I hope this succeeds huge and forces Samsung to be right and tight regarding updates instead of waiting till s7 launches. Seriously the best Android phone would be a nexus wrapped in the greatest Samsung hardware but lets me download touchwiz camera, video player, and audio player over play store.

posted on 19 Jan 2016, 14:56

10. camera531 (Posts: 344; Member since: 30 Jun 2012)


Anyone that knows anything about the industry (including this site!) knows why Samsung and most OEM's delay updates. It's so they can sell newer phones with newer software. It's deliberate obsolescence. Apple does it right, but not just because they have "unusual control". BlackBerry and to a degree Microsoft have similar control over their hardware and software, but delay updates as well. Where's Windows 10 on Windows 8 devices? It's all about saving every penny...

posted on 20 Jan 2016, 08:03 1

100. marorun (Posts: 3561; Member since: 30 Mar 2015)


Apple do it so right thats they impliments major bug on every single update release...

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