Samsung and the Australian Competition and Consumer Commission agreed to the penalties imposed (Alamy/PA)
28 July 2022

Samsung fined for misleading Australian phone ads

28 July 2022

An Australian judge has ordered Samsung to pay 14 million Australian dollars (£8 million) in penalties for misleading advertising about the water resistance of some models of its smartphones.

Federal Court Justice Brendan Murphy gave Samsung Electronics Australia, a subsidiary of South Korea-based Samsung Electronics Co, 30 days to pay the fines.

Samsung must also pay 200,000 Australian dollars (£115,000) toward the costs of the Australian Competition and Consumer Commission, the consumer watchdog that initiated an investigation of the phones four years ago.

Samsung admitted to making false and misleading claims in nine advertisements between 2016 and 2018 about the water resistance of seven models of Galaxy smartphones. They are the S7, S7 Edge, A5 (2017), A7 (2017), S8, S8 Plus and Note 8.

Samsung and the commission also agreed to the penalties imposed.

The misleading ads promoted the phones’ water resistance and suitability for use in swimming pools and seawater. But the charging ports could be damaged and stop working if the phones were recharged while the ports were still wet.

The issue does not arise for Samsung’s current phones

Samsung said the charging port issue only affected the seven models identified in the case that were launched between 2016 and 2017.

“The issue does not arise for Samsung’s current phones,” a Samsung statement said.

Samsung sold 3.1 million of the vulnerable phones in Australia, but the court could not determine how many customers found faults in their charging ports.

An unknown number of customers had their ports replaced by authorised Samsung repairers. Some repairers did the job for free while others charged between 180 Australian dollars (£100) and 245 Australian dollars (£140), the court heard.

Justice Murphy said customers were entitled to assume that a large company such as Samsung would not advertise that its Galaxy phones could safely be submerged in water if they could not.

“A great many consumers are likely to have seen the offending advertisements and a significant number of those who did so are likely to have purchased one of the Galaxy phones,” Justice Murphy said in his judgment.

Commission chair Gina Cass-Gottlieb said her investigation had received hundreds of complaints from phone owners.

“They experienced issues with their Galaxy phones after it was exposed to water and, in may cases, they reported their Galaxy phones stopped working entirely,” Ms Cass-Gottlieb said in a statement.

The judge said the penalty exceeded Samsung’s profit during the course of the misleading advertising campaign.

Samsung’s lawyers had initially denied the ads were misleading and that the phones could be damaged by immersion in water, the judge said.

“I do not consider Samsung Australia should be given much credit for its cooperation,” Justice Murphy said.

Samsung said it had cooperated with the commission’s investigations, which originally included more than 600 ads and 15 Galaxy phone models.

“Samsung endeavours to deliver the best possible experience to all our customers and we regret that a small number of our Galaxy users experienced an issue with their device pertaining to this matter,” Samsung said.

The best videos delivered daily

Watch the stories that matter, right from your inbox