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Is this a valid false advertising case?

1 Answers. Asked on Jul 05th, 2017 on Consumer Law - Florida
More details to this question:
I bought a Kyocera Hydro phone that says it Waterproof 3ft/30 mins. I took it in the water no more than 2 ft for less than 10mins and now the phone doesn't work properly at all! I feel like this is false advertising. Anything I can do?
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Answered on Jul 06th, 2017 at 7:42 AM

Not likely anddo that was simply foolish. Typically such ratings are based upon the pressures of simply sitting in the water at that depth and time. "Taking" it into the water involves a different dynamic where water pressure is exponentially increased by movement. You will see this with watches where an actual "dive watch" with 100m (not 1m as your phone) water resistence is minimum and that is simply qualified for "snorkeling" not actual "diving" which usually requires 200m static water resistence. There may also be an issue with making sure the battery door was sealed as potential user error defense, That stated - there may be a issue with claiming the phone to be "waterproof" as most everyone uses the term water resistent because water "proof" can be misleading. You may want to consult with consumer lawyers in your area to see if this is an issue worth pursuing under the decetive yrade practices act. 

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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