What is a Defective Product?
Any product that malfunctions, while being used for the purpose it is intended, is considered a defective product. If using the defective product results in a consumer injury, the product is considered unreasonably dangerous.
Defective product lawsuits are brought under state laws, and depending on the state, a defective product lawsuit may allege negligence, strict liability or a breach of warranty as to the defective product.
There are three different types of defects that can lead to consumer injury:
- Design Defect – This is a flaw in the product before it is even manufactured
- Manufacturing Defect – This flaw occurs after the design and before market introduction
- Marketing Defects – This flaw a flaw in the advertising or labeling of the product. It could have anything to do with misinformation; from instructions, product purpose, warning labels, etc.
When you Advertise that a platform runs on Android 6.0, users can reasonably expect that it has the capabilities of that system. Being able to lock and encrypt are integral parts of Android period. So when you disable everything and don’t inform the public that I would say is a marketing defect. Bait and switch. It’s like having a car but the left blinker inherently doesn’t work.
You can pick from several of these reasons above to pin the non-locking on in an age of computer and identity theft, I would say that it is a pretty big flaw.
It’s like not being able to lock your car, your house, your store. If you couldn’t lock your car how could you get car insurance.
Now I suppose you could argue that your wireless carrier does this all the time with certain features of your phone. They put a layer bloatware over it that slows your system down to a degree. However if their bloatware prevented you from locking your phone then that would open them up to a massive lawsuit.
In any arena anywhere if you couldn’t lock something that is terms for a lawsuit some how. However this company doesn’t have an US address so that adds a whole level of complexity in getting this simple feature resolved. However if there is a suit brought internationally I suppose a US contingent could attach itself to that suit.
At the very least you could get your $799 back. If you were a guardian of mildly sensitive information and lost/stolen your device it could result to millions in damages arguably.
Excerpt from https://www.torhoermanlaw.com/defective_product_lawsuit/