Retail assault on our battery rights
WHEN consumers tried to assert their rights over faulty laptop batteries, the response from retailers was like that frustrating worker in Little Britain: “Computer says no.”
They argued that the batteries were a “consumable” and must therefore be treated differently from an integral component.
So, what does it mean for consumer rights if a consumable stops working or is faulty? The answer is not what shops would like it to be. Here’s what you need to know.
THE PROBLEM
James Morgs called me last Friday during the LBC Consumer Hour to tell me about his faulty laptop.
He explained that the battery had swollen, making the keyboard buckle and stopping the lid from closing properly. When he took the matter up with the retailer and asked for a remedy under the Consumer Rights Act, he was told: “This is not covered under a CRA (Consumer Rights Act) claim as the battery is a consumable”.
I have since been contacted by lots of people who got the same response to laptop battery issues.
THE LEGAL POSITION
Firstly, to say “consumables” such as a laptop battery are not covered by the Consumer Rights Act is absolute nonsense. What the stores mean is that they are not covered by the manufacturer’s warranty (this is usually the case), meaning you cannot claim that way.
However, you CAN claim under the Consumer Rights Act if the consumable is faulty, if it does not have sufficient operational life or if is not suitably durable.
James bought the laptop more than six months ago, so he has to prove that the battery swelled up due to a manufacturing fault and not something he did.
This means finding evidence of other consumers with the same issue or getting an expert report.
HOW LONG SHOULD A LAPTOP BATTERY LAST?
The starting point is what the manufacturer/retailer has told you and what the product description says. If nothing was indicated, the default position will be a reasonable time, taking account of quality and price. My view is that this should be three years-plus in most cases.
Finally, I’m at a loss as to why a battery built into a laptop is classed as a consumable as opposed to a component. I will certainly come back to this.