Robert Macy asks: >> Isn't it fraud to sell an item that does not meet spec? As in, the vendor says the product is compliant when it is not.
Don't all the customers then have a legal recourse to return any/all product? << Well -- here's what _I_ think: Problems arise when a manufacturer has complied with whatever regulations he needs to establish compliance -- or a presumption of compliance, which Part 15 makes rather easy. *We* know that only a carefully designed product is likely to comply with everything that might be attached to it. Manufacturers are, however, often disinclined to spend the time and money it takes to provide such a design. They are not obliged, under Part 15, to DO so. Think about it: Are we, as regulatory compliance staff, required to go beyond what compliance takes? I have argued, in other forums, that customers who find themselves told by Part 15 to stop using a product that causes interference, should have recourse under state laws which set out an implied warranty of serviceability for an intended use. This is a MARKETING reason to do more than minimal due diligence, and one I have taken to design meetings. I argue that if it is, because of harmful interference, illegal to use an item, then it is not serviceable for its intended use, and customers are entitled to return and refund. However, such RFI complaints as are publicly available seem to show vendors and manufacturers who prefer to stonewall and deny. That, in my opinion, falls well short of fraud, which is a crime requiring proof -- and libellous to assert absent that proof. Do note that I am NOT an attorney, this is NOT legal advice, and anyway my idea what's legal and what's not, may be completely off target. Cortland This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. Visit our web site at: http://www.ewh.ieee.org/soc/emcs/pstc/ To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Ron Pickard: emc-p...@hypercom.com Dave Heald: emc_p...@symbol.com For policy questions, send mail to: Richard Nute: ri...@ieee.org Jim Bacher: j.bac...@ieee.org Archive is being moved, we will announce when it is back on-line. All emc-pstc postings are archived and searchable on the web at: http://www.ieeecommunities.org/emc-pstc
