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Class action lawsuit regarding Android 2.2

RoxPhonyx
Member

If there were a class action lawsuit filed against Verizon regarding the lack of support for upgrades of the Android OS, would you join it? Essentially it would be based on promises and claims made by sales reps at the stores during the decision process of buying the phone and by phone reps that the Samsung Fascinate was to receive the Android 2.2 update "any day now".

 

As it stands, people who purchased the Fascinate are paying full price for the data package just the same as other Verizon customers who purchased phones from competing manufacturers (Motorola and HTC). However, people who purchased the Fascinate are not getting the same access or experience as the customers who purchased phones from these other manufacturers.

 

If I purchased a less technically capable phone than the HTC Incredible or Motorola Droid X, I would not expect the same software updates. However, I was told that the three phones (Incredible, Fascnate and X) were all in the same class and all ran on the same version of Android (2.1 at the time of purchase). Being a Black Berry Storm user before and having been limited on my browser experience, I had been following the progress of Android and I had heard that Android was to receive an update that would allow for Flash capabilities which was a huge deal. It was one of the main reasons I switched from Black Berry to Android. I was told that all three phones would be receiving the 2.2 update "very soon". This was in October of 2010.

 

Due to the Adobe Flash capabilities provided by the Android 2.2 update, Fascinate users are being limited on their browser usage but are not being compensated in ANY way for this lack of access. Also, other Samsung products contracted through Verizon are already come with the Android 2.2 software installed.

 

Personally (and I don't think I'm alone), I feel cheated by both Verizon and Samsung for not providing what was promised, all the while, people who purchased the Motorola or HTC handsets, have received their updates as promised and are receiving more browser access but paying the same amount that I am. Upon calling Samsung, the rep did not hesitate to blame Verizon for the lack of support.

 

So the question again is... If there were a class action lawsuit filed against Verizon, would you join it? There may never be one, and many attorneys may say it would be a waste of time, but would you join? I know I would.

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Re: Class action lawsuit regarding Android 2.2

mdram4x4
Leader

No

I do not believe in frivolous lawsuits

if you bought a chevy and the changed it a month later to have a large engine/more fuel efficient engine.  would you sue?

you bought what you bought.  live with it.  if you dont like it there are ways to chage it.  put the new engine in yourself.

 

why do so many people feel they are entitled to things

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Re: Class action lawsuit regarding Android 2.2

RoxPhonyx
Member

You're entitled to your opinion, but your analogy doesn't make any sense. I'm not asking for an upgrade simply because I bought a phone and now want a better one. I'm posing the question because the product I purchased was mis-represented. To go along with your analogy, if I bought that Chevy and was told that I could bring it back in a month to get an upgrade that would give it the same miles-per-gallon as a comparable Toyota and Nissan, and then never receive that upgrade, then "yes", I would feel entitled to some sort of compensation because the product was sold to me on false claims. Your analogy would indicate that I bought the Fascinate, and then a month later the Fascinate 2 comes out and I'm mad because I bought the old one. That isn't the case here.

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Re: Class action lawsuit regarding Android 2.2

mdram4x4
Leader

 


RoxPhonyx wrote:

You're entitled to your opinion, but your analogy doesn't make any sense. I'm not asking for an upgrade simply because I bought a phone and now want a better one. I'm posing the question because the product I purchased was mis-represented. To go along with your analogy, if I bought that Chevy and was told that I could bring it back in a month to get an upgrade that would give it the same miles-per-gallon as a comparable Toyota and Nissan, and then never receive that upgrade, then "yes", I would feel entitled to some sort of compensation because the product was sold to me on false claims. Your analogy would ndicate that I bought the Fascinate, and then a month later the Fascinate 2 comes out and I'm mad because I bought the old one. That isn't the case here.


 

where in your contract does it say you will get the upgrade

salesmen lie, its a requirement for a sales job.

if its not in writing it doesnt exist

 

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Re: Class action lawsuit regarding Android 2.2

papa_leo
Novice

@mdram4x4

I am totally disagreeing with you. When you're purchasing a car, dealership is clearly asking telling you that car is sold AS-IS and you even being asked to sign a letter of release form that states that car is being purchased with whatever option currently existing on the car and unless specifically specified no additional accessories or parts are coming with it. BUT and notice it is a capital letter but...it also say NO PROMISES, VERBAL, WRITTEN, OR OTHEWISE BEING MADE TO OFFER IN CONJUNCTION WITH THIS SALE.

And that it what you are signing.

 

In Verizon case, verbal promises of Froyo availability were made by Verizon sales, tech, and sups left and right. It is time to make those companies to be accounted for their actions.

 

About 3 weeks or so I spoke with one law firm in San Francisco in regards to that matter and they were willing to open the class action case against Verizon. I was quite busy in the past and hadn't have a chance to speak with them again. I will try to make up some times next week to come see them again and proceed with a case.

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Re: Class action lawsuit regarding Android 2.2

mdram4x4
Leader

this is whats wrong with the country today

dont get your way sue

 

if you carry through lose you should be responsible for paying all legal  bills incurred by verizon

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Re: Class action lawsuit regarding Android 2.2

techlife2
Member

You know what's funny, not to ignore your well-written expose' but, once the update does show up one morning on your phone, you'll be the happiest guy in town and all this frustration and anger will then be directed at your dog! Be patient, be happy, take 10 deep breaths and say after me - "I Love my Fascinate"!

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Re: Class action lawsuit regarding Android 2.2

papa_leo
Novice

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

 

VERIZON LIED and IT MUST BE PUNISHED for that practive.

 

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

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Re: Class action lawsuit regarding Android 2.2

PJNC284
Sr. Member

These threads always amuse me.  Nothing was written and the burden of proof would be on you to prove that you were purposefully mislead.  Blaming someone else because of gullibleness or failing to do research isn't going to get you anywhere.

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Re: Class action lawsuit regarding Android 2.2

mdram4x4
Leader

 


papa_leo wrote:

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

 

VERIZON LIED and IT MUST BE PUNISHED for that practive.

 

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.


 

and prices will go up to revocer it.  its a never ending cycle

 

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