The BEST data loss fix in 2 simple steps..

Discussion in 'Motorola Droid Bionic' started by thejacked1, Oct 26, 2011.

  1. thejacked1
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    thejacked1 New Member

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    1. CLASS
    2. ACTION!!

    make them listen! Vzw wont let me return it past 14 days "out of the question" they said. Also said I "entered into the contract" WE PAID FOR THE PHONE!! ...KEPT OUR END OF THE DEAL. their end of the deal was to provide us with a service that contains 3 part : talk, text,data. Well the data doesn't work with more than 50% of bionics, and IRONICALLY, guess what? Bionic comes with a MANDATORY data plan!! This whole thing stinks and I really don't see where vzw has a leg to stand on. If your interested email me. Thejacked1@Gmail.com how can they possible win this?? MAKE THEM LISTEN TO YOU.

    sticky this please :)

    Sent from my DROID BIONIC using DroidForums
  2. Lil4cyl
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    Lil4cyl New Member

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    Class actions do nothing more than make the scumbag attorneys rich. My data is fine most of the time unless i am on fringe service area. I also use reset connection app.

    Sent from my DROID BIONIC using DroidForums
  3. Camoxjeep
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    Camoxjeep New Member

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    I agree to a point of class action suit. But like last post, how much do you actually see? Maybe $10. How much do the lawyers get? More than a million? How is that worth the time?

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  4. DessoThumbs
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    DessoThumbs Member

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    come back when you have a radiation melanoma the size of texas growing out of your head. might not get a lawsuit, but you might get a sticky.
  5. Anathema
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    Anathema New Member

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    Too bad you can't file a class action because you signed a contract that specifically states that you cannot file a class action against verizon.


    I applaud the effort though.

    Morals > Money to all those simply saying it costs too much money. Some people would actually like to fight for what they feel is right, regardless of how many pieces of paper it takes.

    And before you ever go into any sort of legal dispute, consult a lawyer first. Bring the ToS and consumer agreement and have them go over it with you.
    Last edited: Oct 28, 2011
  6. raistian77
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    raistian77 New Member

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    Before everyone gets to P.O.ed about the data issue, why not wait till then update coming to see if it fixes the problem. Also more phones than the Bionic are suffering form the same issues, I wonder if its a network problem rather than a Motorola problem.
  7. SSHGuru
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    SSHGuru New Member

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    Class actions are not filed by an individual and therefore are not subject to an arbitration agreement.

  8. DessoThumbs
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    DessoThumbs Member

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    I consulted my brother on this (he IS a lawyer). He said by the time the melanoma got the size of texas, you may have a leg to stand on. It probably won't be able to support your weight though. He said at that point come see him and he will make sure you get a sticky.
  9. Anathema
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    Anathema New Member

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    I don't think you understood it correctly.

    Your contract FORCES arbitration so that you cannot file a class action lawsuit against them.
  10. MiDrOIdDOES
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    MiDrOIdDOES New Member

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    I've been saying since day 1 that this is a class action lawsuit waiting to happen.
    I'm in on the class action lawsuit even if its only just to make them listen.

    to me it's not the phone thats a big deal it's the fact that they are making us wait 2 months for a fix rather than doing what's right in letting people return the phone.

    most people didn't even find out that the data issue was gonna be a continuous problem that affected a large percentage of all bionics.

    flatout plain and simple the phone is defective and defective products should be able to be exchanged.

    verizon has went about this the wrong way

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  11. MiDrOIdDOES
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    MiDrOIdDOES New Member

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    because you shouldn't have to wait too much for a phone to work its defective...

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  12. MiDrOIdDOES
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    MiDrOIdDOES New Member

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    trust me there's always a way somewhere, some lawyer will find a way to file a class action lawsuit...

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  13. Tegamal
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    Tegamal New Member

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    I applaud the effort, but like has been mentioned already, the contact you signed prevents you from filing such an arbitration.

    The best way to deal with them is go higher & higher. If the store associate says no, ask for his manager. If he says no, contact his manager, be it a store lead or the manager of the market.

    All companies will give in eventually, if for any reason than just to shut you up.

    Sent from my ROOTED DROID BIONIC using DroidForums
  14. MiDrOIdDOES
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    MiDrOIdDOES New Member

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    the contract does not prevent you from doing a class action lawsuit I guarantee if you spoke with a lawyer they would find a way to do it.

    in our legal system there are always loopholes.

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  15. tcayton49
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    tcayton49 New Member

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    The contract doesn't stop you from suing. It makes it a thousand times harder to win, but it doesn't stop you from suing. If I wanted, I could sue you for speaking english. I wouldn't win, but I can sue you. Anybody can sue anybody for anything. Its the American way.
  16. DessoThumbs
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    DessoThumbs Member

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    The fact that they are trying in good faith to push out a fix would make even a shyster think twice abbot taking the case.
  17. SSHGuru
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    SSHGuru New Member

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    Actually recent court decisions have blocked attempts at class actions when there is an arbitration clause. However public policy in most states says the opposite. Arbitration is a Federal law so states cannot bypass it.

    Even though the ruling was good for companies now they are arguing that consumers cannot arbitrate in many instances because it cost the company too much money.

    Basically they want to stop anyone from litigating against them in any way.

    However now that there is an arbitration clause if 1000 people chose to arbitrate it would cost the company a ton of money especially over a $300 phone when the cost to arbitrate may be in the thousands.

    Supreme Court backs AT&T, limits class-action suits - USATODAY.com

    This is the most recent decision - and it regarded cell phones.

    I actually disagree with this decision - I don't believe that an arbitration clause should stop the ability of groups of people to start a class action. I think class actions are a different kind of animal. However there was a conservative court and they ruled 5-4.

    I'm an American Arbitration Association Commercial Arbitrator.
  18. tcayton49
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    tcayton49 New Member

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    Here is a post from SSHGuru in a different thread:

    "I signed it.

    I think it's ridiculous what Verizon has done. They knew the RAZR would be announced a month after the Bionic was out. Both phone made my Motorola. Both companies knew the RAZR would be the most competitive phone out there as far as the IPhone and the SGII.

    They were misleading and should have been up front. They were not.

    Some of you want to keep the Bionic - that's your choice. However you have no right to say we do not have the right to complain about what amounts to fraud.

    There has never been another case like this. And I can assure you as an attorney this could be a class action."
    Please note the bolded part.

    Now here is SSHGuru's post from today. Please note the bolded part.

    Now I ain't sayin...I'm just sayin.
  19. SSHGuru
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    SSHGuru New Member

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    I think all you are saying is that you are a tool.

    Do you have nothing better to do than follow me to my threads here and other forums?

    I decided to do some research. As you can see it's not only a very recent decision that overruled lower courts but a controversial one also.

    Canada recently had a similar case go the other way.

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  20. tcayton49
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    tcayton49 New Member

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    1st: there's no need for personal attacks.
    B: I have a Bionic and a general interest in Android, so I spend time on many forums. I'm not following you, but if you feel better thinking you're important enough to be followed, then by all means, go ahead.
    C: If you're gonna throw around your credentials and make such a bold statement, maybe you should do your research before you start posting on a forum. Its one thing to state an opinion, but if you're gonna start off by saying that you're an attorney, you might want to make sure you're correct.
    4th: laws in other countries mean nothing in the U.S. so posting what other countries are ruling doesn't matter unless you are directing it to the people in those countries.
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