Vibrant User Files Class Action Lawsuit vs. Samsung, T-Mobile

[Anathema]

I'm going to add this now that I have also read the Samsung Terms Of Service via their website.

I now believe he may have a legitimate case against Samsung, but not T-Mobile.

Section 1 of Samsung Terms Of Service

Your unit and components contained therein are fully warranted against defective material and manufacturing faults under our product warranty guide from the date of purchase.

This applies to the claim of their GPS being a hardware defect.

And since this is hardware specific, not a faulty phone, sending the device in does no good since the replacement phone will have the exact same fault in the hardware.

However, I can not find anywhere that they are required to provide software updates. They are only required to proved you with Android 2.1 when you purchase the device.

However this, via T-Mobile Terms and Conditions section 2 - paragraph 5, may end this whole class action before it starts.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED
ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE
ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose
to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you,
nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without
having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

I think that is game over.

 

[jroc]

Wow... that last part you quoted is huge. I need to go back and re-read Verizons...lol

 

[jroc]

I meant this part:

Your Service is subject to our business policies, practices, and procedures, which we can change without notice.

 

[brochaos]

that fine print and legal mumbo jumbo doesn't really mean anything in court. any company can say whatever they want, it doesn't necessarily mean it is true, legal, or enforceable...

 

[onsht1kll]

yeah i don't see any type of suit here at all .. I'm sure if Samsung has done this on purpose they have fully researched the law before doing it ..

 

[Inkarnit]

yeah i don't see any type of suit here at all .. I'm sure if Samsung has done this on purpose they have fully researched the law before doing it ..

I guess it just depends on what was promised vs delivered. It may, at the very least, push them to be more proactive with updates to keep sales up. News like this affects buying decisions regardless of legal validity.

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[czerdrill]

this is another case of an obscure group complaining against a multi billion dollar corporation. the outcome? nothing except a waste of time.

time and time again, people think that companies like samsung, verizon, motorola, etc just do things without consulting their attorneys about the ramifications of doing things, or haven't covered their bases as best they could. like they just say "we aint gonna release no updates, screw our customers" against their lawyers wishes, and laugh maniacally at their customers' sorrows. support, especially support in the form of os upgrades, is not guaranteed by any company and to expect that is naive. ...class action suits like this are going to be dismissed and just waste everyone's time.

this is like the people who were complaining that apple can't ban an android-centric app from their app store, when their terms of service clearly says they can, and they did...

or people complaining that verizon is not allowed to throttle their speeds and that the magical "throttle hack" would give them the speeds they so richly deserve. again, the terms of service clearly stated they can throttle as they see fit, for any reason, whenever they want, and we all know the throttle hack was just placebo anyway

people need to stop wasting their time on these foolish ventures, the only way to hurt a corporation is to stop buying their stuff. unfortunately no one an an android forum has enough pull to make any kind of dent on any company's user base...

 

[ZachsX]

Did samsung refuse to upgrade the software? Think that's the only way they could sue .. they could just say they are still testing the software ..


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They already admited to the software ready to be pushed, instead the launched DL09 Maintence update to shut the sumsumg users up till the release the LTE phones which is bullshi*

 

[kodiak799]

Now this is a way to get things done!

 

[kodiak799]

people need to stop wasting their time on these foolish ventures, the only way to hurt a corporation is to stop buying their stuff. unfortunately no one an an android forum has enough pull to make any kind of dent on any company's user base...

You raise some good points. MS doesn't really update windows beyond security patches, mostly. You buy a laptop, upgrading a future OS is entirely between your wallet and MS.

Smartphone users will become more and more technically proficient, and much faster than with PC's because at the end of the day Android isn't all that different.

I just hope actions such as this lead to a compromise of no locking of boot loaders. There's literally a budding and promising industry out there between rom developers and other technically savvy folk that can take this over. Think Android Geek Squad...With gingerbread on my D1 it's still a very powerful and functional phone, which just goes to illustrate how much potential there is in these devices that is intentionally "throttled" (for lack of a better term) by the mfr and VZW.

That may be where Android really needs to go to spur wider smartphone adoption. VZW needs to say to the mfr "look, come out with ONE outstanding phone a year and older models will backfill into lower price points". With 3rd party support, people can buy a used phone are pay the full $200-$300 contract price but get years out of the device with such support. VZW should support that because, ultimately, they want to sell service contracts not phones, but they do need to balance helping mfrs to drive sales while recognizing the mass market mostly won't and can't afford to spend $200-$300 on a handset every year.

Given the coming convergence between smartphone/tablet/pc there's a rather large business opportunity here, and VZW and/or the mfrs either need to step-up to deliver or get out of the way for other entrepreneurs to fill the need.

 

[soops]

Big corporations don't always win. Also yes corporations consulted w/their corporate attorneys before doing anything but sometimes the court of law have found their justification to be wrong, illegals, etc....as was the case with VZW charging some customers with data usage when they accidentally hit the buttons on their non smartphone but data capable (even for just a few seconds)..there was finally a lawsuit on that.

 

[UNC]

One of the members over at XDA, MicBeast, is apparently angry enough to start a class action lawsuit against both Samsung and T-Mobile, regarding their poor support of the Samsung Vibrant, and the way they have been holding back their Froyo updates for phones. We shared a report recently, here, regarding industry rumor that Samsung was doing this as a marketing gimmick to improve sales of future phones. Apparently, MicBeast, decided he was 'fed up' and would do something about it instead of just complain like most of us. Here's a quote from him,

Unfair and Deceptive Consumer Business Practices
they have continuously lied to us about the hardware,
and software reliability of this phone,
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!)
over and over,
NOW they plan to release NEW galaxies
without updating the old ones they currently have
The GPS is clearly a hardware defect.
There are just too many issues with this phone
and the Customer service reps have been combative
even bullying and threatening customers!
a clear violation of US law
just let me know what your issues are,
and we can join together to fight this "TOO BIG TOO FAIL"
corporation
Anyone who has any issues whatsoever
please e mail me all your info and whatever issues you have had with this device
to my inbox

If you would like to join his fight against the tyranny of corporate greed, here is his email address: [email protected]

Source: XDA Developers - Class Action Lawsuit

"We can join together to fight this "TOO BIG TOO FAIL".......

So poorly written... Any judge would chuckle and throw this out,
Just FYI, "Too big to fail" has nothing to do with Samsung...

 

[czerdrill]

One of the members over at XDA, MicBeast, is apparently angry enough to start a class action lawsuit against both Samsung and T-Mobile, regarding their poor support of the Samsung Vibrant, and the way they have been holding back their Froyo updates for phones. We shared a report recently, here, regarding industry rumor that Samsung was doing this as a marketing gimmick to improve sales of future phones. Apparently, MicBeast, decided he was 'fed up' and would do something about it instead of just complain like most of us. Here's a quote from him,

Unfair and Deceptive Consumer Business Practices
they have continuously lied to us about the hardware,
and software reliability of this phone,
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!)
over and over,
NOW they plan to release NEW galaxies
without updating the old ones they currently have
The GPS is clearly a hardware defect.
There are just too many issues with this phone
and the Customer service reps have been combative
even bullying and threatening customers!
a clear violation of US law
just let me know what your issues are,
and we can join together to fight this "TOO BIG TOO FAIL"
corporation
Anyone who has any issues whatsoever
please e mail me all your info and whatever issues you have had with this device
to my inbox

If you would like to join his fight against the tyranny of corporate greed, here is his email address: [email protected]

Source: XDA Developers - Class Action Lawsuit

"We can join together to fight this "TOO BIG TOO FAIL".......

So poorly written... Any judge would chuckle and throw this out,
Just FYI, "Too big to fail" has nothing to do with Samsung...

yeah it was pretty lame...its good to make people on a forum feel like your a hero or something, but in the real world this "class action suit" amounts to a huge joke

 

[chops]

LOL u guys dont see it you are already doing what samsung should not want talking negativity about samsungs product. I for one will never buy a samsung cell phone after reading this on here and xda. I am sure they just lost a bunch of customers, if they are not careful it will spread like wildfire in the android community and no one will want a samsung phone

 

[UNC]

LOL u guys dont see it you are already doing what samsung should not want talking negativity about samsungs product. I for one will never buy a samsung cell phone after reading this on here and xda. I am sure they just lost a bunch of customers, if they are not careful it will spread like wildfire in the android community and no one will want a samsung phone

Oh contraire. It was known before android that Samsung supports nothing, and they still sold tons of Galaxy S'.

I'm sure if Samsung started putting out unlocked phones they could regain the android crowd though.


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