The BEST data loss fix in 2 simple steps..

[thejacked1]

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

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[Lil4cyl]

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.

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[Camoxjeep]

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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[DessoThumbs]

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.

 

[Anathema]

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.

YOU AND VERIZON WIRELESS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.

We further reserve the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Plans or Features in a manner that adversely impacts our network. We may monitor your compliance, or the compliance of other subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law

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.

 

[raistian77]

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.

 

[SSHGuru]

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

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.

 

[DessoThumbs]

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.

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.

 

[Anathema]

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

I don't think you understood it correctly.

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

 

[MiDrOIdDOES]

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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[MiDrOIdDOES]

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.

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

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[MiDrOIdDOES]

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.

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

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[Tegamal]

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.

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[MiDrOIdDOES]

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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[tcayton49]

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.