Can we band together a get a Class Action Lawsuit going?

[atailor]

I have had a Motorola Droid Bionic for over a year.  I have constantly had problem in data connectivity.  I went the Verizon Wireless Store and they replaced my sim card, twice.  This has not resolved the problem.  It's gotten to a point where I have no data connectivity for atleast 60% of my day.  After reading through many of these threads, I feel that a class action lawsuit filed against Verizon Wireless might be in order.  We have all paid for data service that we aren't able to use.  We should all get refunds on data service as well as a credit towards any phone of our choice.

Just wanted to hear other Bionic users thoughts....

[Ann154]

You better read your Customer Agreement before going further.

[elef]

she's 100% right. contractually, we cannot sue them in class action.

[fergieg]

No, she is NOT 100% right.

Just because Verizon put a clause in the contract does not mean it is held in the court, it varies state to state. Just look at countless class action lawsuits agaist Verizon that Verizon has settled.

Imagine this: Wal-mart could put a sign on their door saying by entering the store you are  agreeing to waive all claims of liability - doesn't mean it will stand one second in the court.

[elef]

a liability waiver is not the same as a forum selection clause or class action waiver.but you are correct, i shouldn't have said "100% right"

nothing is ever 100%

However the US Supreme Court has held valid forum selection clauses in multiple decisions. Obviously facts are different in different cases...

[fergieg]

Then explain this class action lawsuit against Verizon Wireless (not Verizon Business / Communications): (deleted link to comply with                   )

Message was edited by: Verizon Moderator

[elef]

explain it in one word?

"California"

thanks tho, I hadn't heard about this!  good to know.

EDIT: also, a settlement is not a decision. maybe VZW thought it would be cheaper to settle than to go to trial. Just because there wasn't a summary judgement doesn't mean that the clause would have been found to be inoperative.

[fergieg]

That's what I meant by "varies from state to state".

And do you think brining a class action lawsuit was not legal, verizon would just pay $10M and get some bad press just to save some lawyer time?

[elef]

well its more than state to state, its jurisdiction to jurisdiction when you're talking federal. but yeah i agree i was wrong to say "100% right".

I should have said "from a strictly common law perspective, you are probably correct"

Also, I never said it wasn't legal. You can sue anyone for anything, whether it will stand is another matter. The case you linked settled, so we will never know. But good for them for giving VZW a black eye regardless  

[#10]

whenever I read these thread I can't believe how stupid people are. Do you actually think a class action suit would do you any good even if you won? By the time it went through the courts and appeals process you might get something in about 5 or 6 years. You know after you've been eligible for 3 upgrades. And if you're lucky what you get would be be $30 off any upgrade rebate at best. Hardly worth the effort. Let's not even mention that this would be a problem you need to take up with the MANUFACTURER not Verizon.

[elef]

I agree. There's no point to suing VZW or initiating an arbitration action or anything like that.

But, blaming the manufacturer is wrong. Moto has released 9 usable builds so far. Verizon is the one holding up the updates. Look at other VZW android devices from other manufacturers (HTC, Samsung) and you will see that the problem is VZW.

EDIT: I also think you misunderstand the point of a class action lawsuit. Its not about the plaintiffs getting lots of money in damages. It acts as a check on the unscrupulous behavior of corporations. However, its a moot point.

[#12]

elef wrote:

I agree. There's no point to suing VZW or initiating an arbitration action or anything like that.

But, blaming the manufacturer is wrong. Moto has released 9 usable builds so far. Verizon is the one holding up the updates. Look at other VZW android devices from other manufacturers (HTC, Samsung) and you will that the problem is VZW.

EDIT: I also think you misunderstand the point of a class action lawsuit. Its not about receiving the plaintiffs getting a big settlement. It acts as a check on the unscrupulous behavior of corporations. However, its a moot point.

I highly doubt the OP just wants a "moral" victory in court. I'm 99% sure he's also seeking financial compensation.

[elef]

A "moral victory" would be nominal damages. $1 usually.  I assume that's not what we're talking about. A judgement entailing significant damages would be more than a moral victory, even if plaintiffs only receive a tiny fraction of it. It would send a message to VZW, because the only language they understand is money.But yeah that's neither here nor there. That's why my next phone will be unlocked and I will pre-pay.

[#14]

elef wrote:

A "moral victory" would be nominal damages. $1 usually.  I assume that's not what we're talking about. A judgement entailing significant damages would be more than a moral victory, even if plaintiffs only receive a tiny fraction of it. It would send a message to VZW, because the only language they understand is money.But yeah that's neither here nor there. That's why my next phone will be unlocked and I will pre-pay.

I guess your service it won't be through Verizon then.

[elef]

Nope. Why pay for a data plan when your phone cannot authenticate a data signal?  Why by a Nexus from VZW device when they don't upgrade it in a timely fashion? Why pay top dollar for a phone that won't work when you travel overseas? Why be stuck with bloat and locked bootloaders? Why be under the thumb of a company against which you have no remedy?

I'll pay a few hundred dollars more on the front end and save myself thousands in lost productivity, headaches and unused data in the long term.

[#16]

elef wrote:

Nope. Why pay for a data plan when your phone cannot authenticate a data signal?  Why by a Nexus from VZW device when they don't upgrade it in a timely fashion? Why pay top dollar for a phone that won't work when you travel overseas? Why be stuck with bloat and locked bootloaders? Why be under the thumb of a company against which you have no remedy?

I'll pay a few hundred dollars more on the front end and save myself thousands in lost productivity, headaches and unused data in the long term.

WHY are you posting here then? You obviously have no intention on being a Verizon customer.

[elef]

Because I am a VZW customer and have been for over 15 years. Why do you post here, (deleted inappropriate content to comply with

)? Maybe you're hoping to be a Community Leader one of these days?

Message was edited by: Verizon Moderator

[fergieg]

LOL!!! Funny stuff elef..