Forced Update Violates Contract!

[schtefan]

Verizon, I am expecting to be released from my contract due to the lastest FORCED upgrade.  The FORCED upgrade has destroyed my contacts, some apps and now the phone is laggy.  This is NOT what I purchased.  This posting is part of the document process for termination. 

[#2]

schtefan wrote:

Verizon, I am expecting to be released from my contract due to the lastest FORCED upgrade.  The FORCED upgrade has destroyed my contacts, some apps and now the phone is laggy.  This is NOT what I purchased.  This posting is part of the document process for termination. 

First of all, this is a peer forum, not a direct link to Verizon customer service. Second, a software update from the MANUFACTURER does not violate your contract for SERVICE that Verizon gives you.

[schtefan]

I live in Oregon, and we have serious laws about contract violations.  This FORCED update broke my phone.  And yes this DOES violate the contract.  Any Judge will see it this way.  This is considered negligence on behalf of Verizon

>Post edited slightly<

Message was edited by: Verizon Moderator

[#4]

The contract is for phone service not a software update. Hard reset your phone. Its always recommended after an update. If it doesn't work and you are under warranty it will be replaced. If you want out pay your ETF and move on. Please post the legal finding results if you try to appeal this. This should be interesting.

[schtefan]

Already replied. >Post edited<

Message was edited by: Verizon Moderator

[#6]

Operating systems in smartphones have been getting upgraded since smartphones have been sold.  Any judge, even in Oregon will not see it as a violation of your contract agreement with Verizon. Verizon has more attorneys on retainer than you have fingers and toes.  Do you seriously think they didn't look over the contract you signed and are of the opinion that Verizon is safe with it as written?

Also, if you do find an attorney that will take your case, how old do you think you will be before it is resolved?  In addition, as a previous poster said, keep us informed as to the progress of your case as it makes its way through the legal system.

Best of luck to you, (really.... cuz you're gonna need alot of it)

[Ann154]

There is also the fact of the announcement for the update.

The ICS update was planned for the HTC Thunderbolt in March 2012. http://news.verizonwireless.com/news/2012/05/bl2012-03-06.html

The official announcement it was coming.

http://news.verizonwireless.com/news/2013/02/htc-thunderbolt-ice-cream-sandwich.html

[schtefan]

Facts -
1.  This update was an OS change not a minor incremental update
2.  This update was FORCED, have you read all the posting on this forum ??
3.  The original phone GUI has changed from when it was purchased, this is a violation of T&C as noted by Oregon AG.
This is just the tip of the ice berg. ..Imagine you leave your windows 7 (or 😎 laptop on during the night, and the next morning you wake up and you realize your laptop now has Apple OS X Mountain Lion 10.8.3 installed and running.  You call up your laptop provider and they say...sorry ..we cannot roll back and that is the way it is-.  Would you just say..oh well...I will accept this??  HELL NO!!.  Verizon did a very wrong thing and there needs to be consequenes to this action.  Reminder this is a FORCED update.  A clear violation of the T&C.

[Ann154]

This ICS update is the second major OS update for the Thunderbolt.  The first was from FroYo to Gingerbread plus the minor updates in between.  You accepted the previous updates, I would suspect.  How is this update different from those?  The interface for the phone has been changed more then once since the phone was first sold by Verizon Wireless.

The update wasn't forced on my phone.  I manually pulled it down and accepted it along with every other update for the Thunderbolt.

[schtefan]

Wrong, this update is forced dispite the option.  Read the results, there will be a GUI change reguardless of rejection.  >Name calling comment removed<

Message was edited by: Verizon Moderator

[#11]

I enjoy watching people trying to play lawyer. And no there is no judge that will see things your way. And filing a lawsuit will cost you more than paying the ETF anyway. Not to mention the YEARS it will take to go through court. Just do a hard reset like a was advised. Also you should have back-up all your contacts to begin with.

[schtefan]

>Since this poster feels the need to continue to call members name who are offering THEIR OPINION, this post is deleted and the thread will be locked. Further name calling and violating of the VZW ToS will result in further actions against the OP.<

Message was edited by: Verizon Moderator

[#13]

If you don't want updates, don't purchase a smart phone.  That's your choice.

[#14]

schtefan wrote:

>Comment deleted<

This is directly from the customer agreement as found on the first page of the Verizon wireless website:

Communications Commission regulations, be certified for use on our network, and be compatible with your Service. Please be aware that we may change your wireless device's software, applications or programming remotely, without notice. This could affect your stored data, or how you've programmed or use your wireless device.

So I don't know where you got your info buddy, but you can't do nothing. >Comment deleted<

"6 callers ahead of us, Jimmy!" Next!

Message was edited by: Verizon Moderator

[verizonmoderator1]

>Since this poster feels the need to continue to call members name who are offering THEIR OPINION, this post is deleted and the thread will be locked. Further name calling and violating of the VZW ToS will result in further actions against the OP.<