Class action lawsuit regarding Android 2.2

[RoxPhonyx]

If there were a class action lawsuit filed against Verizon regarding the lack of support for upgrades of the Android OS, would you join it? Essentially it would be based on promises and claims made by sales reps at the stores during the decision process of buying the phone and by phone reps that the Samsung Fascinate was to receive the Android 2.2 update "any day now".

As it stands, people who purchased the Fascinate are paying full price for the data package just the same as other Verizon customers who purchased phones from competing manufacturers (Motorola and HTC). However, people who purchased the Fascinate are not getting the same access or experience as the customers who purchased phones from these other manufacturers.

If I purchased a less technically capable phone than the HTC Incredible or Motorola Droid X, I would not expect the same software updates. However, I was told that the three phones (Incredible, Fascnate and X) were all in the same class and all ran on the same version of Android (2.1 at the time of purchase). Being a Black Berry Storm user before and having been limited on my browser experience, I had been following the progress of Android and I had heard that Android was to receive an update that would allow for Flash capabilities which was a huge deal. It was one of the main reasons I switched from Black Berry to Android. I was told that all three phones would be receiving the 2.2 update "very soon". This was in October of 2010.

Due to the Adobe Flash capabilities provided by the Android 2.2 update, Fascinate users are being limited on their browser usage but are not being compensated in ANY way for this lack of access. Also, other Samsung products contracted through Verizon are already come with the Android 2.2 software installed.

Personally (and I don't think I'm alone), I feel cheated by both Verizon and Samsung for not providing what was promised, all the while, people who purchased the Motorola or HTC handsets, have received their updates as promised and are receiving more browser access but paying the same amount that I am. Upon calling Samsung, the rep did not hesitate to blame Verizon for the lack of support.

So the question again is... If there were a class action lawsuit filed against Verizon, would you join it? There may never be one, and many attorneys may say it would be a waste of time, but would you join? I know I would.

[SFObrien]

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sandystorm wrote:

Thank you and yes from Me the Source.LOL

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Just giving a little compliment and thanks to the "Source" on these forums that knows everything and is glad to share it with us all.

[sandystorm]

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SFObrien wrote:

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sandystorm wrote:

Thank you and yes from Me the Source.LOL

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Just giving a little compliment and thanks to the "Source" on these forums that knows everything and is glad to share it with us all.

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Thank you again for compliment now if only you can convince the rest to listen to the Queen of the Fascinate forum who is the source and knows all!

[ClayR]

"Queen of the Fascinate forum"  -  Oh, brother.

- She or he claims to have inside information but does not list anything that hints at it.

- She or he claims they care enough about everyone to tell them to forget about the phone they spent $150+ on and are locked into a two year contract but will not give insider information on the company's wrong doing. But of course it's in our own best interest.

{please keep your posts courteous}

[sandystorm]

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ClayR wrote:

"Queen of the Fascinate forum"  -  Oh, brother.

- She or he claims to have inside information but does not list anything that hints at it.

- She or he claims they care enough about everyone to tell them to forget about the phone they spent $150+ on and are locked into a two year contract but will not give insider information on the company's wrong doing. But of course it's in our own best interest.

{please keep your posts courteous}

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Thank you sweet Clay for thinking of me and to answer part of your questions is I cant reveil anything right now other then the fascinate will remain without Froyo, Gingerbread or any other good OS because of the way the phone was designed

[Shinebox]

Sandy you know Froyo can be installed and is fully functional on the fascinate and it doesn't even require rooting right? But I'm sure your insider told you that as well.

[sandystorm]

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Shinebox wrote:

Sandy you know Froyo can be installed and is fully functional on the fascinate and it doesn't even require rooting right? But I'm sure your insider told you that as well.

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Yes I know it can be installed but don't want to do it because there is a good reason why Verizon doesn't want to put on Fascinate when other phones have it already. It's the phone itself that has issues that's why they will not release  and now I wait for a new phone to be released so I can ditch this phone and all the complaints that go with it. I will say I do like the phone for the most part but when I know that it could be better and others have it I say it's time to unload and never will buy Samsung again until they prove themselves

[ClayR]

Again I saw it with my own eyes posted to Samsung's Question and Answer product web page with information about the Fascinate in Late November 2010 when I purchased my phone. That is what is called published. They did publish the update was coming by year end 2010. Now how to retreive a copy of that is another question. I've tried archive org but it only goes back to Oct 8th. Any other ideas to retreive web site history?

There is not a conspiracy in that nearly all who asked the Verizon sales reps were told an update was coming by year end 2010. Because it was the official stance.

[BerryN]

I am not going to post any pictures on this blog as it's going to be deleted anyway. If you're interested in seeing those pictures access "Contact Your April Fool" group.

[mdram4x4]

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BerryN wrote:
I am not going to post any pictures on this blog as it's going to be deleted anyway. If you're interested in seeing those pictures access "Contact Your April Fool" group.

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oh them, yeah, ok.

sorry, i dont do facebook, dont like the spyware/malware they allow

[BerryN]

I tried to post the picture in here but post was deleted. Hopefully link will remain for those interested.

http://www.facebook.com/photo.php?fbid=171219796260991&set=o.171721029544794&type=1&theater

[mdram4x4]

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BerryN wrote:

I tried to post the picture in here but post was deleted. Hopefully link will remain for those interested.

http://www.facebook.com/photo.php?fbid=171219796260991&set=o.171721029544794&type=1&theater

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was that at a vzw corp store? looks like walmart

[BerryN]

It's Verizon corporate store. I have whole bunch of other pictures from Target. The add was ran between 2/27/11 and 3/26/11 for $99.99 with Android 2.2

[DonM]

I understand the desire to deal a blow for justice here. I have seen enough postings of signs and comments for those who feel they were mislead to realize there is probable some grounds for action.

Even though Verizon's contracts and TOS statements absolved them of responsibility to update the phone, both the photos and what seems to be clearly misleading statements by various employees could been seen as a pattern of abuse. Often this pattern will override the actual written documents if the actions are widespread or egregious enough. One just has to watch a few attorneys in action to realize how easily a contract or TOS can be ripped apart in a courtroom.

My question is..what is the goal, the endgame? I have been involve in a few class action suits in my time and they all have a few things in common. They take a very long time especially if the defendant has lots of money and can afford lots of good lawyers, and the end results is often underwhelming, win or lose.

If a monetary refund is the goal you can expect a few dollars or more likely, a rebate to buy another fine Verizon product. Getting the Fascinate updated to the latest and greatest version of Android is off the table. By the time the suit would be over the Fascinate will be a terribly outdated phone and we will have all moved on to better devices. Forcing Verizon/Samsung to better update their future devices is a bit of a question as well. By the time it would be over the industry will probably have changed. Either everyone will be doing a better job of updating so they can keep up with the competition, or consumers will have accepted that phones don't get updated or to some degree both. Regardless, the situation on the ground will not be as it is now. Sometimes by the time a class action suit is done it has become irrelevant.

I think the only way it will be resolved is simply to stop buying products that aren't maintained.

[BerryN]

@DonM

I understand all of those asspects therefore, I am constantly asking Verizon to either upgrade my my Fascinate on compatible phone or cancel my contract without ETF. Verizon declined both of those options.

[Gonzo313]

Where do I sign up

[mdram4x4]

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Gonzo313 wrote:
Where do I sign up

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you cant, everyone is all talk.

no onehas yet to even retain a lawyer or file ay paperwork

or if they have they havent announced i here

[sandystorm]

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mdram4x4 wrote:

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Gonzo313 wrote:
Where do I sign up

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you cant, everyone is all talk.

no onehas yet to even retain a lawyer or file ay paperwork

or if they have they havent announced i here

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You got that right all talkers and no one will fie a suit because it is a lost case before going to court, even attorneys will laugh

[mdram4x4]

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sandystorm wrote:

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mdram4x4 wrote:

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Gonzo313 wrote:
Where do I sign up

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you cant, everyone is all talk.

no onehas yet to even retain a lawyer or file ay paperwork

or if they have they havent announced i here

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You got that right all talkers and no one will fie a suit because it is a lost case before going to court, even attorneys will laugh

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well there was one guy that claimed to be a patent attorney, i think he quit coming here

[sandystorm]

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mdram4x4 wrote:

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sandystorm wrote:

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mdram4x4 wrote:

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Gonzo313 wrote:
Where do I sign up

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you cant, everyone is all talk.

no onehas yet to even retain a lawyer or file ay paperwork

or if they have they havent announced i here

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You got that right all talkers and no one will fie a suit because it is a lost case before going to court, even attorneys will laugh

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well there was one guy that claimed to be a patent attorney, i think he quit coming here

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Yes he probably knew he couldnt win and thought people would hound him so he is gone

[trenen]

Manufacturers are ultimately in charge of the updates, not the carrier. Samsung is notorious for the lack of updates - or slow getting them. Motorola and HTC devices are the ones that get updates more effeciently.