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.

[mdram4x4]

No

I do not believe in frivolous lawsuits

if you bought a chevy and the changed it a month later to have a large engine/more fuel efficient engine.  would you sue?

you bought what you bought.  live with it.  if you dont like it there are ways to chage it.  put the new engine in yourself.

why do so many people feel they are entitled to things

[RoxPhonyx]

You're entitled to your opinion, but your analogy doesn't make any sense. I'm not asking for an upgrade simply because I bought a phone and now want a better one. I'm posing the question because the product I purchased was mis-represented. To go along with your analogy, if I bought that Chevy and was told that I could bring it back in a month to get an upgrade that would give it the same miles-per-gallon as a comparable Toyota and Nissan, and then never receive that upgrade, then "yes", I would feel entitled to some sort of compensation because the product was sold to me on false claims. Your analogy would indicate that I bought the Fascinate, and then a month later the Fascinate 2 comes out and I'm mad because I bought the old one. That isn't the case here.

[mdram4x4]

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RoxPhonyx wrote:

You're entitled to your opinion, but your analogy doesn't make any sense. I'm not asking for an upgrade simply because I bought a phone and now want a better one. I'm posing the question because the product I purchased was mis-represented. To go along with your analogy, if I bought that Chevy and was told that I could bring it back in a month to get an upgrade that would give it the same miles-per-gallon as a comparable Toyota and Nissan, and then never receive that upgrade, then "yes", I would feel entitled to some sort of compensation because the product was sold to me on false claims. Your analogy would ndicate that I bought the Fascinate, and then a month later the Fascinate 2 comes out and I'm mad because I bought the old one. That isn't the case here.

---

where in your contract does it say you will get the upgrade

salesmen lie, its a requirement for a sales job.

if its not in writing it doesnt exist

[papa_leo]

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

[mdram4x4]

---

papa_leo wrote:

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

---

and prices will go up to revocer it.  its a never ending cycle

[papa_leo]

---

papa_leo wrote:

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

---

and prices will go up to revocer it.  its a never ending cycle

-------------------------------------------------------------

Verizon is raising prices one way or another. The good thing is, we are still in America and there is such a thing as competition. We are always free to vote with our $$$. If I am not happy with Verizon in a year or so, I will go to other carrier (not that they are any better but still you choose between lesser evil).

[mdram4x4]

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papa_leo wrote:

---

papa_leo wrote:

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

---

and prices will go up to revocer it.  its a never ending cycle

-------------------------------------------------------------

Verizon is raising prices one way or another. The good thing is, we are still in America and there is such a thing as competition. We are always free to vote with our $$$. If I am not happy with Verizon in a year or so, I will go to other carrier (not that they are any better but still you choose between lesser evil).

---

i can always tell who is with another carrier when i call.  i cant get em due to lack of signal

[PJNC284]

have you visited the other boards.  Grass isn't always greener on the other side.  There are as many complaints or even more against Sprint, AT&T, Tmobile and the other little guys.

[papa_leo]

Yes, I do visit other carriers blogs and that is why I am with Verizon. I choose the lesser evil, but still EVIL nevertheless.

[MKF]

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papa_leo wrote:

Yes, I do visit other carriers blogs and that is why I am with Verizon. I choose the lesser evil, but still EVIL nevertheless.

---

Well if the other carriers are badder then vzw in your eyes and a simple update chases you off. I'd hate to see how long you stay with the competetion. As a sales rep the most thing I see is customers coming back after they thought they were going to greener pastures.  Its never that simple.  

[sugees69]

I switched to T-Mobile and ten days later I switched back to Verizon. The grass was deffinately not greener on the other side, it was a nightmare.

[MKF]

---

papa_leo wrote:

---

papa_leo wrote:

Yes...it does exist. All verbal obligations stands equaly the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tictic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

---

and prices will go up to revocer it.  its a never ending cycle

-------------------------------------------------------------

Verizon is raising prices one way or another. The good thing is, we are still in America and there is such a thing as competition. We are always free to vote with our $$$. If I am not happy with Verizon in a year or so, I will go to other carrier (not that they are any better but still you choose between lesser evil).

---

If you try to sue its going to end bad for you.   VZW has the money, lawyers and such to beat this if you tried it.  All they really got to do is pull out your contract show they haven't breached anything send you a bill for their lawyers and then we get to hear about more fussing and complaining about a version of android that wasn't even that good to begin with. 

[papa_leo]

---

papa_leo wrote:

---

papa_leo wrote:

Yes...it does exist. All verbal obligations stands equally the same in the court of law. Let's count how many Verizon consumers were lied to by a different Verzion employees. I think, we will be able to count at least several tens of thousands like that.

VERIZON LIED and IT MUST BE PUNISHED for that practive.

Lie was never a part of the sale tactic...it is a federal offense aka "Bait & Switch". When (see, I said when not if) consumers will be able to bring that to the judge, Verizon will be fined.

---

and prices will go up to revocer it.  its a never ending cycle

-------------------------------------------------------------

Verizon is raising prices one way or another. The good thing is, we are still in America and there is such a thing as competition. We are always free to vote with our $$$. If I am not happy with Verizon in a year or so, I will go to other carrier (not that they are any better but still you choose between lesser evil).

---

If you try to sue its going to end bad for you.   VZW has the money, lawyers and such to beat this if you tried it.  All they really got to do is pull out your contract show they haven't breached anything send you a bill for their lawyers and then we get to hear about more fussing and complaining about a version of android that wasn't even that good to begin with. 

-------------------------------------

Boo...Hoo,

I am shaking in my knees already. The class action case is a different then a personal case...I have name of all Verizon sales reps, tech personal, Supervisors, and Best Buy Mobile salesmen that verbally promised that Froyo will be available "any day". The good thing is Verzion itself records all of its conversations "for quality and training purposes" and as I was trying to cancel my contact within first 30 days and being promised Froyo it should all be in file and by court order Verzion will have to release all of those conversation as well as all notes made on my account that I called to cancel but was deter from doing so by guarantee delivery of the next OS upgrade within next several days.

So stop scaring people, we are not sheeps and have legal rights to defend ourselves.

[PJNC284]

well go for it.  Everyone seems to be all talk these days.

[MKF]

-------------------------------------

Boo...Hoo,

I am shaking in my knees already. The class action case is a different then a personal case...I have name of all Verizon sales reps, tech personal, Supervisors, and Best Buy Mobile salesmen that verbally promised that Froyo will be available "any day". The good thing is Verzion itself records all of its conversations "for quality and training purposes" and as I was trying to cancel my contact within first 30 days and being promised Froyo it should all be in file and by court order Verzion will have to release all of those conversation as well as all notes made on my account that I called to cancel but was deter from doing so by guarantee delivery of the next OS upgrade within next several days.

So stop scaring people, we are not sheeps and have legal rights to defend ourselves.

---

Legal rights to defend your selfves?  Your not being oprressed or attcked Leo nor am I trying to scare anyone so quit trying to twist as if I'm some fan boy.  As far as you know the names............who cares.....vzw wouldn't nor Samsung. They would just laugh at you when your not looking. (kind like I do when I read your post) They did a sales pitch and you fell for it. And you should have have canceled instead of believing them.  And a suit is a suit doesn't matter if its personal or class action., but hey overall if this is the course you want to take go for it.  I'd bet $$ VZW either wins or settles for a low amount per each person (just to shut you up) and you still won't get the update until they decide to release it.

[gernerttl]

Here is my question...how many people on this thread are actual lawyers?

[MKF]

Oh me me me me...no wait sorry thoughy you said salesman..... :*(

[evil_network]

I can understand the OP's frustration. I too was told a bunch of **bleep** by sales reps. However, I didn't threaten to sue, I wrote a letter to the VP of Customer Experience explaining what all I went through in the corporate store in my town. That letter was forwarded to the Regional Manager. That regional manager took the time to talk to me, as did the store manager. Verizon made it right with me in several ways, all is well and I am now a satisfied customer.

Instead of using a public forum to threaten legal stuff, why not try simply moving your complaint up the chain of command. If there is legitimacy to it, I am sure someone will see fit to try and make it right with you.

[papa_leo]

This is my personal story.

I reserved complaining on the public forum and class action case only after I attempted to speak with several San Francisco area store managers and attempted to get a hold of the West cost regional manager of operations.

I got nothing but a "speak to a hand" sort of respond.

Being an unlimited plan user with 5 lines and $500 monthly bill, Verizon did NOTHING to offer even a penny back on my plan or replace Fascinate with Froyo device.

Verizon ignorance and corporate approach of "it's not our problem, it's yours" is what makes me upset.

I am a cash flowing cow for them, not a customer.

Two years ago, I though of switching to Sprint but found out hard way that their CS was subpar. Now, I am seeing the same thing happens in VZW. I wonder why I should be surprised. In corporate world, $$$ is the king, not customer. Maybe VZW needs a kind reminder that customers are the one who bring home the bacon.

I already filled a complain with FCC last week and waiting to hear from the law firm that I reserved to file a class action case.

[papa_leo]

Deep breath...

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

I love my Fascinate.

{word filter avoidance}...I feel all much better now. I still live my Fascinate (not that I ever hated it) but I HATE {word filter avoidance} VERIZON!!!