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What happens when customers file a class action case against a phone company?

Have a look at what had happened to T-Mobile and its stubbornness to address customer concerns.

Shortly before the Christmas holidays of 2010, T-Mobile and Samsung stated that there is no working version of Froyo for Samsung Vibrant (Fascinate's "brother" in T-Mobile line).

It immediately triggered a "riot" among T-Mobile Vibrant customers, demanding the Froyo upgrade ASAP by posting tons of messages and treats with class action case, across dozens of blogs and web media sites.

T-Mobile and Samsung tried to play it down as they didn't take those treats seriously but T-Mobile customers had guts and secured law firm to file a class action case against Samsung and T-Mobile alleging that they are deliberately holding back Froyo update.

Just a few days after the class action case was filed by Edelson McGuire law firm in California, Illinois, New York, and Florida states, T-Mobile chief marketing officer Cole Brodman announced today that Froyo will be started to be delivered to Vibrant starting tomorrow Jan 21, 2011.

How the hell in the wold T-Mobile and Samsung came out with a working, fully tested, and ready to be distributed Froyo version in less then 3 weeks is beyond my understanding (and I am an IT manager).

The morale of this story...if that what it will take Verizon and Samsung to upgrade Fascinate to Froyo, I am all for it. Verizon!!! Can you hear me now?

Comments

steveanderson13

Well, the settlement in the FCC/Verizon case, over the $1.99/mb inadvertent usage, might be enlightening. I think each plaintiff got a few bucks ($2, $6, $10?) and the lawyers, if they received scale, would have received $25 mil. Of course, if they had to divvy up that between, say, 100 lawyers, it becomes a pittance of $250,000. So class action is definitely the way to go--the more plaintiffs, the bigger the fee. Then again, it is just an update. It would make a great "Perry Mason" episode.

bass9510

Please will someone start one for Samsung Fascinate Verizon. I work for at a large corporation, UTC that gives me a discount for using Verizon. I like the Fascinate and tolerate most of the bugs but not having 2.2 with flash is a major pain in the neck. My wife got the X and I wish to God that I would have. I am so limited with not having flash on this phone because so much of the web has flash. I can not believe how they promise 2.2 for us and then just leave us to dry. I am really thinking about sending out a company wide Notification about Samsung and Verizon. People need to know about how little they care about customer support. Please, please do not get this phone or use Verizon.

papa_leo

Is there any lawyer on this blog, who is using Fascinate on Verizon? Can you recommend your or any firm that would be willing to handle this type of class action lawsuit?

WiL2Fascinate

I have contacted a few law firms and they are viewing the poosibilty. As soon as i have an answer i will relay. It is looking good.

steveanderson13

That is great news. Keep in touch. What grounds did y'all discuss?

Spiral

WiL2Fascinate wrote:
I have contacted a few law firms and they are viewing the poosibilty. As soon as i have an answer i will relay. It is looking good.

Looking good for the Lawyers to make some money off of you. LMAO

papa_leo

Lawyer's fee are almost always comes from a settelment fee. So as long as Verizon and Samsung will be tough a lessons, I am good with that.

WiL2Fascinate

Most Likely deceptive practices. But there are a couple other possibilities they said so, just a waiting game. And yes the fees will come from the settlement. I'm not in it to make money. I'm in it to teach these jerks a lesson.

PJNC284

ha good luck with that.

WiL2Fascinate

What kind if stupid statement is that? That statement is what sets leaders from followers. Leaders do what they have to do to get a job done. People like you would rather do nothing and take it up the **bleep**. So actually I'm gonna say to you "Good luck with that".. Some of us have motivations and actually act on those motivations.

PJNC284

Unlike you, I'm apparently satisfied with my Fascinate and its performance. I came from the OG Droid and researched Samsung and the phone beforehand, so I knew what I was getting into when I bought it and didn't come in with outrageous expectations. Thus I'm not whining and complaining with a sense of entitlement on a forum that's meant to help people having issues. And I guarantee that the complaining continues when Froyo finally gets here cause it's certainly not going to make a significant enough improvement to the phone to the point where someone who isn't happy with it now will be happy with it after the update.

WiL2Fascinate

I apologize for your ignorance in thinking it is an outrageous expectation for somebody to do what they say they ate gonna do. And yes I do love my phone. I would love it even more if I had the update I was promised four months ago. And btw I don't whine about problems, I get them solved.

PJNC284

Promised? Got that in writing?

WiL2Fascinate

It doesn't have to be. Maybe you should go to school for law then you can come talk to me.

PJNC284

I'll get right on that...when this so called law suit gets anywhere.

yoworm

PJNC

**bleep** do you need a girlfriend. You are in here hating on people complaining about a phone and a company that is under achieving. If you did all this research (evidence you have too much time on your hands. {please keep your posts courteous}) then you would know that most Verizon and store Reps tell the customers that the phone was to be updated in October then November Then by the end of the year and still nothing.

For some their anger may be strictly about the phone being broken and no patch arriving until last week to fix it. For some it may be because as you say we think we are entitled to an update for a piece of equipment that Verizon has us locked into a 2 year contract on. One would think if we are locked to the phone by Verizon they would do their best to make sure the phone stays current through the duration of the contract. There are 2 operating systems above ours out now and they are working on ice cream sandwich, so maybe it is about time we get the update that is 6 months behind the times. For some it maybe about the principle of good business or in this case the lack of good business and extreme lack of customer support. And for many it is probably a combination of all of that but to think we are whining as you say just to improve an already great phone would be wrong.

Maybe my restaurant example I posted earlier would help you understand or maybe you do understand but you need to comment on a forum to replace the lack of social contact in your life either way feel free to take shots at people on the forum and defending Big Red as they continue to decline in customer service raise prices and take away incentives (NE2).

bigfrank69

You all can **bleep** off because your fighting about nothing. We all seem to love the phone and it does have problems but it has been said that when we do get Froyo you all will still have complaints because you all are a bunch of whining children talking about law suits. Have a nice night.

WiL2Fascinate

PJNC itll get farther than you sitting at home playing with the stranger. And Yoworm hit the nail on the head. Thank you.

PJNC284

hahaha. How old are you guys again? 3?

bigfrank69

Well said pjnc284 this is getting crazy

papa_leo

No, it's not crazy. Customers deserve to be treated with respect. All the reps, supervisors, store managers, tech support while at work represent point of view of the company that they are being employed by. If they are not sure about something they should be referring customers to Customer Relation department and not to make promises of the Froyo availability. All sales pitches that resulted in sale of Fascinate (including promise of Froyo delivery date) either in verbal or written form are contractual obligations that Verizon should oblige. The law suit against Verizon and Samsung should be based that due to missing delivery of the upgrade, 2 year contract should be annulled.

Jenfbragg

If someone gets the ball rolling on this, please include me in! I have had this phone for just one month and I cannot send video messages by text or by email and I am soooooooooooooooo angry!!

I have my son's first steps on a freaken video for my in-laws to see and I cannot even send the video to them!

I can recieve video but I can't send it????? {word filter avoidance}
?????

I feel like I just got robbed!

bigfrank69

You might have a bad phone but you need to check resolution settings and make sure it is set for sending and I think the second to the last res setting. You can put to highest on normal video record and hook to pc and download to view and put on YouTube from there. Stay calm and keep looking here for more solutions because the phone is great for vids and like I say it might be your phone and they will replace if it is defective..

ladybell

If someone gets the ball rolling on this, please include me in! Beyond frustration to the point on your first post that you are ready to jump on the lawsuit band wagon. Really? A little hostile.

I have had this phone for just one month and I cannot send video messages by text or by email and I am soooooooooooooooo angry!!

I have my son's first steps on a freaken video for my in-laws to see and I cannot even send the video to them!

I can receive video but I can't send it????? {word filter avoidance}
????? I just checked mine and I am having the same issue so I get the frustration. Let's start a post to see if someone here can actually help us correct this. Your son's first steps are really something special and I am sure you'd like to share that.

I would have NEVER< EVER< EVER<EVER, bought this phone had I known it was not going to work and SHAM, SHAM, SHAME, on the Verizon salesperson to tell me to my face that it worked, knowing **bleep** well that I'm this is a HUGE problem with this phone and the fact that Samsung doesn't have an update to the software or Droid 2.2 that may help to fix the problem. Maybe the salesperson knows it will work but just assumed you (or me for that matter) would know how to use it? Or maybe that salesperson really didn't know what they were talking about. What would be nice is if the operator manual was a little more descriptive. Since it's not, then you just have to ge the manual on line and see if maybe we are doing something that isn't allowing the videos to be sent to other sources.

I feel like I just got robbed! Probably not, more like misinformed. Either way it is frustrating, but no one here said for you to "shut your mouth" exactly. Calm down and use the forum for what it is meant to be and lets see if someone can tell us how to get those videos sent. I'll get it started because I am now rather curious myself.

bass9510

Sign me up. I am so ready for this. I am not an impatient teen, blowing smoke. I am an old 50 year old business owner, that wants what he was promised for his phones. 2.2os.

M91-30

you were not promised 2.2. ever.

papa_leo

Yes, we were promised Froyo. Why don't we start posting names of the dishonest sales rep, their managers, and other Verizon representatives names who promised us Froyo. So let me start with those liar's names:

1. Verizon wireless corporate store salesman (name John) at 6070 Johnson Dr in Pleasanton, CA

2. Verizon wireless corporate store manager (name Ed) at the same address as above.

3. Best Buy Mobility (store #134) salesman (name Mark) at 4820 Dublin Blvd in Dublin, CA

4. Numerous phone tech support personal at Verizon (don't remember all their names).

Let's go. Post it and let them be ashamed for laying to their royal customers. SHAME ON VERIZON!!!

M91-30

they don't legally represent verizon. verizon says nowhere in official form that you are to get froyo. neither does samsung.

papa_leo

Yes, they do. I spoke with a retired judge who now works as mediator at "The Brandi Law Firm" in San Francisco and was told that

Sales representatives are just that: legally representing the company to the buying public. Any offers made in written or verbal forms are all parts of the legal binding between selling and buying parties.

Don't trust me check on that with a lawyer of your choice.

Shinebox

They do represent Verizon Wireless and Verizon Wireless can get in A LOT of trouble for it as well. There is enough evidence to show that several people we deceived by Verizon's sales people into believing that their devices were fully functional and were going to be kept up to date.

It doesn't matter to me anymore, as soon it's leaked I'm rooting. I don't need V Cast Crap or bloatware taking up memory/space on my phone.

M91-30

good grief, they don't take up any of either. they are shortcuts to let you download the program, nothing else.

LBell

I just seriously find it comical that any intelligent adult who bought any phone that they knew at the time they bought it (because some deceiving rep said it was coming soon to a phone near you) was incomplete or without the current 2.2 would buy the phone anyway if that was the selling point for them. Seriously. How ridiculous is that. My rep mentioned the 2.2 upgrade possibility but never claimed by a date or time or anything of the sort. I didn't buy my phone for some POTENTIAL upgrade. I bought it for what it would do RIGHT NOW.

How many of you jokers bought a LED flat screen waiting on the upgrade to 3D? Gosh I would love to sell some of you guys electronics.

Rashid

Lbell well put

M91-30

diddo

papa_leo

I personally bought Fascinate for what it was when it came out.

I didn't put a word about Froyo in Verizon's salesman, managers, tech phone reps, or Best Buy Mobility reps. They are the ones with a big mouth telling left and right how great this phone will be soon when Froyo will be delivered.

All of them represented Verizon and now it is time to pay up.

Verizon should either train their reps to keep their mouth shut when they are not sure about something or deliver Froyo as they were telling us all along. In either case, this should be one of the lessons learn for Verizon.

LBell

Law suit this... law suit that. I thought this type of "pay up" whiny 90 stuff was gone a decade ago. Look my rep quite frankly was not wise to Verizon or their policies, products. He was a T mobile customer that got a JOB. That's it. A Job. And as much as some of us would like to think that people take their JOB seriously. Well.

I could tell within a matter of minutes that this kid didn't know the first thing about what I was looking for or what I needed. That was for me to decide. He needed a sale. End of Story. The rep and his manager tried to talk me into a different phone because I was haggling for the best deal I can get. Bottom line. The phone rocks. It's fast, the screen is top notch. I care less about bloatware until some how I find myself without space on this 18 GB possible phone. I looked at the other phones. I shopped on line for days prior to visiting a store. I never even considered this phone. I was debating the Blackberry and the Droid X. When I saw the fascinate which that kid had. I started playing with his phone, then the store model. I checked out the other phones then and after almost three hours in the store, I walked out with the right phone. Whining about Froyo and expecting perfection from human beings who are far from perfect seems futile and a waste of time. What I am most concerned about is we all might get what some of you guys are asking for. That one guy bass something keeps talking about how cool his wife's phone is with 2.2. Really that is great. She has a droid phone I believe which the Fascinate is not a droid. It's a Galaxy S phone using and ANDROID OS. Who know is the tweaks for that phone are the same for ours? So at this point I think I would be happy to let the guys/gals who apparently know more about the operating systems and the phones tweak whatever they need and give me the dang upgrade without putting a rush on it to meet the whining demands of a number of people so I don't have to fix the first 10 bugs with 12 updates.

I hope we get a quality upgrade and I hope sooner than later you guys who feel jaded, somehow get what you need. I just don't see how all this complaining is actually going to get the process done any faster is all. And the whole class action stuff is just crap. So they are late. How many times have we experience LATE from everything and everyone and some point or another. It's life.

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