well go for it. Everyone seems to be all talk these days.
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. What proof do you have?? Do you have a recording of a sales rep, supervisor, cust care rep or other Verizon employee making these statements? Has Verizon posted on their official website a release date for FROYO on the Galaxy S line? In order to win your case, you have to be able to prove it with a preponderence of evidence. A group of people engaging in he said she said claiming they were told an upgrade was coming soon are very unlikely to win this case.
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. How did they bait and switch you? Did they originally offer a Fascinate with FROYO and then give you one with ECLAIR? Seems to me they sold you the phone the way it was advertised, with 2.1. Verizon has never published a release date for the software upgrade, therefore they didn't bait and switch you at all. In order to even consider litigation you should have some kind of evidence to support your claims.
Read my other comments.
1. Yes, I have proof...Verizon records conversations that I had with them over the phone as well as note that I was told being added to my file. Verizon will have to release those recordings as soon as case will go to court.
2. "Bait&Switch" tactic was applied to me in the following matter...I was dissatisfied with Eclair performance of Fascinate and decided to cancel the contract within the guaranteed 30 days period three times and every time I was told that Froyo is coming any day so I shouldn't cancel my contact. After the 30 days were over, Verzion told me that Froyo is not coming in a foreseen future and should I decide to cancel my contract ETF will apply. What kind of tactic is that if it is not Bait&Switch...?
[Edited to comply with Terms of Service]
Though I agree with your thoughts on lawsuits, your comparison is off base. If a sales rep at chevy told me that in a couple of months they were putting out a better version of my car then I would wait to buy that version. The sales rep at Verizon told me the update would be before the end of the year so you have an expectation before you nmake your purchase.
papa_leo wrote:Read my other comments.
1. Yes, I have proof...Verizon records conversations that I had with them over the phone as well as note that I was told being added to my file. Verizon will have to release those recordings as soon as case will go to court.
2. "Bait&Switch" tactic was applied to me in the following matter...I was dissatisfied with Eclair performance of Fascinate and decided to cancel the contract within the guaranteed 30 days period three times and every time I was told that Froyo is coming any day so I shouldn't cancel my contact. After the 30 days were over, Verzion told me that Froyo is not coming in a foreseen future and should I decide to cancel my contract ETF will apply. What kind of tactic is that if it is not Bait&Switch...? [Edited to comply with Terms of Service]
actually they say "this conversation MAY be recorded" so it also may not be. maybe they only keep strange calls and delete otheres daily, who knows
GTJosh73 wrote:The sales rep at Verizon told me the update would be before the end of the year so you have an expectation before you nmake your purchase.
That was the general consensus among everyone. That it would be availble in November or December. The rep can't control software updates though. You usually have a target date but deadlines are often missed. There are a lot of things that go into getting an update ready and there is usually never a hard date until the last minute (see sprint and at&t's announcements). That's what makes the idea of a law suit absurd.
@GTJosh73,
Your comparison does not stand here. Cars are not upgradeable items when one engine, transmission, brakes, whatever can be easily updated by the maker of the air.
Smartphone's OS on another hand is upgradeable and one shouldn't wait for a new OS to become available before making purchase unless he/she really can't live without options that new OS will bring.
Please try to understand me correctly, I got used to Fascinate with what it had even with a bad GPS and other hiccups...what I can't live with is the fact that I got stock on the contract and Verzion is not keeping his part of the promises.
yes. this happened with my eris as well. they kept pushing release dates back endlessly.
papa_leo wrote:Read my other comments.
1. Yes, I have proof...Verizon records conversations that I had with them over the phone as well as note that I was told being added to my file. Verizon will have to release those recordings as soon as case will go to court.
2. "Bait&Switch" tactic was applied to me in the following matter...I was dissatisfied with Eclair performance of Fascinate and decided to cancel the contract within the guaranteed 30 days period three times and every time I was told that Froyo is coming any day so I shouldn't cancel my contact. After the 30 days were over, Verzion told me that Froyo is not coming in a foreseen future and should I decide to cancel my contract ETF will apply. What kind of tactic is that if it is not Bait&Switch...? [Edited to comply with Terms of Service]
actually they say "this conversation MAY be recorded" so it also may not be. maybe they only keep strange calls and delete otheres daily, who knows
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Actually, I always ask my conversation to be recorded. I am old-school and like everything to be in writing (one way or another). So if they purposely deleted customer-requested conversation and/or eraised notes from my file (or haven't done it in the first place), that is considered a conspiracy.
These posts are literally cracking me up and causing me to question the judgments of most. Papa_leo it seems you are seriously MAD. No longer frustrated. Just plain mad. I don't mean to make light of it but seriously, your claims that any rep regarding this phone device and this software and this network of providing Froyo "any day" will never hold up honey. This is not specific and in light of the fact that so many people do call to do nothing more than stir the pot or cause a fuss, I can only imagine that not every call is recorded. Even if you "requested" your communications to be recorded, doesn't mean it happened and it's their recording. If you want to ensure you have the proper documentation to basically CYA as we call it, then you maybe should have recorded the calls yourself, requested written documentation of when exactly "any day" was going to be before you proceed with a class action lawsuit. I don't think any of us like be mislead. However the only documentation you apparently have is a contract you signed for a phone that worked as "written" that it would at the time of purchase and nothing more. I am sorry you are so steamed but you'd better serve your blood pressure by being patient and waiting for the update. For that matter, if you need flash, then can't you just go to the market and download the app? Seems to be allot of tension that is not necessary. The only advise I can offer you is NEVER BUY ANYTHING ON A PROMISE THAT AN ITEM WILL BE SOMETHING ELSE ANY DAY NOW. YOU HAVE TO MAKE PURCHASES BASED ON WHAT THE ITEMS OFFER AT THE TIME OF PURCHASE OR YOU ARE THE FOOL AND HAVE NO LEG TO STAND ON IN THE COURTS. So sorry to say it this way. Good luck.
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