Responsibility for Galaxy Nexus Update Delay?

[fastearle]

Yes you should....Look man, ....I really wouldnt be so upset if Verizon could simply say what is going on. Communication would be a good thing. I really have got nothing from them but static. It isnt right. I know this phone is new and will have issues because of the shiny new OS but if they, google or Verizon, are going to release it half cocked, then they should let us know that things are happening to get the issues resolved. I dont thing that would be too much to ask of a company this large and whom has this many clients...not easy i know but this is the modern age right? hell, they text me all the time!! lol Also, maybe google could at least fix the critical things first? And, couldnt Verizon put a match under their ass to speed it up? You know they could because im sure they dont like us all bitching either...I still stand by my view of responsibility though. That is where my money went...thanks for the entertainment though! I'm sure you will disagree....

[Tidbits]

NDA is something you should get familiar with. I have signed hundreds of these in the past 30 years. Some are pretty hefty just to say something and often more than they should really be.

[Tidbits]

So I should blame NE for selling me an unsubsidized device? They have no control of what Google and Samsung does...

[Devils8]

Tidbits, the basic issue, that many people have pointed out, is that the contract is between Verizon and the customer. You keep thinking of it in terms of fault. Verizon may well not be at fault, maybe Google told them the update would be ready before it was. But this doesn't really matter. None of us have a contract with Google or Samsung, which means unless we want to bring some kind of lawsuit we have absolutely no recourse. The relationship is with Verizon, as are the contractual obligations. They sold us the phones, and are therefore responsible for the product as a whole. There is an implied warranty of merchantibility which basically says when you buy a product, you have the right to a reasonable expectation that the product will not be defective. I think given that it is 2012, a brand new, much-touted, and expensive phone that has a battery life of 6 hours probably does not meet this standard of reasonableness. And regardless, when Verizon employees tell customers that the problems are software related and will be fixed very soon, and this turns out not to be the case, that is a serious problem. Especially when you have only have 30 days to return the phone. Do you return it? Do you wait for the update? The customer shouldn't have to make these choices in the dark, without any consistent message from Verizon on the issue.

Even if Verizon has no control over when the update is released, it doesn't matter--that's an issue between them and Google. What matters is the contract they made with their customers, and the statements and promises they made along with the sale. And if a Verizon rep makes a false promise, then the company can be held responsible. I think what pisses people off so much is just the feeling that they are completely ignoring their customers. If Verizon genuinely believed the update would come out sooner and fix the problem, fine. But since it hasn't, they should issue a statement to their customers explaining the delay, and probably offer some kind of remedial measures, like an extension of the time period for returning the phones. But as it is, I feel they are treating their customers very poorly. The underlying problem could fundamentally be Google's fault, but again, what are we supposed to do about that? Call Google? Things happen, and issues like this aren't uncommon. But if a BMW salesman sells you a car, the implied warranty is that it will be of reasonable quality given the price, etc.. If it stalls out every time you drive for more then 6 hours, it fails to meet that standard. The fault could be a parts manufacturer in South Korea, but it makes absolutely no difference, BMW sold a product, and is responsible to its customer. If it says "sorry, but the South Korean carborator is screwed and there's nothing we can do," it is breaching its duty. If it has to absorb extra costs to make up for this issue, even though it's the parts manufacturer that screwed up, that's a standard part of doing business and interacting with customers in a proper and legal way.

I have talked to numerous Verizon reps, and they were all courteous and professional. But the problem is I got conflicting explanations on what the problem is, when it will be fixed, etc. Clearly someone out there knows what's going on, and like fastearle said, just coming out with a statement to its customers truthfully explaining what is really happening would go a long way towards restoring faith in the company.

[Tidbits]

@devils8 As I have pointed out just because you sign a contract doesn't make a difference.  As I have pointed out...  You don't complain to the bank(Verizon subsidizes the phone, and MANUFACTURER sets the prices) when something goes wrong with that BMW.

You go to a BMW dealer which is authorized to fix, or replace and charge BMW the corporation for the repair or replacement throughout the warranty period.  There is no agreement like that with Carriers and manufacturers.  Carriers can only replace devices with what the manufacturer gives them beyond the 14 day(minimum by law in most states) to 30 days.  Verizon is not a repair center, nor a manufacturer so everything has to be done through the manufacturer.  It's no different than what BestBuy and Gamestop does.  Lawsuits over the past 20 years all have sided with this.  The most noticeable one was the one that made it to the Supreme Court in 1998.  Which we ended up getting diminishing ETF's, but also concluded the Subsidization is nothing more than a LOAN.

They have no control of the device and know anything about what is going on beyond what Google/Samsung has told them. Bring it up with Google like developers have been doing since ADP devices were around.  Google hasn't released any code past 4.0.3(Nexus S), and BOTH Galaxy Nexus are still at 4.0.2. 

[Devils8]

Honestly you're willingness to defend Verizon is bizarre. No one is saying Verizon is an evil corporation, just that their customer service regarding the Nexus has been extremely poor, and that it is a flawed product. "Just because you sign a contract doesn't make any difference." That is the complete opposite of the truth. We have no contract, nor do we have any bargaining power, nor do we really even have any way of "bringing it up" with Google or Samsung. This is because we have no contract with them, we aren't paying them, etc. Verizon sells phones and phone plans, and as a seller, who makes contracts with purchasers, it is responsible to the purchasers. I don't know what Supreme Court case you're talking about, but this is the basic foundation of every commercial transaction. The seller supplies the product, and if he has problems with his "suppliers", in this case who I will analogize to Google and Samsung, he has to work it out with them--the burden is not on the customer to deal with multinational corporations to try and get a problem rectified. That is absurd. To say take it up with Google is a preposterous statement. What bargaining power do I have with Google? Absolutely none. I have no contract with them, and they have no obligation towards me.

You're right, warranties are involved, and carriers are only required to replace a product if you have purchased insurance. But if in the initial purchase, the product was flawed, and misleading information was given about an "update" that would fix the problem, these representations become part of the contract. Whether one has insurance or not, it becomes quite different. Then it becomes an issue of potential  misrepresentation.

Regardless, you're missing the point. Are you suggesting that you don't care how Verizon treats its customers so long as at abides by the minimum of the law? If that's you're position, fine, but it's a poor way to run a business and they will lose a lot of customers, and see their brand name seriously tarnished. Whether they are legally required to make some kind of restitution to Nexus customers is not the issue, I don't think anyone on these message boards is planning a class action lawsuit. The point is it's unfair and misleading to treat customers this way. As a Verizon customer for years, it is disturbing, and I don't care if they are obeying the letter of the law or not.

If you work for Verizon, why not provide us some more information? If not, honestly, why are you so deadset on defending them? I think people are justifiably upset that they have received a flawed product, and the company that sold it to them has not dealt with the issue well. Why is that concept so unacceptable?

[Tidbits]

@Devil8 please don't make me laugh.  I am not defending them at all.  I am pointing at the fact this has ALWAYS been this way regardless of company.  I am not a person to pull a double standard to get what I want. 

That's the difference between you and I.

[Tidbits]

@devil8 do a lawsuit if you feel you are not being compensated or "lied" to.  You should have a case right?  Why are you not doing it?  Too expensive? only $27 in most states...  Yet you can afford $85 a month for a cell phone...  It'll get thrown out of court and never hit the floor because Verizon didn't manufacturer the device...

Oh about the coffee thing someone mentioned at McDonalds.  It was made in Mcdonalds when they brewed the coffee.  The company who made the coffee mix has no control on how McDonalds makes the coffee.  That is similar to how Google/Samsung made the device, but used Qualcomm chips.  Verizon still isn't even in the picture. I still see no one complaining to BB or GameStop that their Xbox 360 has RROD after 30 days...

[Devils8]

What double standard do you mean?

[Devils8]

Dude, why are you so angry? And no, it would cost quite a bit more than $27 to sue a multinational corporation. And again, I like Verizon, which is why I have been a customer for so long. Basically you're saying if you are a customer and you're dissatisfied, either "put your money where your mouth is" and sue the corporation or just suck it up? Why do you even post in these forums if you aren't having problems with your phone? I thought that was the whole purpose of these message boards?