WP 8.1. Class Action

[FernandoGhio]

Verizon Icon owners.Windows 8.1  Are we ready for a Class Action?

<< Personal information removed to comply with Verizon Wireless Terms of Service >>

It is about time. We were deceived. Verizon stop ignoring our claims

Message was edited by: Verizon Moderator

[james1114]

It's an easy, easy case. I have seen large settlements for much less. I worked in the class action business in the past, though I'm not a lawyer. Any number of attorneys would take this case. The only issue is whether or not we could get certified--the question being; is there enough of us? Are there sales stats on the Lumia Icon out there? We only need a few hundred people to sign a retainer to get certified.

From a settlement, I want a complete refund of the retail price of the phone, interest and finance charges, cancelation of contract, and retroactive proration of service. I think that would be totally fair, given that the bait and switch looks, at this point, really, really, intentional.

I was sold a device marketed as Windows Phone 8.1 ready. Before i bought mine, I thought I had even seen advertisements for the Icon featuring Cortana. Scour the internet for any reference of the Icon with ANY 8.1 features and for any references by Verizon to the Icon.

Search for class action and consumer rights attorneys on Facebook. That sounds like a weird place to look. But law firms pay their marketing people to maintain social networking presences designed to look out for potential plaintiffs. Just message a few the Icon situation. I guarantee several will bite because of the Verizon name recognition.

[Ann154]

So which company would you sue? Microsoft is the company writing the code not Verizon Wireless.

[james1114]

Microsoft has already released the update to Verizon. it's Verizon that's sitting on it. The 928 and and the 930 both have denim. But, if it were determined that a hardware issue specific to the Icon made the icon with Cyan or Denim incompatible with Verizon's network, then I think they could be named.

[flutterfly8497]

I don't understand what the "bait and switch" is here. Bait and switch is being lured in by a low price on one item and then subjected to high pressure sales to purchase something else at a much higher price. This is not the case in your situation.

[Tidbits]

You need to PROVE there is nothing wrong with the update and there is no negative effect that can happen to the network or any privacy can't be lost due to said effect. Hearsay and speculation doesn't hold up in court. So suing may actually shed some light on the MS update process with Verizon and may help Verizon actually lock down the phone more so because of overzealous people following speculation.

[james1114]

Bait-and-switch - Wikipedia, the free encyclopedia

There you go. Do you own an Icon? If you do, you should be pissed off.  I do and I am. I shelled out $550 for a device that was supposed to be Windows 8.1 ready.

Under what other circumstance would that be acceptable?

Your comment is kind of semantic. I'll just say 'false advertising' from now on. How's that?

What if after six months, Microsoft just determined that the original Surface RT didn't sell well, so they would just withhold firmware updates from those that purchased one, allowing Windows updates only at the cost of voiding the device's warranty in the hope that the product dies on the vine?

Verizon is doing just that here with the exception that the manufacturer (Microsoft) has already released their updates. As I said in another thread, Microsoft still supports my Zune.

[Ann154]

How do you know if they have the update for the Icon? They did release the update for some other phones, but it could easily mean they only have the update for those specific phones and available to push to those phones.

If the update was ready to go and passed all of its certifications and testing phases, they would have already announced its release.

[james1114]

You're wrong. The phone was advertised as Windows Phone 8.1 ready. Regardless of the reason, or who is to blame, it is not. That is beyond dispute. That's all there is to 'prove'.

They (Verizon) advertised a device implying features forthcoming (New! Windows Phone 8.1, now with Cortana!) in an explicitly referenced software update they either cannot or will not apply to a device I purchased in good faith. We all deserve restitution.

Nothing in that aforementioned statement is in question. The only question is: can we be certified? I definitely believe so.

[Tidbits]

james1114 wrote:

Bait-and-switch - Wikipedia, the free encyclopedia

There you go. Do you own an Icon? If you do, you should be ****** off.  I do and I am. I shelled out $550 for a device that was supposed to be Windows 8.1 ready.

Just for perspective...  They never said when it would get it just it was ready.  Something to consider...  It still needs to go through the developmental and certification processes.

Under what other circumstance would that be acceptable?

Same as above

Your comment is kind of semantic. I'll just say 'false advertising' from now on. How's that?

Same as above.  They never said when...  There is no bait and switch nor false advertising.

What if after six months, Microsoft just determined that the original Surface RT didn't sell well, so they would just withhold firmware updates from those that purchased one, allowing Windows updates only at the cost of voiding the device's warranty in the hope that the product dies on the vine?

MS has done this before... Of course not everyone knows of every MS product they have released.  Like above you have not shown Verizon gave specific dates other than advertise it was ready for it when it finished it's process.

Verizon is doing just that here with the exception that the manufacturer (Microsoft) has already released their updates. As I said in another thread, Microsoft still supports my Zune.

MS may have for other products that DOES NOT mean they finished the process they agreed to when they made that contract with Verizon.  Until they finish that process it doesn't mean they are finished.

You are walking an uphill battle.  I said this with Android people for a long time and I will say it here.  6 years of history shows you will lose using these arguments.  This is why carriers, and manufacturers do not give dates.  Let alone soft dates.