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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
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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.
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So which company would you sue? Microsoft is the company writing the code not Verizon Wireless.
I'm most definitely NOT a VZW employee. If a post answered your question, please mark it as the answer.
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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.
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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.
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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.
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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.
I'm most definitely NOT a VZW employee. If a post answered your question, please mark it as the answer.
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What do you mean how do I know?
Do you know what this discussion is even about? I mean, I'm not saying you are, but if you're a Verizon employee, I totally understand your confusion.
We're talking about a smartphone running the, now, deprecated, Windows Phone 8 operating system which was replaced by Windows Phone 8.1 some time ago.
Windows Phone is the one with the colorful boxes, or tiles. Remember Ann, this is not the same as an Android running Launcher 8 that Verizon reps will hand customers when they ask for Windows Phone. It's different. This particular model was made by a company called Nokia (even with that silly name, they'd been making phones for years, believe or not) and was called the Lumia Icon. It was once an exclusive flagship device sold by the company that runs this website. I can upload a picture if you need one.
It was a slick little device with a lot of potential, hence the enthusiasm. But the company that sold it to me for $550, for unknown reasons, has been sitting on two firmware updates since at least August. It's had a sad, short run, I'm afraid, having been just ingloriously retired.
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Like I said where's the proof o your claim. Just because one device has it doesn't mean it's finished. There's a process and Verizon has never advertised a release date other than it was ready if it does get the update.
No I don't work for Verizon. I am not confused at all I got 6 years worth of data from Android devices about this issue. They all have lost using you exact argument.
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Why didn't Verizon advertise that the Icon was "8.2 ready" or "Windows 10 ready". Maybe because they were only aware of the 8.1 update & advertised the Icon as "8.1 ready" to get more sales. Only then to discontinue it 6 months later so they don't have to update as advertised because sales were slow. That's false advertising!! You can't make an advertising claim unless you know it's true; "truth in advertising" laws dictate here. Advertising FAQ's: A Guide for Small Business | Federal Trade Commission
Your argument' "they never said when" doesn't pass the smell of BS test. What is the statute of limitations for "when". You make the argument for "false advertising/bait & switch" with that statement.
Was any of your android devices sold as some "sweet-tooth" update ready & was not ever updated? Tell me you wouldn't feel as if you've been duped.
I believe the update is never coming to the Icon because as you say, "there's no money in it for Verizon."
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Take it to court, and see what happens. EOL doesn't mean end of support. HTC Thunderbolt comes to mind. There's quite of a few other devices too. Be prepared and giving advanced warning save your money and time.
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As ticked off as I am I find the idea of class action totally laughable. I'm weighing my options because I think it's no better than 50/50 that this phone sees an update.
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Behold 2... Motorola Cliq... What else was there... There's a lot. HTC Amaze and Sensation. Galaxy Nexus... Xperia Z, Z1S, and potentially the Z3 coming up. Need I continue?
If you ever read some of my previous replies on other posts you'd find I actually like Windows Phone over Android, but the problem the app I use has no alternative and the developers of these apps have not made one for Windows Phone. I even opted to code the apps for then and give them source for FREE.
Any doesn't matter.
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So your saying Verizon has a history of misleading customers and you are happy with that. WOW! and you are still being taken for a fool.
More to the reasoning that updates need to come from manufacturers & not carriers.
Sorry for your ego; I don't follow you on other posts. Most of your post (of which I have been apart of) are rehashed drivel wearing out your ctrl-c, ctrl-v keys. I am amazed at how you demand proof without you proving the converse.
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Good luck with the lawsuit. Like I said before the reasons why they all have failed. You have to prove the update is completed and passed all certification. Also if you looked at those two device the Cliq and Behold. Those were not Verizon devices.
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Cliq update was delayed because there were problems getting drivers from Sharp and Motorola went on record for that. Just a little tidbit of information. No pun intended.
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MrGecko wrote:
Sorry for your ego; I don't follow you on other posts. Most of your post (of which I have been apart of) are rehashed drivel wearing out your ctrl-c, ctrl-v keys. I am amazed at how you demand proof without you proving the converse.
much like your friend. What I told him he just verified what I said to be true when you and I believe a lot of your friends flamed me for. He apparently now has friends(which very well may be my ex-coworkers) at Qualcomm... So I guess he got his proof I wasn't lying about that. So what now?
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MrGecko wrote:
Was any of your android devices sold as some "sweet-tooth" update ready & was not ever updated? Tell me you wouldn't feel as if you've been duped.
I believe the update is never coming to the Icon because as you say, "there's no money in it for Verizon."
One thing is some took nearly a year to get updated for any type of update. So yah been there and done that. All lawsuits I saw all lost. All that is needed to be proven is that they are working on the update which MICROSOFT has shown multiple times there is an update in the works for the Icon that hasn't passed testing/certifications. There is not statutes of limitations as proven by the Motorola Cliq, and Behold II. Behold II is similar to being... "8.1 ready". Those users didn't even get 2.0 and got 1.6 and had to eat that up.
Shoot even the Galaxy Nexus for Verizon. It still hasn't been updated to match the other Galaxy Nexus devices sold, and updates are supposed to come from Google...
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I wondered how long it would take for the Galaxy Nexus to come up again. I'm still saddened even though I have moved on to other devices.
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There is no different between windows phone and Android devices when it comes to updates. They both follow the same process on Verizon. Android users have sued Verizon for the same thing you are trying to do a class action suite for. Every one of them lost. Here's why.
You are not getting an update at a time you believe you should get it. There was never an advertised date. Speculation and assumption that the update is finished and passed everything doesn't hold water without documentation. So courts will side with the companies making said update because they never made a "promise" as to when.
They advertised that the phone was ready to get the next update. Them working on the next update shows that is does accept the next update regardless if they finish or not. As long as they deliver the update regardless if it's this month, next year, or 10 years from now(soon) it's not bait and switch. Only when they say(Either MS or Verizon) said they are not going to bring the update out it will never be bait and switch.
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Ok. You're an expert on Android phones. That's awesome. But we're not talking about Android. We're talking about Windows Phone. And they are different because the Icon was a Verizon branded exclusive and there is ample precedence of an identical device running updated firmware.
You see, the Lumia 930 and the Lumia 929, wait for it ... are ... the ... same ... phone! The difference being one runs Phone 8, the other 8.1. One is on Lumia Black, the other on Cyan.
Nokia Lumia 930 vs Nokia Lumia Icon - Phone specs comparison
Firmware change logs for Nokia Lumia (Windows Phone) devices - Wiki
You understand, the phone has been retired, right? It would be interesting to know if XLTE requires the Cyan update. There is ample advertising in print and on the web of the Icon being sold as XLTE ready.

