Class Action Lawsuit (Volume Issues Etc.)

[Guest Alfadawg]

I have first hand knowledge that a class action lawsuit against Motorola, Cingular, and ATT Wireless is about to be filed in Philadelphia. The suit is brought on from MPX 220 owners in the Philadelphia area. The suit states Motorola and Cingular had prior knowledge that the MPX 220 had volume and other performance issues. The remedy that the plaintiffs will ask for is a Full Refund of the purchase price of the phone (You get to keep the phone), Full Refund of any Cingular and ATT charges, Modification of Firmware and/or Hardware to resolve known issues, and all Legal Fees and Expenses.

[Guest awarner [MVP]]

Interesting :?

Don't you just love the lets sue the ass off everyone attitude of todays society :)

This will be an interesting one to watch, please keep us updated :(

[Guest Skunkchild]

lets sue the ass off everyone attitude

Only in America

[Guest awarner [MVP]]

Britain seems to be going this way way as well with it's no win no pay

system :?

Cough and get sued for spreading disease :wink:

[Guest midnight]

yup, the whole world has gone soft and full of people complaining over the tiniest things, so sad

[Guest dansauer]

I'm not sure I understand the reasoning on this.

If the phone is so bad, why would this people want to keep it :?:

The judicial system is quite busy the way it is, why overload it even more, you don't like the phone, return it and get one you are happy with, to me is that simple, why go to court just to get a phone you dislike so much for free..... :shock:

Just a thought.... :?

[Guest fowen]

I received my MPx220 (AT&T Version) with the .342 Firmware and don't see any volume issue. It is not as loud as the MPx200 was (the loudest phone I have ever owned) but it is much louder then a regular cell phone (V600, NEC 525HDM).

I don't see what the big deal is. If the previous firmware had a issue, fine send it to Moto and they will upgrade the firmware and all is well. Bugs are a problem with any new product and it is the price you pay for being on the cutting edge of technology.

This is why I waited 2 months to get the phone. I knew it was going to have problems, and my MPx200 was working fine at the time.

[Guest AlbertoM]

Assuming that is true - and you hear about class action suits every time a new phone or PDA does not rise to the level of expectation of some customers - I expect it will be dismissed out of hand, as there are fixes available - and for every person who states that the volume is too low, Motorola would be able to produce people who complain that is too loud.

Furthermore, asking that the phone is free, AND the service is free, AND costs? How about salary, free meals, etc. Give me a break.

This is not what class actions suits are about.

[Guest McHale]

ahhh... the beauty of America. People who are too lazy to get the FW upgrade merely have to send a "me to" email to some jerk looking for attention and/or money.

Since a FW update to fix the volume issue is already out there, I don't know WHERE to begin to explain how dumb of an idea this is. Early adopters suffer more problems than those who wait. Duh.

The phone is still getting support so there is no valididty for the lawsuit. If the phone were no longer getting updates, there may be some merit to this. The phone is only a couple months old with no new one slated to replace it. There are FW updates coming very soon and the ones already out there fix the issues (assuming you have made the effort to get it).

Alfadawg, it sounds like you're a major player in this lawsuit. You may want to read some of the forums and see what's going on with the FW before continuing. This will be a wasted effort and I guarentee it won't go anywhere.

Besides, there have been NO (and I stress *NO*) volume complaints from AT&T customers (they have a different FW). Cingular's original FW (.325) had issues but not everyone was effected. I started with .325 and had no problems at all. .342 increased the volume issue significantly. 1.30 made it even louder. All the "plaintifs" have to do is take it back if they aren't happy. But if they didn't, they have to wait for FW updates.

Class action lawsuits are for people who lose a fire caused by a defective toaster. It's not supposed to be used by whiney nerds who want a feature change on a product they just bought (and could have returned within 30 days - how long did it take for them to figure out the volume was low?)!

Geek 1: "Boy if my Sony laptop had BT, I could connect to my cell phone wirelessly. I should start a class action lawsuit!"

Geek 2: "Um... you knew it didn't have BT when you bought it. You know you can take it back and get a different laptop."

Geek 1: "Yah, but this has all the features I want at the price I want. Every other laptop has BT, why not this one. They could have easily added it if they wanted to."

Geek 2: "You're a moron."

-Mc

[Guest dchester]

I have first hand knowledge that a class action lawsuit against Motorola, Cingular, and ATT Wireless is about to be filed in Philadelphia. The suit is brought on from MPX 220 owners in the Philadelphia area. The suit states Motorola and Cingular had prior knowledge that the MPX 220 had volume and other performance issues. The remedy that the plaintiffs will ask for is a Full Refund of the purchase price of the phone (You get to keep the phone), Full Refund of any Cingular and ATT charges, Modification of Firmware and/or Hardware to resolve known issues, and all Legal Fees and Expenses.

Isn't there an ambulance some place that this lawyer could be chasing?

[Guest goe602]

Who cares if some normal people get around the system and screw over a MAJOR MULTI BILLION DOLLAR CORPORATION?

I dont agree with people suing each other all over the place for little things, but I'm all for sticking it to any huge corporation when you get the chance. It's not like the money you would get from suing them is going to have a negative effect on them anyway. It's a drop in the bucket to them.

Large corporations are like the plague.

Just my 2cents

[Guest AlbertoM]

Who cares if some normal people get around the system and screw over a MAJOR MULTI BILLION DOLLAR CORPORATION?

Because it is illegal, unethical and immoral? In another words, it ain't right - and besides - that's not what we are talking here. We are talking about lawsuits.

I dont agree with people suing each other all over the place for little things, but I'm all for sticking it to any huge corporation when you get the chance. It's not like the money you would get from suing them is going to have a negative effect on them anyway. It's a drop in the bucket to them.

You are right. They are not affected and they do not lose money. They pass on the costs to us. You, me and anyone reading this. Thanks!

Large corporations are like the plague.

Then, do not buy anything from a large corporation (By definition an incorporated business). Buy everything from small shops. Good luck.

Just my 2cents

Mine too.

[Guest goe602]

1. It is not illegal to sue a corporation.

1. They will hike up the prices for everything for no reason anyway.

3. And if it were possible to not buy from these companies I would, but it's not as you know. It's sad that we rely on these corporations. Very sad.

Maybe if enough corporations were sued enough times we could go back to small businesses.

It'll never happen

[Guest paul34]

1. It is not illegal to sue a corporation.

1. They will hike up the prices for everything for no reason anyway. 

3. And if it were possible to not buy from these companies I would, but it's not as you know. It's sad that we rely on these corporations. Very sad.

Maybe if enough corporations were sued enough times we could go back to small businesses.

It'll never happen

And then the small businesses would grow into large businesses, who would then be sued again. What's the point here?

The point is that this lawsuit is moot and unnecessary.

[Guest McHale]

You know... I never thought of it that way. Let's see if we can kill the following companies:

McDonalds (for making everyone fat... bastards!)

Microsoft (for making a windows OS that nerds and geeks try to hack)

*ALL* the record companies out there (for charging me way too much)

Anyone else I can think of later.

What will this get us?

Well, first, no good place for fast food as we will kill off all fast food companies and leave only truck stops and ice cream stands

We would have no Windows XP or Microsoft Smartphones or PocketPC's or...

We would have no musical artists making enough CD's to sell to the world market. Oh yah, we wouldn't have CD players or DVD players or...

Anyone that says we should sue all "big bad" corporations is obviously too young to understand how the economy works and jobs are made. Good luck with that voting liberal thing in the future. You have Michael Moore and Barbera Streisand as your role models...

I'm done with this thread. This is just way too stupid to even acknowledge exists.

-Mc

[Guest AlbertoM]

1. It is not illegal to sue a corporation.

No, but you said "Who cares if some normal people get around the system and screw over a MAJOR MULTI BILLION DOLLAR CORPORATION?" (emphasis mine) Which is entirely a different thing.

And

I'm done with this thread.  This is just way too stupid to even acknowledge exists.

-Mc

No kidding. Me too.

[Guest MadSci]

Since the 220 is still being supported, this will not go too far, although releasing a device that is known to be buggy is in effect false advertsing and causes considerable grief to those who would reasonably expect a fully functional device for their hard earned $.

Note to lawyers, the MPx200 had far, far greater issues that were NEVER supported or corrected in any way. This is where the legit comlaint lies! I think all MPx200 owners should get a free MPx220 (once the bugs are worked out) to compensate for the false claims of Motorolla and ATTWS.

Sign me up for THAT lawsuit anyday :twisted:

[Guest paul34]

Since the 220 is still being supported, this will not go too far, although releasing a device that is known to be buggy is in effect false advertsing and causes considerable grief to those who would reasonably expect a fully functional device for their hard earned $.

Note to lawyers, the MPx200 had far, far greater issues that were NEVER supported or corrected in any way.  This is where the legit comlaint lies!  I think all MPx200 owners should get a free MPx220 (once the bugs are worked out) to compensate for the false claims of Motorolla and ATTWS.

Sign me up for THAT lawsuit anyday  :twisted:

When a company releases a product with as much functionality and complexity on the hardware and software level, it is obviously going to have problems and not be perfect. I'm not saying Moto should have done a much better job, but you can't expect a perfect product at this early in the phone's age.

If we sued all companies that released defective products, I guess I should've sued Panasonic because I got a defective phone; I guess I should sue Canon because I had to return my i850 twice to get one that worked correctly; let's sue MS, because they have bugs in their OS; let's sue anyone who's ever worked on Linux, because even Linux has some bugs; you get the idea.

A lawsuit would be fair in the instance that someone was injured or their property was significanlty damaged. For example, some type of defect in the newer F-150's allows the engine to catch on fire (even when the engine is off) and I know of one person who has lost their entire home due to this fire. In this case, yes, gathering up other people who have suffered damage as a result should begin a class-action lawsuit against Ford.

[Guest ppcmd]

I do expect some bumps in the road when anything this complex is launched and the blame should be even spread around. Microsoft, Cingular and Motorola. MS for the issues in the BT stack, really why did they create a WMSP2003 SE was it really worth it. Cingular for the high and mighty changes they make that cause more issues and Moto for jumping the gun and thowing the baby out with the bath water.

In the world of high tech sector users demands are great and technology becomes outdated even faster. It seems to be they have a road map for their SmartPhone products but could care less to get it right the first time, but would rather wait and update each time. Users are stuck waiting for the next verison to fix the last one.

In the world of plain PDA's you can change mfg's (not OS) and not loose much, but in the world of mobile phones, smartphones and pdaphones you are stuck with what the carrier wants to allow and when they want to carry it. This was one of the key reasons for leaving Verizon after 10 years. The I700 was nice but the OS update took over a year to get and then it was still crippled by Moto and Samsung.

[Guest midnight]

I do expect some bumps in the road when anything this complex is launched and the blame should be even spread around.  Microsoft, Cingular and Motorola.  MS for the issues in the BT stack, really why did they create a WMSP2003 SE was it really worth it.  Cingular for the high and mighty changes they make that cause more issues and Moto for jumping the gun and thowing the baby out with the bath water.

why did they create SE????? so they can have new screen resolutions and screen rotations. OK, no Smartphone has any new res yet, but it will happen (and is happening, 240 x 320 res Smartphone, lovely), and they want to keep both the PPCPE and Smartphone versions at the same version (for obvious reasons), the MPx would not exist if it wasnt for 2K3SE, and we wouldnt see screen rotation for webpage viewing on devices such as the JAM and M2000. 2K3SE is also a lot more stable than the old 2K3, and as far as BT stack issues, i cant see much wrong with the BT stack in the C500.

[Guest chanceu]

Ya know...it isn't the fault of the people who sue to get what they want. It's the judges and juries that agree with them and award them rediculous amounts of money. No matter what country, as soon as people realize that they can sue and get a lot of money for nothing, it will explode.

As an American, I agree that frivolous law suits are a plague on our society. I also take offence at the idea that ALL of us do it.

If you go to the doctor to have your tonsils removed and you end up having an arm taken off, you have every right to retribution. If you buy a mobile phone and the volume isn't loud enough for you, take it back and get another one!

[Guest NerdENerd]

Who cares if some normal people get around the system and screw over a MAJOR MULTI BILLION DOLLAR CORPORATION?

I dont agree with people suing each other all over the place for little things, but I'm all for sticking it to any huge corporation when you get the chance. It's not like the money you would get from suing them is going to have a negative effect on them anyway. It's a drop in the bucket to them.

Large corporations are like the plague.

Just my 2cents

<{POST_SNAPBACK}>

Its reatarded mentality like this that makes people think they can win a riduculous lawsuit.

Plus it also increases the cost of thing we buy.

You are a moron!

Why don't you go sue your parents for producing such a stupid person.

Edited January 5, 2005 by NerdENerd

[Guest BeyondtheTech]

It's sad that it sometimes has to come to class action lawsuits, but sometimes, I feel it's more understandable, considering you're not just buying a product, but your actually locking yourself into that product for 1 to 2 years with a recurring charge. Sometimes it would be much easier for people if carriers weren't so restrictive on their network to allow the best features of the phone's technology (read: Bluetooth on V710 for Verizon, Java:D vs. BREW:evil:). Also, I'm still peeved that the ETF of a phone contract in the US is anywhere between $150-250. Being fair, at most, it should be 2-3x whatever your normal monthly fee is.

[Guest chanceu]

In my opinion, there should be NO early termination fee at all. The only reason for an ETF is because they know their service is not as good as the other guys and if they don't lock a customer in for a year or two, they might lose them.

To play the devil's advocate, if the cellular company gives you a $400 phone for $19.95, then there should be some sort of obligation on the customers part.

Imagine this...a cellular company (or any service provider) that provides such great service (at a competitive price) that no one wants to leave.

To all of you in the UK...just wait till you start getting the TV advertisements from lawyers actually asking you to sue someone. They're on every day here.

[Guest McHale]

please God, let someone lock this thread and let the madness end...

Amen.

-Mc