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ftaok

macrumors 603
Jan 23, 2002
6,486
1,571
East Coast
it doesn't take a genius to realize that coffee is hot. They'll let people sue for anything these days, McDonalds should have settled just to get her out of their face and the lady shouldn't hold a hot cup of coffee between her legs WHILE her son is driving.

As was pointed out by other posters, there was a lot of misinformation that the media put out there on this case. Here's some of the highlights that very few people know.

1. Her nephew was driving the car. She was in the passenger seat. When the coffee spilled on her, they were parked in the MickeyD's lot.

2. The coffee spilled because the cup collapsed, not because she spilled it or dropped it.

3. The coffee was served at ~190F, which even the McDonalds QC manager said would cause 3rd degree burns of your throat if you were to drink it at that temp.

4. The plaintiff (Stella Liebeck) was only suing for the difference between her medical bills and what Medicare was covering. That was about $15,000 or so. McDonald's offered her $800.

5. Stella had 3rd degree burns to her groin area. The burns were "full thickness" burns, which means every layer of skin was burned. She nearly died, and even when she recovered, she was never the same.

6. The jury found McDonalds to be 80% at fault and Stella to be 20% at fault.

7. The original punitive damages that the jury awarded to Stella was arrived at a number that they thought would send a message. That message was 2 days worth of coffee sales for McDonalds ... or $2.3million.

8. The judge reduced that sum to something lower, but I can't remember. McDonalds and Stella Liebeck settled for an undisclosed sum.

The point is that the public only remembers what the media tells them. Even after the facts came out, the story was "stale" and no one followed up. But Stella Liebeck is the punchline to thousands of frivilous lawsuit jokes.
 

kmichalec

macrumors 6502a
Aug 14, 2010
878
284
I don't understand why people are so against this lawsuit. The phones shouldn't be locked. Period. If I want to take the phone to another carrier, I have to pay an EFT to AT&T, which covers the cost of the subsidy. So locking serves no real benefit. The fact that the phone is locked is not what keeps me from using my phone on a different carrier, it's the 2 year contract I signed and the EFT if I leave that keeps me there.

We've been asking Apple and AT&T for years to unlock our phones, and they have refused to do so, only now starting to unlock them only AFTER the 2 year contract has been fulfilled. Maybe this will send a message. Apple and Verizon have worked together to sell theirs unlocked. Why not AT&T and Apple?

Is everyone's issue with this that the guys are suing Apple instead of AT&T? Maybe that I can understand.
 

tymaster50

Suspended
Original poster
Oct 3, 2012
2,833
58
Oregon
I don't understand why people are so against this lawsuit. The phones shouldn't be locked. Period. If I want to take the phone to another carrier, I have to pay an EFT to AT&T, which covers the cost of the subsidy. So locking serves no real benefit. The fact that the phone is locked is not what keeps me from using my phone on a different carrier, it's the 2 year contract I signed and the EFT if I leave that keeps me there.

We've been asking Apple and AT&T for years to unlock our phones, and they have refused to do so, only now starting to unlock them only AFTER the 2 year contract has been fulfilled. Maybe this will send a message. Apple and Verizon have worked together to sell theirs unlocked. Why not AT&T and Apple?

Is everyone's issue with this that the guys are suing Apple instead of AT&T? Maybe that I can understand.
They are suing Apple because AT&T locks the devices if you buy them on contract. Which is stupid. Nobody held a gun to their head to buy the device on AT&T. They also signed the contract which said without an ETF they will not unlock the device if it is on contract to use on another carrier unless you are traveling abroad
 

Terry77

macrumors newbie
Dec 30, 2012
1
0
I am on a grandfathered "unlimited data plan" from AT&T, they said "I can't use my unlimited data for FaceTime." This is WRONG! If my plan for data is "unlimited" I don't think you can put restrictions on how you use the data on the phone, if it is "unlimited". I am sure there must be a lawyer or someone that is all over a lawsuit about this. If so, please email me at terry21968@yahoo.com
Thank you
 

vastoholic

macrumors 68000
Jan 28, 2009
1,957
1
Tulsa, OK
I am on a grandfathered "unlimited data plan" from AT&T, they said "I can't use my unlimited data for FaceTime." This is WRONG! If my plan for data is "unlimited" I don't think you can put restrictions on how you use the data on the phone, if it is "unlimited". I am sure there must be a lawyer or someone that is all over a lawsuit about this. If so, please email me at terry21968@yahoo.com
Thank you

They've already changed the rules. Those on unlimited plans and on an LTE device are allowed to do FaceTime over cellular. Take a breath dude.
 

vastoholic

macrumors 68000
Jan 28, 2009
1,957
1
Tulsa, OK
When did that happen?
Im on unlimited data with my i5 on AT&T and still cannot facetime over carrier network. Only with Wifi?

Standby, I'm either going to come back with the MacRumors story link source or make a fool of myself.


EDIT: found it

https://forums.macrumors.com/threads/1493540/

There it is. Now I have not tested this myself. I am on a tiered data plan and the last time I tried it shortly after they announced that tiered data users could do it, I still couldn't get it to work.
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
Standby, I'm either going to come back with the MacRumors story link source or make a fool of myself.


EDIT: found it

https://forums.macrumors.com/threads/1493540/

There it is. Now I have not tested this myself. I am on a tiered data plan and the last time I tried it shortly after they announced that tiered data users could do it, I still couldn't get it to work.

Lol :D
I dont know bro, still not working for me or any of my 3 lines with unlimited data iphone 5's:D
 

vastoholic

macrumors 68000
Jan 28, 2009
1,957
1
Tulsa, OK
Lol :D
I dont know bro, still not working for me or any of my 3 lines with unlimited data iphone 5's:D

Well I haven't tried out mine ever since that last time. But my switch is on to use facetime over cellular. Just haven't found a chance to actually try it. Maybe call AT&T and see if they need to make an adjustment on their end?
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
Well I haven't tried out mine ever since that last time. But my switch is on to use facetime over cellular. Just haven't found a chance to actually try it. Maybe call AT&T and see if they need to make an adjustment on their end?

Offcourse it works for you since you're on tiered data plan.:)
It just doesnt work for unlimited data users.
There's nothing they will do for us besides tell us to leave the unlimited data plan if we call.
Some people with unlimited plans had it working for a little bit but then they turned it off again for all.
Sucks. I think a lawsuit would make sense for such treatement to longtime customers with unlimited plans that they cannot get that feature unless they switch to tiered or shared plans.
 

vastoholic

macrumors 68000
Jan 28, 2009
1,957
1
Tulsa, OK
Offcourse it works for you since you're on tiered data plan.:)
It just doesnt work for unlimited data users.
There's nothing they will do for us besides tell us to leave the unlimited data plan if we call.
Some people with unlimited plans had it working for a little bit but then they turned it off again for all.
Sucks. I think a lawsuit would make sense for such treatement to longtime customers with unlimited plans that they cannot get that feature unless they switch to tiered or shared plans.

Guess it helps if I read the whole thread. lolz. My bad. I regret NOTHING!!

I would still be on unlimited if it weren't for the fact that AT&T actually called me about using a tethering app on my old Jailbroken iP4 (MyWifi I think) and since I really needed to be able to tether at the time I switched plans. No I don't even use it anymore. Oh well.
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
Guess it helps if I read the whole thread. lolz. My bad. I regret NOTHING!!

I would still be on unlimited if it weren't for the fact that AT&T actually called me about using a tethering app on my old Jailbroken iP4 (MyWifi I think) and since I really needed to be able to tether at the time I switched plans. No I don't even use it anymore. Oh well.

I hear you.
AT&T is pretty shady.
 

fronesis

macrumors member
Oct 1, 2012
99
58
Verizon will not allow anything on their networks that they didn't sell, either directly or via Apple store. It doesn't matter if it has the right radio/bands or not.

This might have been true in the CDMA days, but it is no longer the case on Verizon's LTE network.

Look at the following Verizon FAQ, paying particular attention to question #11 which makes it perfectly clear that you have the right to use your Verizon LTE SIM card in a compatible device not even purchased from Verizon.
http://support.verizonwireless.com/faqs/VZAccess/4g_sim_card.html
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
This might have been true in the CDMA days, but it is no longer the case on Verizon's LTE network.

Look at the following Verizon FAQ, paying particular attention to question #11 which makes it perfectly clear that you have the right to use your Verizon LTE SIM card in a compatible device not even purchased from Verizon.
http://support.verizonwireless.com/faqs/VZAccess/4g_sim_card.html

That is the case but good luck try to get them to allow it on their network.
Just because they state it doesnt mean they follow it.
They will give you tons of excuses why they cant do it, transfer you from one to another and then tell you they will have a supervisor call you later till you finally had enough of chasing them around and give up.
I had a friend that tried before and it was a nightmare and way too much aggrevation.
 

fronesis

macrumors member
Oct 1, 2012
99
58
That is the case but good luck try to get them to allow it on their network.
Just because they state it doesnt mean they follow it.
They will give you tons of excuses why they cant do it, transfer you from one to another and then tell you they will have a supervisor call you later till you finally had enough of chasing them around and give up.
I had a friend that tried before and it was a nightmare and way too much aggrevation.

That's interesting.

Why did your friend even need verizon involved?

I ask because I have put my Verizon LTE sim from my ipad mini into an iPhone and it works fine (data only). For lte plans the info is on the SIM card so vzw doesn't even need to do anything.
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
That's interesting.

Why did your friend even need verizon involved?

I ask because I have put my Verizon LTE sim from my ipad mini into an iPhone and it works fine (data only). For lte plans the info is on the SIM card so vzw doesn't even need to do anything.

It was another carriers LTE device.
Cant remember exactly what brand phone but I think it was a Sprint LTE phone trying to use it on verizon.
Your verizon ipad sim will work fine on a verizon iphone 5 and vice versa since they're both from the same company.
Its just when you're trying to bring in devices from other carriers that they will drive you nuts.

From your links FAQ:
11.

Can I use my Verizon Wireless 4G SIM card in a 4G LTE device not purchased from Verizon Wireless?

Yes. You may activate any 4G LTE device that has been certified by Verizon Wireless to be compatible with our 4G LTE network, including devices not purchased directly from Verizon Wireless. Simply activate your 4G SIM card on a Verizon Wireless price plan.


The bold thing is "certified by verizon wireless"
Most things not purchased under verizon will not get "certified" or approved to be used on their network;)
 

fronesis

macrumors member
Oct 1, 2012
99
58
It was another carriers LTE device.
Cant remember exactly what brand phone but I think it was a Sprint LTE phone trying to use it on verizon.
Your verizon ipad sim will work fine on a verizon iphone 5 and vice versa since they're both from the same company.
Its just when you're trying to bring in devices from other carriers that they will drive you nuts.

From your links FAQ:
11.

Can I use my Verizon Wireless 4G SIM card in a 4G LTE device not purchased from Verizon Wireless?

Yes. You may activate any 4G LTE device that has been certified by Verizon Wireless to be compatible with our 4G LTE network, including devices not purchased directly from Verizon Wireless. Simply activate your 4G SIM card on a Verizon Wireless price plan.


The bold thing is "certified by verizon wireless"
Most things not purchased under verizon will not get "certified" or approved to be used on their network;)

Ah, gotcha – this makes sense.

So you are allowed to sim swap with VZW but trying to do it with a device that VZW doesn't sell is probably going to be more trouble than it is worth.

I do wonder what happens if you put a valid verizon LTE sim in an unlocked AT&T iPhone 5. I guess it might not work since the phone cannot connect either to the verizon lte network nor to the verizon CDMA 3G network.
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
Ah, gotcha – this makes sense.

So you are allowed to sim swap with VZW but trying to do it with a device that VZW doesn't sell is probably going to be more trouble than it is worth.

I do wonder what happens if you put a valid verizon LTE sim in an unlocked AT&T iPhone 5. I guess it might not work since the phone cannot connect either to the verizon lte network nor to the verizon CDMA 3G network.

Yes.
If you put a verizon LTE sim in an AT&T i5 it will not work or connect since AT&T's LTE chip is not compatible with Verizons LTE network and its CDMA side is not functioning even though its present there hardware wise.
Not very US consumer friendly.
 

Jordan921

macrumors 603
Jul 7, 2010
5,069
2,171
Bay Area
Offcourse it works for you since you're on tiered data plan.:)
It just doesnt work for unlimited data users.
There's nothing they will do for us besides tell us to leave the unlimited data plan if we call.
Some people with unlimited plans had it working for a little bit but then they turned it off again for all.
Sucks. I think a lawsuit would make sense for such treatement to longtime customers with unlimited plans that they cannot get that feature unless they switch to tiered or shared plans.

I'm on tiered data plan and it doesn't work for me.
 

corvus32

macrumors 6502a
Sep 4, 2009
761
0
USA
I'm not sure I understand this lawsuit correctly, but it sounds like they don't know much about how CDMA and GSM networks operate nor very much about the FCC's stipulation that came with Verizon's LTE spectrum.

But, I do know this. I bought my iPhone 5 from an AT&T store without contract, and it works just fine with Net10 and Straight Talk. Maybe its because they're both an MVNO that subleases from AT&T, but no unlock is needed.

Since there is no other GSM network in the US with as much coverage, there's very little reason to have AT&T (or someone on eBay) unlock my iPhone. The only reason would be to use or sell it overseas.

Even if I could buy an unlocked iPhone that worked on both Verizon and AT&T networks, it's not like there's a dramatic difference in pricing or coverage between them. Both are rip-offs.

And, why single out Apple here? Shouldn't they have applied their argument to every manufacture that sells phones through AT&T?
 

Dwalls90

macrumors 603
Feb 5, 2009
5,427
4,399
I'm not sure I understand this lawsuit correctly, but it sounds like they don't know much about how CDMA and GSM networks operate nor very much about the FCC's stipulation that came with Verizon's LTE spectrum.

But, I do know this. I bought my iPhone 5 from an AT&T store without contract, and it works just fine with Net10 and Straight Talk. Maybe its because they're both an MVNO that subleases from AT&T, but no unlock is needed.

Since there is no other GSM network in the US with as much coverage, there's very little reason to have AT&T (or someone on eBay) unlock my iPhone. The only reason would be to use or sell it overseas.

Even if I could buy an unlocked iPhone that worked on both Verizon and AT&T networks, it's not like there's a dramatic difference in pricing or coverage between them. Both are rip-offs.

And, why single out Apple here? Shouldn't they have applied their argument to every manufacture that sells phones through AT&T?

I don't think most smartphones sold nowadays are locked to networks, though apple still locks iPhones.

Your AT&T iPhone should actually be unlocked since you bought it at full retail.
 

corvus32

macrumors 6502a
Sep 4, 2009
761
0
USA
Your AT&T iPhone should actually be unlocked since you bought it at full retail.

Not automatically, no.

I needed to chat with an AT&T CS rep to submit the unlock request, then backup and restore in iTunes.

But, either way, it will work with Net10 and ST.
 
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