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First Class Action Lawsuit Filed
- Thread starter jameszjn
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Looks like Gizmodo tries hard to deflect attention from their own iPhone-related legal troubles, like theft, criminal damage, and divulging protected trade secrets.
Well, they're first up to bat, I suppose. Read the thing, looks like a standard CALS to me, nothing jumped out as odd (it's got some parts that don't belong like commentary about "it being Apple's most successful product launch" which is basic fluff and unnecessary in such a document.
I don't expect much to come of this, and even if it does come to some resolution, it'll be years from now.
I personally don't think it's a good idea at this point in time; perhaps later when more info is known and if Apple does do something, even a software update that does anything to address issues that many of us are having.
If they'd wait with this silly CALS, and Apple does put out some update for such a reason, that's just more ammunition for a real CALS and not this hastily prepared one.
Oh well...
I don't expect much to come of this, and even if it does come to some resolution, it'll be years from now.
I personally don't think it's a good idea at this point in time; perhaps later when more info is known and if Apple does do something, even a software update that does anything to address issues that many of us are having.
If they'd wait with this silly CALS, and Apple does put out some update for such a reason, that's just more ammunition for a real CALS and not this hastily prepared one.
Oh well...
Gizmodo is turning (has already turned?!) into an embarrassment of a site... all the anti-iPhone and Apple stuff since their little run in is silly now and is damaging whatever reputation they ever had 
Idiots.
Idiots.
Gizmodo is turning (has already turned?!) into an embarrassment of a site... all the anti-iPhone and Apple stuff since their little run in is silly now and is damaging whatever reputation they ever had
Idiots.
Actually, it's probably just bringing them more traffic, which means more money. I don't think it's idiotic.
Gizmodo is turning (has already turned?!) into an embarrassment of a site... all the anti-iPhone and Apple stuff since their little run in is silly now and is damaging whatever reputation they ever had
Idiots.
I stopped readying Gizmodo right after they pulled that stunt during CES 2009 (CEA's take on CES Gizmodo prank: Banned!), and as if being Banned from CES for life wasn't enough, now they are banned from Apple Events, whats next Gizmodo?
and back to the topic, A Class Action lawsuit right now (not even a week after the iPhone was released) seems really stupid because those who are not satisfied still have the opportunity to return their phones for a refund. A lawsuit for a faulty battery 8-10 months down the road is more reasonable, but 6 days after the release, thats just being greedy.
lawyers will make millions and the consumer will get a check for $40 two years later, so I guess its well worth it.
Gizmodo is turning (has already turned?!) into an embarrassment of a site... all the anti-iPhone and Apple stuff since their little run in is silly now and is damaging whatever reputation they ever had
Idiots.
It's not like they've been calling for Jobs' head on a platter. They're reporting the news. You want them to ignore a class action lawsuit against a major consumer tech company?
Apple deserves to be called out over this. It's a clear indication of decreasing quality control and, I would even say, an indication of growing contempt for their customers.
Believe it or not, they're doing you and all other Apple fans a favour by making a big deal out of this.
Don't forget, Gizmodo were doing stuff like this before the prototype issue ever happened.
Gizmodo is turning (has already turned?!) into an embarrassment of a site... all the anti-iPhone and Apple stuff since their little run in is silly now and is damaging whatever reputation they ever had
Idiots.
So what you're lambasting them for reporting news - ok
irregardless of the organization reporting it, apple gets what they deserve. People pay > 400 bucks the phones and one should expect to be able to hold the phone normally to make a phone call. While class action suits only make lawyers rich, perhaps it will cause apple to actually address the situation instead of telling them to hold it different.
Probably, but the publicity itself helps in situations like this... even if all it does is ensure that apple doesn't pull a stunt like this for the next iPhone.
They want to be treated like professionals but they continue to act like teenagers.
http://news.cnet.com/8301-17939_109-9849168-2.html
I sincerely hope that Apple points out that this lawsuit was filed before anyone's return window is up. The product isn't even out 14 days, let alone 30.
Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.
Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.
So is that the official legal response when class action suits are brought against defective/non-performing equipment. I don't think the judge is going to say that against the dell lawsuit that they sold computers with defective capacitors.
We're not talking about a monopoly, but consumers buying a device that is not performing as advertised and the company is failing to address it.
I sincerely hope that Apple points out that this lawsuit was filed before anyone's return window is up. The product isn't even out 14 days, let alone 30.
Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.
Uh probably because Apple wants to charge a re-stocking fee for returning a defective product. Hmmm....
Yea I just love how people want to be forum lawyers. They should leave it to the real lawyers and people who work in law. If he actually believes what he wrote then I feel sorry for him.
Uh probably because Apple wants to charge a re-stocking fee for returning a defective product. Hmmm....
bingo.
beat me to it
I sincerely hope that Apple points out that this lawsuit was filed before anyone's return window is up. The product isn't even out 14 days, let alone 30.
Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.
Well here in the uk if you accepted your early upgrade on o2 you waived the right for your change of mind period to get out of the contract without having to pay it all off.
This seems unfair now that the phone isn't working for many people.
Uh probably because Apple wants to charge a re-stocking fee for returning a defective product. Hmmm....
Ironically, if you bought it from Apple, there is no restocking fee.
This class-action lawsuit was filed in the US, not the uk. If you folks across the pond are really getting shafted, I trust you have something equivalent and since presumably your society isn't as sue-happy, it might have some validity.
I sincerely hope that Apple points out that this lawsuit was filed before anyone's return window is up. The product isn't even out 14 days, let alone 30.
Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.
First flaw in that argument: Apple has put out that "memo" to stores basically restating Steve Jobs' position:
"There is no reception issue"
and the other terse tidbits he's tossed out will become a matter of record soon enough. The issue is Apple apparently has put down the policy that people aren't going to get refunds (which is what returning the phone implies, not replacement) without being charged a restocking fee (because Apple loves doing that to people when of course nothing is wrong with the product because Steve Jobs says so).
I know people that have the problems - I have the problems, to extremes - and I even went to an Apple Store yesterday with a friend that took his back, and while standing there beside him I watched him demonstrate to the "Genius" (HAHAHA, can't help it) that it's losing the signal in the hand, from 5 bars to 1, and even putting a fingertip on the seam cost him his service when it totally disconnected completely from the AT&T network.
The Genius response? Seriously? "I don't see a problem, sir, what you're experiencing is the normal... <yadda yadda yadda blah blah blah>" Apple Support script word for word off the top of his head.
Sorry, the phone is borked, and they were going to attempt to hit him for that restocking fee but he stood his ground, raised just enough "noise" to make other customers in the store aware of it and then the Store Manager basically got sick of dealing with it and told the Genius "Do the refund, switch him back to his 3GS, finish it" and walked away.
Apple's "official" policy right now from that experience is "If you're having reception issues, don't hold it that way or get a case, but don't come looking for a refund or we're going to hit you with the restocking fee."
Even if you return the phone and get a refund minus that restocking fee Apple is still making mad money, that's why this lawsuit is pouncing so fast - it's even noted in the filing that's one of the reasons: because Apple is giving people resistance when they come back in and say "I don't want this phone, I'm not satisfied, it doesn't work right, give me a refund" and then trying to make money off the return by the restocking fee.
That is where the biggest problem lies for Apple right now at this moment: they're screwing up the face-to-face support in the stores, and that's going to seriously bite them in the... well, that saying is worn out by now.
How is reporting that a class action lawsuit has been filed is acting like a teenager? I understand the past items but don't see how this is wrong in any way.
Ironically, if you bought it from Apple, there is no restocking fee.
What about the hundreds of thousands that purchased it from other retailers? Yea I thought so. Not to mention that many people are reporting that Apple store employees/management are telling them they do have to pay restocking fee.