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First Class Action Lawsuit Filed

br0adband said:
First flaw in that argument: Apple has put out that "memo" to stores basically restating Steve Jobs' position:

"There is no reception issue"
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That still does not prohibit one from returning their phone.

And let's also point what's already been said in previous threads about this: This is not being filed by some charitable group of lawyers who really want to make things right out of the goodness of their hearts. We've been down this road before and know exactly how these lawsuits end: no actual fix, customers get some token settlement in the form of a gift card with a value in the single or maybe double digits if we're lucky, and the rest of the settlement is consumed by legal costs. The only people who end up winning are the lawyers.

Enjoy your "defective" iPhone 4, because that's likely how it's going to stay now. But hey, you have a $5 iTunes gift card in your future, probably a few years from now once this finally gets "resolved," so I guess it's not all bad, right?
 
scaredpoet said:
Ironically, if you bought it from Apple, there is no restocking fee. :rolleyes:



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.
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Yeah I know I was just saying. I know our problems won't help you lot over there.
Nope over here we still seem to only sue over serious things :p
 
scaredpoet said:
That still does not prohibit one from returning their phone.

And let's also point what's already been said in previous threads about this: This is not being filed by some charitable group of lawyers who really want to make things right out of the goodness of their hearts. We've been down this road before and know exactly how these lawsuits end: no actual fix, customers get some token settlement in the form of a gift card with a value in the single or maybe double digits if we're lucky, and the rest of the settlement is consumed by legal costs. The only people who end up winning are the lawyers.

Enjoy your "defective" iPhone 4, because that's likely how it's going to stay now. But hey, you have a $5 iTunes gift card in your future, so I guess it's not all bad, right?
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Wrong. Many class action law-suits have been successful, whether procuring settlment for plaintiffs or forcing a company to take action. But since you're such an expert Im wondering what school you got your Juris Doctor from?
 
gnasher729 said:
Looks like Gizmodo tries hard to deflect attention from their own iPhone-related legal troubles, like theft, criminal damage, and divulging protected trade secrets.
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Jonmurgie said:
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 :rolleyes:

Idiots.
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Agreed they crossed the line.

gdlcjr said:
I don't get it. Why are people hating gizmodo. They just report thing. What's the problem with that.
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They did more then report the new iPhone they bought it.
 
scaredpoet said:
Enjoy your "defective" iPhone 4, because that's likely how it's going to stay now. But hey, you have a $5 iTunes gift card in your future, probably a few years from now once this finally gets "resolved," so I guess it's not all bad, right?
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Nah, I won't be getting anything at all. As for the iPhone 4, it doesn't allow me to make a 3G call when it's in my hand, even when I'm standing across the street line-of-sight from the AT&T cell site that I'm associated with, period, so... not much enjoyment there, but I do appreciate your sarcasm, it was almost funny. :rolleyes:

It's a great PDA, great camera, great video recorder, great... no, can't say phone, that won't work - and neither does the iPhone 4 in my situation. Damn.
 
JoJoCal19 said:
Wrong. Many class action law-suits have been successful,
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Of course they've been successful, because they've been "settled." Like the $17.5 million Sprint paid out for charging $1.2 billion in Early Termination Fees. So for every $175 a customer paid in ETFs, the lawyers "representing" them agreed that an average settlement of about $2.55 would make the class "whole."

Or the Sony PS2 Class action settlement, where people who paid full price for defective
PS/2's ended up getting - as Sony's sole discretion - $25, a free game to play on a console that couldn't read it, or maybe a repair if Sony felt it was warranted. I wonder what Sony chose, more often than not? But, to even GET your $25 (which is really what you're gonna get here), you have to hope that you kept your receipt and proofs of purchase. If not, your'e SOL. Actually physically having a PS/2 isn't good enough.

Need I go on? Of course these were legally considered "successful" cases, but I would argue that the actual benefit to the affected classes were minimal at best.

But since you're such an expert Im wondering what school you got your Juris Doctor from?
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I don't need a JD to know when a lawyer is shafting me. I can do math.


br0adband said:
Nah, I won't be getting anything at all.
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Ah, so we're in agreement!
 
If anything, this site is neglect for not reporting the news on this. Macrumors is totally biased and the epicenter of Apple fanboyism.
 
scaredpoet said:
Of course they've been successful, because they've been "settled." Like the $17.5 million Sprint paid out for charging $1.2 billion in Early Termination Fees. So for every $175 a customer paid in ETFs, the lawyers "representing" them agreed that an average settlement of about $2.55 would make the class "whole."

Or the Sony PS2 Class action settlement, where people who paid full price for defective
PS/2's ended up getting - as Sony's sole discretion - $25, a free game to play on a console that couldn't read it, or maybe a repair if Sony felt it was warranted. I wonder what Sony chose, more often than not? But, to even GET your $25 (which is really what you're gonna get here), you have to hope that you kept your receipt and proofs of purchase. If not, your'e SOL. Actually physically having a PS/2 isn't good enough.
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If I recall correctly, as I had a Sprint line around the time the changes were implemented, but I think as a result of that class action lawsuit being filed against Sprint they agreed to start pro-rating their ETF fees.

With Sony I remember when people were having issues with PS3's that Sony took the approach MS did and were more pro-active in replacing peoples PS3's that had issues.

Part of what I said was that class action lawsuits also lead to companies taking action or changes in a the way a company behaves.

Whatever comes of this I just hope it makes Apple realize that their customers are not going to stand by and tolerate their silence or denials on real issues.
 
Gagoots said:
If anything, this site is neglect for not reporting the news on this. Macrumors is totally biased and the epicenter of Apple fanboyism.
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Not everyone here is a "fanboy" as the term is known. Not many at all actually... <hint, hint>
 
Well that one blew over like a led zeppelin... *ugh* So much for the lost art of subtlety. :cool:
 
scaredpoet said:
Of course they've been successful, because they've been "settled." Like the $17.5 million Sprint paid out for charging $1.2 billion in Early Termination Fees. So for every $175 a customer paid in ETFs, the lawyers "representing" them agreed that an average settlement of about $2.55 would make the class "whole."

Or the Sony PS2 Class action settlement, where people who paid full price for defective
PS/2's ended up getting - as Sony's sole discretion - $25, a free game to play on a console that couldn't read it, or maybe a repair if Sony felt it was warranted. I wonder what Sony chose, more often than not? But, to even GET your $25 (which is really what you're gonna get here), you have to hope that you kept your receipt and proofs of purchase. If not, your'e SOL. Actually physically having a PS/2 isn't good enough.

Need I go on? Of course these were legally considered "successful" cases, but I would argue that the actual benefit to the affected classes were minimal at best.





I don't need a JD to know when a lawyer is shafting me. I can do math.

yes please go on. If you know so much then don't join the lawsuit then you are free to get better relief on your own. That's the drawback of class action, if you are a member of the class your relief will prob be minimal but so will your involvement.
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Just had a thought while reading this post- if I'm out to buy two iPhones and one is not eligible for an upgrade... Is it possible to say I lost the first one, buy a replacement at $199 and put it on my other line?

This would save about $300.. Just thinking outloud.
 
It is not what they are reporting, it is how they are reporting it. I started reading them just before they released all the info on the iPhone 4 prototype that was found at a bar. And all they report is the negative stuff about Apple.... It is like ever since they revealed the iPhone 4 before Apple did, and Apple did not invite them to WWDC, it is now Gizmodo's goal in life to bash everything about Apple. If it is something good, they will look at the negative side of it, or they will go out of their way to post all the bad stuff about it.



gdlcjr said:
I don't get it. Why are people hating gizmodo. They just report thing. What's the problem with that.
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Think I will jump on board, sign the suit, receive numerous documents over the next 5 years, finally sign the last one and receive my check for 95 cents for my troubles. Well worth the effort.

With all the talk of the design flaw, Apple continues to sell them as fast as they can make them.

Kenal0
 
Gizmodo is within their right to report this as it is gadget worthy. But their reporting has had a level of anti-Apple bias ever since they got into some trouble after stealing the prototype. Gizmodo used to be a pretty fanboy site but now 80% of Apple related posts are negative.

I read them much less as well.
 
A litigious and entitled society is a fun mix.

If Apple offers recent buyers a refund, the lawsuit to me doesn't have much merit. If Apple enforces a restocking fee, then I think it's reasonable to be compensated for that fee and nothing else.

As much as I'm annoyed at the iPhone 4 voice calling, I'm empowered to deal with the situation. It's my option or not to keep it.
 
Might be the most ridiculous class action I have ever seen. This is a slap in the face to people who have really been damaged by some type of gross negligence and need to go to court.

Understand most class actions are about the lawyers not the alleged victims. Most class actions victims get a small amount and lawyers clean up as the payout get spread out among all the victims but lawyers keep usually a huge percentage.

Come on is anyone really a victim here. iphone 4 has best reception of all iphones and in my experience fewer dropped calls. Yes I can hold my hand over it just so and get signal to go down. But does that make me a victim. Am I walking around traumatized.

Anyone who feels "victimized" return your phone. The most anyone will get out of a class action aside from the lawyers is the price you paid for the phone. So just return it and call it even.
 
faith4more said:
Might be the most ridiculous class action I have ever seen. This is a slap in the face to people who have really been damaged by some type of gross negligence and need to go to court.

Understand most class actions are about the lawyers not the alleged victims. Most class actions victims get a small amount and lawyers clean up as the payout get spread out among all the victims but lawyers keep usually a huge percentage.

Come on is anyone really a victim here. iphone 4 has best reception of all iphones and in my experience fewer dropped calls. Yes I can hold my hand over it just so and get signal to go down. But does that make me a victim. Am I walking around traumatized.

Anyone who feels "victimized" return your phone. The most anyone will get out of a class action aside from the lawyers is the price you paid for the phone. So just return it and call it even.
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Did you even read the lawsuit? The claims are not bogus by any means. Also why should I be forced to pay a restocking fee to return a defective product?
 
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