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Class Action lawsuit

C

carlhill

Lurker
Why don't we start a class action lawsuit for Eris owners?

Here are some of the issues that I see all over the internet:

1) Verizon admits the problems to some, denies it to others.
2) HTC admits problems, but blames Verizon. Verizon admits it, but blames HTC.
3) Both parties blame either hardware or software, depending on who you talk to.
4) Customers keep getting sent refurbs with same issues, while few get phones without issues.
5) Some customers get to switch phones, some aren't given that opportunity. Some get to switch for free, others are told they have to purchase refurbs for $289. Some have even been allowed to have the Incredible, most have not.
6) Some customers even get new contracts.


There is no consistency with Customer Service, either in store or on the phone. I spoke with a rep 3 weeks that fully admitted Verizon knows this phone is a pile, and offered a replacement if the june 29th update didn't fix the issues. Well it didn't fix them and the guy today denies that there are any well known problems, that mine is an isolated issue and most customers love the Eris. He is sending Eris refurb number 2, the 3rd in total. Told me I could do that or buy a Droid refurb for $289. Didn't care at all if I chose to leave Verizon. There is clearly a problem with the Eris, everybody involved knows it. If enough of us band together, perhaps we can get a consistent, equitable resolution from Verizon. Who is up for starting a list of names?

ch
 
Welcome to the AF forums, carlhill.

I'm in disagreement with you about a class action suit, and with many of the points you list, with the possible exception of point #4 if it were to begin with the word, "some."
 
Frisco,

I'm just a little curious as to why you disagree. Isn't it obvious that Verizon has showed no consistency in dealing with the complaints from customers? If they are going to offer free replacements for some, shouldn't they do it for all of us having the same issues?

ch
 
xx_bishop_xx said:
I think F. Lee Bailey is available. Or should we go with Shapiro?
Click to expand...

Well, a real go-getter is needed for this one...


obama-goofy.jpg
 
Every day.....millions of americans....have issues with....and let me be perfectly clear.....with their erises....during this campaign....I.....promised the american people....that I would be a force for change.....and that being said....and let me be perfectly clear on this.....I will create a new task force on eris audio issues....
 
carlhill said:
Frisco,

I'm just a little curious as to why you disagree. Isn't it obvious that Verizon has showed no consistency in dealing with the complaints from customers? If they are going to offer free replacements for some, shouldn't they do it for all of us having the same issues?

ch
Click to expand...

Actually, no. They have been amazing in replacing my eris. One phone call, twenty minutes and my GF and I both had replacements on the way. And they worked flawlessly.

I understand this is a forum and you are venting, but a class action will never happen. Sorry man.
 
Lawsuits are about money. They pay for damages suffered. What are your ACTUAL damages? Your time? Lack of service ($30/month). Were not talking about enough money hear to get a lawyer to spend time on this ....

Class action lawsuits only work when you have a bunch of other already viable lawsuits that can be combined (for the most part). Sure, this is an over-generalization, but a bunch of people trying to get paid for actual damages that are already less than $500 each just isn't economically viable. Yes, you may have some actual damages, but unless you are ready to put up a really big retainer to a law firm, it's just not going to happen.
 
carlhill said:
Frisco,
I'm just a little curious as to why you disagree.
Click to expand...

I'm not a fan, in general, of class action lawsuits over products unless there is a well-known safety issue.

I know that some prevail with other concerns.

The list of issues in the first post could be derived from perusing any forum cluster about any hand held communication device on the market, from iPhone to Blackberry and beyond.

That is because device forum clusters attract those doing a search for help with their particular phone. Those not needing help will likely, for the most part, be in the minority at those forums although they are in the majority of the overall user population of the device.
 
I find it quite amusing at the number of people on this forum who think they could get a class action lawsuit going. Even if they do get the lawsuit, it will take many months or even years to determine guilt or come to a settlement. After legal fees, the amount of money each member of the class gets will be small compared to what the total settlement was.

Example: I bought a lawnmower a few years ago that supposedly didn't have as much power as is stamped on the engine. Several months ago, I receive a post card in the mail informing me of the class action lawsuit as it apparently impacts every lawnmower with any engine made by this particular manufacturer. My portion of the settlement, if approved by the end of 2010, will be no more than $20 depending on the model of the engine. Gee, that totally makes up for the $300 I paid for it. After the settlement is approved, if approved, I probably won't get my check until mid-2011. At that point, I'll probably say "what the hell is this?" and end up shredding it thinking it is a scam to get my checking account number.
 
by the time the money is split up there is maybe $1 for each person usually. unless its medical related and worth billions and there arent that many plaintiffs
 
c_aus said:
I find it quite amusing at the number of people on this forum who think they could get a class action lawsuit going.
Click to expand...
Because class-action lawsuits, at least those you read about, get millions and millions of dollars from big-bad-evil-corporation, right ? Well, I want my share of those millions and millions... What people don't know until they've "won" in one is that they typically end up with a coupon or a few dollars.

Just for fun, if we get a notice about a class-action lawsuit, I'll occasionally send the form back .... and forget about it. Maybe, many years later, I get something.
 
why is everyone so sue happy?
its a phone! look at all the cry baby iphone4 people who are pressing charges against apple.
Damn, get a life
 
Why even waste your time when you can just get a different phone with another company. Only problem I have with my eris is battery life I have to charge it like 2–3 times a day.
 
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