I spoke with my brother over the weekend, who is an attorney, regarding this Samsung fiasco.
He basically said that anyone who bought a Behold II would have to prove they were damaged by not receiving the 2.x update. Then whoever is handling the case would probably have to bring in expert testimony ($$) to quantify the amount of damages and to prove that 2.x is, in fact, installable on the phone.
The fact that everyone is jumping ship and the will to sue Samsung is losing steam...
Seems that most people are considering:
1. either selling their phones
or
2. getting some kind of upgrade from T-Mobile
it would be damn near impossible to prove any type of damages if you followed either of the 2 routes above.
Unless there is a big demand for a class action lawsuit, and the community is able to find a way to fund it, it probably wont happen...
What might happen is we can pelt Samsung with hundreds (thousands?) of small claim suits. They are easy to file, require a lower standard of proof, and easier to win.