• After 15+ years, we've made a big change: Android Forums is now Early Bird Club. Learn more here.

Class Action lawsuit

It is not beyond the realm of possibility. Verizon lost their class action for ETF's to the tune of what 21 million dollars.
 
I have a phone that doesn't ring when I get a call...among many other issues. I am stuck with a 2 year contract--and I can not even get calls! That kind of frustration leads people to talk about lawsuits.

I have done several hard resets and received a replacement phone--just tons of weird issues, and I am truly frustrated.

Forgot to mention--we have 4 phones and a big monthly bill.
 
carlhill said:
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
Click to expand...



I am on your side sir.
 
I just spoke with Amber who is a tech support supervisor and was completely shut down on this problem (HTC eris 2.1 update). All of the well documented phone problems since the update are now happening to my wifes phone and our business is suffering because of it. How can we be compensated for business and customers already lost by my company due to this problem? When i asked who is responsible for the update coming on to the phone, she blamed HTC. My issue is that we bought our phone from verizon and pay money to verizon so why am i needing to call HTC? They are taking advantage of the convoluted mess of having three companies involved being google, HTC and Verizon. Getting the same useless phone as a replacement is not the answer to our problems as we continually lose money with our phone based business. My wife and I were both very happy customers at Verizon until this update and the response. We had a fair proposal that would make the situation right which Verizon will not agree to. Amber compared it to buying a tv at walmart and that any problems with the item must be taken up with the manufacturer outside of the warranty. I say that is apples and oranges since a phone is made up of the hardware, software and service and much different than a TV. This kind of dumb analogy is an insult. It’s like the cable company(verizon) selling you a tv then zapping it with something that breaks it. Please fix this VERIZON or you will hear from a lawyer soon and lose many customers!
 
erislawsuit said:
All of the well documented phone problems since the update are now happening to my wifes phone and our business is suffering because of it.
Click to expand...

This is highlights something I've been having trouble with, as I read reports from those with what appears to be ongoing deal-breaker issues exhibited by their phones.

We'll see, "for weeks now my phone goes dead right in the middle of a call," and "since the update my reception sucks; I haven't seen more than one bar and I get dropped calls ten times per day." ... etc.

I'm thinking of my reaction to having a problem with anythng I've ever purchased, let alone a phone I rely on. ;)

Why would a person keep such an item if it does not function as presumably it did in the store prior to purchase?

"..business is suffering.." because of an Eris? When was that first noticed? How long did it take to surmise that there were bugs in the devices being referred to? Why did you keep the broken devices? Two of them? :eek:

My work has elements of depending on my phone, as well. If my phone malfunctioned I'd get a working phone so that my business didn't suffer. I'd surely not keep two bad phones until the point of losing business; not for a day, not even for a few hours. ;)
 
Frisco said:
This is highlights something I've been having trouble with, as I read reports from those with what appears to be ongoing deal-breaker issues exhibited by their phones.

We'll see, "for weeks now my phone goes dead right in the middle of a call," and "since the update my reception sucks; I haven't seen more than one bar and I get dropped calls ten times per day." ... etc.

I'm thinking of my reaction to having a problem with anythng I've ever purchased, let alone a phone I rely on. ;)

Why would a person keep such an item if it does not function as presumably it did in the store prior to purchase?

"..business is suffering.." because of an Eris? When was that first noticed? How long did it take to surmise that there were bugs in the devices being referred to? Why did you keep the broken devices? Two of them? :eek:

My work has elements of depending on my phone, as well. If my phone malfunctioned I'd get a working phone so that my business didn't suffer. I'd surely not keep two bad phones until the point of losing business; not for a day, not even for a few hours. ;)
Click to expand...


money though frisco.
phones are expensive now, especially if you want a smart phone for business purposes.
 
andrizoid said:
money though frisco.
phones are expensive now, especially if you want a smart phone for business purposes.
Click to expand...

I understand that. A couple of hundred bux is a lot of money to some, especially in this economy.

But these devices come with warranties and insurance. And even if they did not, a defective piece of merchandise, with the receipt, can be replaced, even if the purchaser has to move up a few steps in the hierarchy at the store.

As it is, Verizon seems to be bending over backwards to get working devices in the hands of those complaining. We see exchanges three and four times, even for something other than the Eris.

I'm at odds with those who keep them for so long after knowing there's a big issue. I don't understand that.
 
Frisco said:
I understand that. A couple of hundred bux is a lot of money to some, especially in this economy.

But these devices come with warranties and insurance. And even if they did not, a defective piece of merchandise, with the receipt, can be replaced, even if the purchaser has to move up a few steps in the hierarchy at the store.

As it is, Verizon seems to be bending over backwards to get working devices in the hands of those complaining. We see exchanges three and four times, even for something other than the Eris.

I'm at odds with those who keep them for so long after knowing there's a big issue. I don't understand that.
Click to expand...

i understand their mindset though. i was offered a refurb earlier today because im getting those trackball issues agian-trackball shoots left while charging-but i tuned it down. my first eris had a LOT of issues, id prefer to stick with this one where i know this is the only issue rather than get a new one and have it pop up with a ton of new bugs.


the evil you know is better than that which you dont.
 
andrizoid said:
i understand their mindset though. i was offered a refurb earlier today because im getting those trackball issues agian-trackball shoots left while charging-but i tuned it down. my first eris had a LOT of issues, id prefer to stick with this one where i know this is the only issue rather than get a new one and have it pop up with a ton of new bugs.


the evil you know is better than that which you dont.
Click to expand...

Your situation sounds a bit different than the ones reporting deal breaker issues. I don't know.. also, you went for the replacement; I'm guessing you could keep doing that until you got a perfectly functioning Eris <--- my point in all this. ;)
 
Frisco said:
Your situation sounds a bit different than the ones reporting deal breaker issues. I don't know.. also, you went for the replacement; I'm guessing you could keep doing that until you got a perfectly functioning Eris <--- my point in all this. ;)
Click to expand...

Totally agreed. I wouldnt join the lawsuit, but i see where they are coming from


Frisco said:
I'm guessing you could keep doing that until you got a perfectly functioning Eris <--- my point in all this.
Click to expand...

i personally believe that if im going to spend that much money on something though, that it should just work. i shouldnt have t replace it over and over until i get one that does what its supposed to do
 
I understand the frustrations some of you may have, but since when does Verizon owe us anything? We chose to do business with them, they've provided us with a perfectly good contract that we all agreed to, we bought a phone that WE decided to get... etc. etc... It's business. I have a feeling that most of the issues are human error - way too many people don't have any issues, myself included.

Do you see any class action lawsuits against Microsoft because their operating system has bugs in it? Or against Dell because your hard drive crashes? No... same situation here.

Deal with the issues. It's business... just wait until something SERIOUS happens to you - like being laid off, or losing your biggest client in business - then you'll realize that your wasting your energy blaming others, because they could care less.
 
andrizoid said:
nah...thats impossible.

theyd find the ounce in my jacket :P
Click to expand...

Haha...Nice. Don't do it, it's not worth ending up like this:

Andrizoid.jpg
 
I agree that it would take forever to get any kind of compensation for this via the court system. The fact remains that I'm willing to comprise the list of names and submit the necessary information to as many attorneys as possible in the hopes that one would be interested in taking a closer look. Verizon is like any other corporation, they will try to get away with more when no one is watching or they know they won't be held accountable.

I agreed to take a 3rd phone yesterday and I have no doubt that I will get one with the same issues and I'll be on the phone with their customer service again. At what point do are we expected to lose patience? At what point does enough become enough? Do you realize that these "smartphones" cost most consumers over $3000 in a 24 month period? I'll be damned if that doesn't entitle the consumers to a expedient resolution. This has been going on for how long now? I hate lawsuits and the most of the legal system, but without them, nothing gets done for the consumer's protection. In my opinion, all Eris owners who have experienced the silent call issue on both their original and again on the replacement device, should be entitled to:

1) A reasonable partial refund of monthly service for each month spent with defective device.
2) The opportunity to change to a different device without additional charges, except for the difference in promotional prices.
OR
3) Early termination of contract without paying termination fees.

The lies and inconsistent treatment are what pushed me over the edge. Resolution is based on who you get as a technician. Some get new replacements, some get refurbs. Some get to switch phones, some don't. Some get to switch for free, some have to pay. Some technicians freely admit that this phone has more than the average share of problems, some claim there are no known issues. I have seen 3 or 4 people who claim that their replacement device works perfectly and that Customer Service treated them wonderfully. That is great news, sunshine and buttercups, clowns and puppies, good for you. Unfortunately, it is exactly the opposite for at least ten times as many who have been jerked around like myself.

Verizon probably isn't deep into this situation money wise. The phones are less than a year old in most cases and I would think HTC is footing the bill for the refurbished replacements, I could be wrong, but I doubt it. Let's try to make them spend some of their own money. If anyone is willing to pursue legal action, please pm me. I will pursue this as the lead plaintiff if there are enough names. Feel free to spread the word at other websites and forums.

ch
 
Frisco said:
As it is, Verizon seems to be bending over backwards to get working devices in the hands of those complaining.
Click to expand...

 While I agree that Verizon is trying in some cases, in my case I can't say they bent over backwards to help. Trips to two local stores only left me frustrated and out a few hours of my time. After calling customer service twice I was offered and sent a refurb, however by the time the refurb arrived I had been about 10 days without a reliable phone. And I didn't start contacting Verizon until around June 23rd when the silent bug was well known. For me, bending over backwards would have been something like "take your defective phone to the Verizon store that's 2 miles from your house, give it to them and they will give you a refurb".

I was able to have people reach me on my work blackberry during this time, however it was still a huge pain (notifying people) and I can't imagine trying to run a business that way. Also, in my case leaving for another carrier would have meant paying a large sum to cancel my Verizon contract early. The only offer I was given at the store was to pay full retail for a new phone, no discounted price at all. The only option I was given from phone customer service was to get a refurb of the same model phone and hope for the best. I figure between trips to stores, phone calls to Verizon, time spent explaining missed calls, trips to Fedex to pickup the refurb and send out my old phone, 10 hours of my time at least. Not so bad for me but I'm not running my own company.

I'd like to add that I've never rooted or leaked, my issues started after receiving the 2.1 OTA update. I don't feel like a lawsuit is in order in my case, I'm not really out anything monetary. I'll just leave when my contract is up and avoid HTC/Verizon in the future. All I can do.
 
carlhill, im with you man. i only wish more people were on board. i dont understand people's blahzay acceptance towards this issue. ive gone into verizon twice only to be offered a refurb once, and the second time to factory reset/wipe my phone and maybe be given a refurb after that. it is unbelievable. and they look at me like a crazy person denying there is anything wrong with the phone. ive tried the nice approach, ive tried the angry asshole approach and nothing works with this corporate corruption. let me know if anything progresses on the movement, they really need to pay up on this gross negligence and malpractice.
 
boxer said:
I'll just leave when my contract is up and avoid HTC/Verizon in the future. All I can do.
Click to expand...

If this bundle of issues is as wide spread as those here imply, or outright state, then doing what you say is what the result will be on a fairly large scale.

Failing getting satisfaction at all is a huge issue.. getting it after having to hassle for it is bad enough.

But law suits? Class action law suits? That's the stuff of exploding batteries, choking hazards on baby toys, flammable pajamas and non-functional brake pedals.
 
You must log in or register to reply here.
Back
Top Bottom