Vibrant User Files Class Action Lawsuit vs. Samsung, T-Mobile

[dgstorm]

One of the members over at XDA, MicBeast, is apparently angry enough to start a class action lawsuit against both Samsung and T-Mobile, regarding their poor support of the Samsung Vibrant, and the way they have been holding back their Froyo updates for phones. We shared a report recently, here, regarding industry rumor that Samsung was doing this as a marketing gimmick to improve sales of future phones. Apparently, MicBeast, decided he was 'fed up' and would do something about it instead of just complain like most of us. Here's a quote from him,

Unfair and Deceptive Consumer Business Practices
they have continuously lied to us about the hardware,
and software reliability of this phone,
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!)
over and over,
NOW they plan to release NEW galaxies
without updating the old ones they currently have
The GPS is clearly a hardware defect.
There are just too many issues with this phone
and the Customer service reps have been combative
even bullying and threatening customers!
a clear violation of US law
just let me know what your issues are,
and we can join together to fight this "TOO BIG TOO FAIL"
corporation
Anyone who has any issues whatsoever
please e mail me all your info and whatever issues you have had with this device
to my inbox

If you would like to join his fight against the tyranny of corporate greed, here is his email address: [email protected]

Source: XDA Developers - Class Action Lawsuit

 

[dfuser312553]

^It was only a matter of time.

 

[jroc]

Wow....if this gets picked up by folks like Engadget....it could really take off.

 

[bazar6]

I'm just sorry to hear it's had to rise to this level. I agree with the community, and feel for y'all. I'd join the fight, but I'm on Moto, never been a Samsung fan.

 

[Bigaliensexmachine3000]

Right on! Fight the power brothers!

 

[dankish]

I like hearing about things like this! It honestly warms my heart to see people stand up for what is right! I hate how corporate giants get away with so much! Did people even do this with the iDont4? That is surprising if they didn't. IIRC, a lawyer wrote to congress about antennagate, didn't they? That's different than a large number of people that could come from this, and hopefully this doesn't get overlooked!

 

[jcatt]

Just tipped Engadget... Let's see if they run with the story...

 

[brochaos]

why is this shocking to anyone?

samsung glyde? no support, full of bugs
samsung instinct? no support, full of bugs
samsung behold 2? was that the one they lied about?

face it, samsung does not care about post sales customer support. period.

 

[onsht1kll]

Did samsung refuse to upgrade the software? Think that's the only way they could sue .. they could just say they are still testing the software ..


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[Inkarnit]

Except that they've basically admitted that the software is ready but will be released on the Vibrant 4G and only really for sales purposes, as quoted by their CEO. Forgot where I read the article, but either here or Engadget.

 

[onsht1kll]

Except that they've basically admitted that the software is ready but will be released on the Vibrant 4G and only really for sales purposes, as quoted by their CEO. Forgot where I read the article, but either here or Engadget.

Yeah that was tmobile blaming samsung .. read that article too .. I don't know though if u buy a phone if u are entitled to updates or not .. things are bound to be broken that's besides the point. There has never been a phone released where it was perfect .. just don't know if by law u are entitled to future updates.. guess the courts will decide that ..

 

[hookbill]

Someone please show me where it states that a company selling an Android phone is obligated to update the OS.

Class action lawsuits are a joke, the only ones who win are the attorneys.

 

[ClumsyNinja21]

Someone please show me where it states that a company selling an Android phone is obligated to update the OS.

Class action lawsuits are a joke, the only ones who win are the attorneys.

+1
There is no terminology in the contract or in the sanding user agreement that guarantees any future support. They can refuse to have customer service if they so choose. They are following a business model for growth. Every company does it to a certain degree. No one puts everything out all at once. I am not defending samsung. I'm simply saying don't sue on emotion. Or sue moto for gingerbread. S has it so why don't we? Right? Wrong.

Sent from my DROIDX using DroidForums App

 

[forstir9]

The only thing I see could happen is that Samsung won't want the bad PR and will release an update to counter the bad PR. Or they could just not care and nothing happens.

Sent from my SCH-I500 using DroidForums App

 

[Anathema]

Someone please show me where it states that a company selling an Android phone is obligated to update the OS.

Class action lawsuits are a joke, the only ones who win are the attorneys.

The only thing I can see here is if it is in the contract google agrees to with these phone companies to support and update these OS as they are released and tested. In which case, the class action would have to come from google. It can still be done by an outside party, but it is much more difficult.

This is from section 10 of T-Mobile's Terms and Conditions

Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. T-Mobile is not responsible for any third party content, advertisements, or websites you may be able to access using your Device. Use of Information: T-Mobile may retain, use, and share information collected when you download, use, or install some Content & Apps, may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time.

In my opinion that bold part sums it up and will ruin any chance of a case against them. OS updates can and most likely will be considered content, in which they may withhold from anybody, at any time, without warning.

And this, from line-2-section-5 of T-Mobile's Terms and Conditions.

Your Service is subject to our business policies, practices, and procedures, which we can change without notice.

People should really read these things before the scream "I'm suing you". They are here for a reason.

While I give this person some serious props for trying. He will most likely fail unless he gets a top notch lawyer, in which case he will still most likely fail. I hope he wins, but I doubt it.

And I really hope this fellow read the whole terms and conditions. Especially the HUGE section about filing a class action against T-Mobile.

The more I read the T&C, the more I am convinced he will lose.