Law suits against Asus
- Thread starter markd311
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So, I was surfing the internets and accidentally came across this almost all white page with a single input box. Above it says something like goo g le or something like that. Wow, it's a search engine! Look what I found!
http://www.courthousenews.com/2012/02/13/43820.htm
http://www.courthousenews.com/2012/02/13/43820.htm
"Almost immediately after the purchase of his Transformer Prime, plaintiff began to experience significantly reduced GPS performance which rendered the device unreliable and not functional."
I'd really like to see how GPS not working on a tablet (which you don't really need anyway) makes a device not functional.
I'd really like to see how GPS not working on a tablet (which you don't really need anyway) makes a device not functional.
The GPS device, which was advertised as an included feature of the tablet, is not functional.
I personally could not care less about the GPS and I'll never use it, but it's not fair to pretend that it wasn't important to some people.
Without GPS he got lost in his house which made him unable to locate his router and get close enough to receive a signal and make wifi usable! Duh! Lol
Sent from my ADR6300 using xda premium
Most likely because google uses a lot of API calls to the internal GPS for their subsystems. Also for a device to be defined as "functional" all parameters and specifications from design must be met.
I can see this case from both sides. On the one side they have told any one whom is having these problems that they will work with them or issue a return. On the other hand the FCC verified the functionality of the tablet as it was and the tablet is sold under false pretences. Sounds like an interesting case.
Sent from my Galaxy Nexus using xda premium
The plaintiff would have to argue that GPS functionality is the primary reason for the purchase of his Prime.
The main problem w/ this case is that he knew of this issue before product arrival and did not choose to return it to which he would have to argue that ASUS had perceived that this was something that could be fixed with software, which is not true because ASUS had admitted that hardware was the fault.
The main problem w/ this case is that he knew of this issue before product arrival and did not choose to return it to which he would have to argue that ASUS had perceived that this was something that could be fixed with software, which is not true because ASUS had admitted that hardware was the fault.
Plus FCC already passed this s being a competent wireless device. I can see possibly trying to argue. But trying to say wifi is useless or doesn't work is b.s. there hasn't been one person who wifi was completely broken or Unable to connect. So he will easily loose on that. Plus Asus people will thoroughly check for any tampering at all and anything that person could've done that's wrong. They will see if he has all the latest firmware dates n all that. They will probably get it to work n the courtroom n make the guy look silly..lol. a dead end case really. Believe Asus already has legal teams n plan in actions for situations just like this. So many ways he could easily lose the case.
---------- Post added at 10:57 AM ---------- Previous post was at 10:53 AM ----------
Plus they'll easily say why didn't he return it or exchange it. He wasn't forced to keep it..lol. open n shut case win for Asus. It might just open their eyes though enough to finally make a big move. So regardless if plaintiff loses this case, something good can come out of it.
---------- Post added at 10:57 AM ---------- Previous post was at 10:53 AM ----------
Plus they'll easily say why didn't he return it or exchange it. He wasn't forced to keep it..lol. open n shut case win for Asus. It might just open their eyes though enough to finally make a big move. So regardless if plaintiff loses this case, something good can come out of it.
I'll be happy to show you how WiFi not working on a tablet makes the device not functional. Also, I can show you how when you pair a Bluetooth device and lose 85% of your already weak WiFi throughput, it makes your device nonfunctional.
The litigant may not have alleged those defects in his original complaint, but that's a simple matter of an amendment. I'm sure it'll come up.
Some of you are unreal! Nobody cares if you think the GPS doesn't matter because it doesn't have cell capability. I have 3 GPS units that function great and they don't have WIFI or cell service. ASUS sold the prime as having GPS and that's basically false advertising. If you bought an early model that states GPS and listened to ASUS saying they will fix the issue, you'll be waiting forever because the only fix is another external GPS. They go to court show the functionality of the GPS , then they're ordered to comply with their stated specs. I don't care what someone does with their prime but you cannot tell me or anyone else how to.
Before you call this an "open shut case" you might want to spend some time reading the Uniform Commercial Code (e.g. the law that governs the sale of goods in the US). Pay particular attention to:
§ 2-714. Buyer's Damages for Breach in Regard to Accepted Goods.
(1) Where the buyer has accepted goods and given notification (subsection (3) of Section 2-607) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
I know that's a lot of words, but if you sell a "good" and list a feature on the package or marketing materials, that creates a "warranty". If the feature doesn't work, you've breached that warranty and the "tender" is "non-conforming". Even if the buyer "accepts" the good, he can still sue for breach. Isn't law fun when you actually read it?
There are several threads where WiFi was completely broken. Some people even had their WiFi completely devoid of life after OTA update.
But technically GPS does work. Not just as anyone is expecting it to. Nowhere does it say a working GPS has to be able to navigate. As long as it can lock n pull your location that falls under working.
Regardless if the guy wins or loses the case, good can come out if it.
---------- Post added at 11:40 AM ---------- Previous post was at 11:38 AM ----------
Who said this applies to this guy case? Lol. Plus I haven't seen these threads n I'm here all the time. Of a completely broken wifi and can't connect at all? Even if true it was caused by software, which can easily be changed. Not a hardware fault. Get it right..lmao
If you bought a car with an engine that only ran in completely optimal environmental conditions, and could only get the car up to a maximum speed of 22 MPH, would you be content that it "technically" worked? Or would you think that was a defect?
Those make it not functional. But GPS doesn't make a device not functional, and that was what was stated.
OK, yes, the device was sold with false advertising. But ASUS obviously didn't know that GPS wasn't working, otherwise they'd have tried to fix it.
At the end of the day, to me it doesn't matter. I never used GPS on my TF101 and I'll likely never use it on my TF201. I have an excellent smartphone, which is on me 95% of the time. If I ever need GPS, I'll use that.
Plus its not even known if he attempted to return or exchange tablet. And if he sent it in for RMA or not. If he didn't then that's even more ammo for Asus. regardless of assumptions made if Rma can fix it or not. They will check if he followed the proper channels to getting issue resolved. If he didn't do anything then he lost for sure. Plus I bet if this actually does go to court Asus will get GPS working in there..lol. as soon as it shows a lock. Its a wrap. Fits definition of GPS. Able to find and lock on satellite. GPS definition is Global Positioning System. So if it pulls info, its technically working. Might not work to extent you would like but still fits description and therefore is why FCC tested it. Even most people GPS here now can at least see satellites and get a lock. Navigating is the problem for most. So it technically still fits a working description.
---------- Post added at 11:53 AM ---------- Previous post was at 11:47 AM ----------
GPS n engine not even close comparison. Engine needed for car to work. GPS isn't needed for device to work. Tablet will still work fine without it. That's the difference.
Anyways there was already enough debate on this. GPS is a dead issue. No matter results of this case, it should turn out good for everyone. Maybe the fact someone even taking them to court over this will open their eyes. So I'm not going to argue what your meaning of GPS is. We will see how the case unfolds, if it even goes to trial..lol. more thsn likely Asus offer guy a new prime and case n charges are dismissed..lol. avoidance of going to court would be first priority of Asus. If it does go, then Asus will use everything in their power to show device was working as listed by spec as approved by FCC. They have more than enough paperwork n proof to prove that.
---------- Post added at 11:53 AM ---------- Previous post was at 11:47 AM ----------
GPS n engine not even close comparison. Engine needed for car to work. GPS isn't needed for device to work. Tablet will still work fine without it. That's the difference.
Anyways there was already enough debate on this. GPS is a dead issue. No matter results of this case, it should turn out good for everyone. Maybe the fact someone even taking them to court over this will open their eyes. So I'm not going to argue what your meaning of GPS is. We will see how the case unfolds, if it even goes to trial..lol. more thsn likely Asus offer guy a new prime and case n charges are dismissed..lol. avoidance of going to court would be first priority of Asus. If it does go, then Asus will use everything in their power to show device was working as listed by spec as approved by FCC. They have more than enough paperwork n proof to prove that.
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Before you call this an "open shut case" you might want to spend some time reading the Uniform Commercial Code (e.g. the law that governs the sale of goods in the US). Pay particular attention to:
§ 2-714. Buyer's Damages for Breach in Regard to Accepted Goods.
(1) Where the buyer has accepted goods and given notification (subsection (3) of Section 2-607) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
I know that's a lot of words, but if you sell a "good" and list a feature on the package or marketing materials, that creates a "warranty". If the feature doesn't work, you've breached that warranty and the "tender" is "non-conforming". Even if the buyer "accepts" the good, he can still sue for breach. Isn't law fun when you actually read it?3Seems as if people here only concerned with greed now. Which is wrong and won't make anything better for current owners. People are being selfish in their thoughts or posts. People don't think of how much this could negatively affect all of us along with other Asus product owners. Like OG transformer owners. PC, netbook, laptop owners. People not thinkn of the big picture here.
This is just an example of worst case scenario that I doubt will ever happen but just trying to prove a point with it. Lets say this case does go to trial. ASUS loses. They lose some unheard of high amounts of money. They lose so much money it forces them to go bankrupt or out of business. When that happens, they are cleared from any previous engagements or obligations. They will stop support and warranty claims for all Prime owners. OG transformer and other Asus tablet owners will have their support dropped. Computers that use Asus motherboards n other components have support dropped. All future tablet ideas n products get dropped n never see the light of day. More people than just the little bit of Prime owners will be affected. Is that fair to them? That greed n vindictive behavior drove someone or people to try to get even with Asus as some sort of payback. We are the smallest group out of all Asus products so far. Yet we making the most noise/complaining. I wouldn't wish no company to lose millions over a damn GPS spec. SMH. Maybe because I'm more good natured and more forgiving then others. Yes. GPS is important. But its not millions of dollars worth of loses of importance. I'm not looking to get even or make Asus pay for the GPS being faulty. I would rather them address it and fix it. If it can't be fixed then give some sort of compensation like extending the original manufacturer warranty. Or allowing people who bought prime before they removed the spec from website to get a manufacturer refund.
But alot of these posts in here goes to show how greed n evil behavior is prevalent in the world. Only thinkn about themselves and not the bigger picture of how this could negatively affect everyone who owns an Asus product. Yeah my prime GPS is butt but aside from that, its a great device which I have no regrets. So instead of thinkn how get even or wish harm on someone or a company, think about others n the big picture for once. Cuz there is a flip side to everything and this could easily backfire, as far as the results that you think will come out of this. Then if sh&# does hit the fan n everyone negatively affected, who do you think will be blamed. Not Asus. The ones who tried to bring them down instead of giving them ample time to address will be the ones to blame. I'm glad I don't have a greed mentality like some are showing here through their posts. Greed catches up to you one way or another. The prime is barely over a month old since release. Nowhere near ample time to address issues of all devices released so far.
So I support Asus having to own up and fix devices or compensate. Compensate meaning refund, exchange, or extended warranty. What I don't support is wishing harm into someone or a company for million dollar losses which could ultimately prove fatal for everyone. Just like there's a way to sue them. There's also a way to get out of financial obligations also. You shouldn't want Asus, as a whole, to go down. That will ultimately affect more than just prime owners and would be selfish. Everyone will lose in the end.3
Does it occur to you that perhaps this particular individual was incensed at the manner they were treated by Asus? And that, perhaps they had purchase their Prime through a retailer who doesn't do returns (as has already been pointed out)?
Let's face it. Marketing a product with a feature, then removing that feature from the specs because you (the manufacturer) are unable to get it working correctly is very valid grounds for a lawsuit. It smacks of fraud and false advertising.3Do boxes after Asus pulled the spec from their website still have GPS printed on them?
While it's hard to say when this box/labelwas made, it IS one f the newest serial numbers, which was why I pointed it out. It was shipped to me, represented by Asus Support as "The newer hardware" whatever THAT is (no on has qualified what hardware is different in any way) It was shipped on February 4th.
---------- Post added at 02:56 PM ---------- Previous post was at 02:44 PM ----------
Umm yeah. We have all seen what trying to get the first Quad Core/ICS Tablet did for quality issues. On the other hand, the TF700 is not a "from scratch" product, but just built upo the TF201. Many have said: It's what the Prime SHOULD have been, though it sure isn't as pretty. While I love the Premium look of my Prime, it is also a bit too delicate for my tase. I live in paranoia that the Spun Metalic Back is going to end up being a scratched metalic back. Probably wouldn't be so bad on the basic satin finish, Apple looking TF700. I wish I could have both, but just slapping a plastic window on the back ain't gonna cut it
---------- Post added at 03:04 PM ---------- Previous post was at 02:56 PM ----------
I'll never forget the genius back when we were all screaming abut supply and being unable to get a Prime at all, and the rumor floated that Asus delayed launch to resolve WiFi issue (Anandtech was exposing the issue right about the same time) So this "patience challenged" individual said: "Can't they just send them out to us, and if we have problems, we can just RMA them to get it fixed after a few weeks after we have a chance to play with them?"
They did, buddy. That's precisely what they did.2
The GPS device, which was advertised as an included feature of the tablet, is not functional.
I personally could not care less about the GPS and I'll never use it, but it's not fair to pretend that it wasn't important to some people.
