Filed a class action lawsuit against T-Mobile and Samsung

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marsupial99

Senior Member
Jun 15, 2009
71
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Not to be an ass but why is this in the development section? I see nothing in the for of development aside from a lawsuit.

Sent from my SGH-I897 using XDA App

Because this is a new development.... :D

By the way, I whole hartedly support this lawsuit. Anything to get Samsung to notice that it actually has customers that it should support is better than sitting around and waiting for empty promises...
 
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Leafy_duk

Senior Member
Jan 4, 2011
135
11
I think everything is going to be all right in vibrant land once the vibrant 1.2 (aka vibrant 2) comes out. It looks to be the phone that the vibrant was going to be when it was being first developed before it was stripped of features. And with luck OS's will be mostly compatible.
 
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kaine13x7

Senior Member
Aug 15, 2010
188
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I actually don't see this case being that difficult to prove. Since you are suing both T-Mobile and Samsung, and it has been reported that t-mobile is getting frustrated with Samsung delays as it reflects badly upon t-mobile from the consumers. I could see t-mobile spilling some beans.

On your own it would be hard to prove the deceptive practice, but with the lawsuit now you can subpoena internal memos. I'm sure there are also disgruntled employees with access to those as well. If a memo containing the intentions of Samsung to hold the froyo update from current customers in order to try and force those same people to buy another device is quite simply fraud, and from what I have heard t-mobile already has this info. They might file against Samsung to cover themselves.

Good luck
 
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xpgroup

Senior Member
Feb 26, 2010
189
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This also applies to the Galaxy Tab. Samsung has been promoting the Tab with phone calling capability. This has been shown in all ad & online video. But all Tabs sold in US are having the phone calling feature removed. This feature is one of the main attraction for most of the Tab buyers. We all feel being cheated by Samsung because we did not find out this fact until we own the Tab. I own both the Vibrant & Tab..... Please count me in...

Sent from my GT-P1000 using XDA App
 
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ALUOp

Senior Member
Jul 23, 2008
92
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Even if they release 2.2, I won't use it because the Mobile AP feature will definitely be removed.
I'm happy with the custom ROM that I'm using right now.
But of course, pushing Samsung/T-Mobile to release new Android versions always help ROM developers too.
 
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Leafy_duk

Senior Member
Jan 4, 2011
135
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Even if they release 2.2, I won't use it because the Mobile AP feature will definitely be removed.
I'm happy with the custom ROM that I'm using right now.
But of course, pushing Samsung/T-Mobile to release new Android versions always help ROM developers too.

But if they releases 2.2 then our devs get the source code and we'll have really ****ing awesome rom's rather than just good ones.
 
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accordex

Senior Member
Mar 1, 2009
591
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Kent
How do I sign up? What do you think Samsung will do?

Get an intern from their lawyer pool right on it...

a new phone comes out every other week almost...and true they said they will update to froyo...they're late..they most likely will..if they haven't in 2 years from now, then *****...till then, you bought a 2.1 phone, and you have a functioning 2.1 phone as far as warranty agreement is concerned.

You filed a law suit and blasted it all over XDA... A forum centered mainly around Custom/Leaked roms that void your warranty agreement you "actually" signed....no grey area there right?

While I can appreciate the enthusiasm to "do something" in a frustrating situation, I don't see how you can possibly expect to get anything out of this.
 
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ALUOp

Senior Member
Jul 23, 2008
92
13
But if they releases 2.2 then our devs get the source code and we'll have really ****ing awesome rom's rather than just good ones.

Yes, that's why I said pushing them to release new versions helps the developers.
So, if I will definitely join if this lawsuit is real and actually happens.

I think the GPS defect alone could already be a separate lawsuit.
 

SamsungVibrant

Senior Member
Jul 23, 2010
1,389
106
I've spoken to a couple atorneys in my family, and they agree there is a strong case for a class action law suit, especially for having released a phone with a non functional GPS for several months before a half-ass fixed was released. THE PHONE WAS CLEARLY ADVERTISED AS HAVING A GPS AT LAUNCH. MANY OF THE ANDROID FETURES DEPEND ON A WORKING GPS, SUCH AS GOOGLE MAPS/NAVIGATION, SEARCH, LAYER BROWSER WHICH SAMSUNG HIHGLY ADVERTISED.

Remember this is not just vibrant owners but captivate, fascinate, galaxy s international.

I'm in, I will join any class action since I don't feel like fighting it myself.

Give me the info please.

Hope other people join too.
 
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MicBeast

Senior Member
Jul 19, 2010
145
50
Chicago
If you have that promise in writing, I'm sure the OP would love a copy. If not, you have been delivered no such promise as far as the law's eye can see.

We are at the whim of Samsung, and they are not stupid. They may do the bare minimum with regard to customer support, but (atleast IMHO) they have broken no laws. The only thing wrong with this phone is a defective GPS on certain units, which has and continues to be replaced anytime the issue is brought to their attention.

The only way to hit them is to take your business elsewhere. No sense in paying hundreds or thousands of dollars to some local law firm who has no qualms about losing to a giant like Samsung as long as your retainer clears the bank. Especially not over some phone that you paid no more than $500 for, $200 in many cases.

/rant

HA HA HA How ignorant are you?
first of all the LAW clearly states that
there doesn't have to be any ACTUAL action
All that has to be proven is that Samsung INTENDED to lie to sell this device

similar to the way they INTENDED to fix their TV prices...

They lost that case...

Now they DID promise us FROYO
Continuously
Time, and Time again
Now there is a question whether or not
there should actually be a HARDWARE recall
for the GPS

as posted on this Sight
now remember I am not committing Libel
because I stated clearly it is in QUESTION

Not an actual statement within a press conference
as is par for course for such a situation

you must remember there are intelligent people in this world
such as myself
I am gifted with an extremely acute mind that functions similarly to a computer
I have memorized almost every post, and article regarding this matter, and have been in the process of RE-collecting this information in their ACTUAL physical form. So that I may present my case.

I have faced adversity, and clear bias towards my decision

I made an oath to myself, to others, and to my country
to selflessly defend myself and my country
to protect it from ALL enemies
Foreign, and Domestic
No matter what; So help me God

I'm a man of my word

Figure out where I'm coming from on that one
OK
now prove us wrong Mr. know it all
 

Julianmgn

Senior Member
I've spoken to a couple atorneys in my family, and they agree there is a strong case for a class action law suit, especially for having released a phone with a non functional GPS for several months before a half-ass fixed was released. THE PHONE WAS CLEARLY ADVERTISED AS HAVING A GPS AT LAUNCH. MANY OF THE ANDROID FETURES DEPEND ON A WORKING GPS, SUCH AS GOOGLE MAPS/NAVIGATION, SEARCH, LAYER BROWSER WHICH SAMSUNG HIHGLY ADVERTISED.

Remember this is not just vibrant owners but captivate, fascinate, galaxy s international.

I'm in, I will join any class action since I don't feel like fighting it myself.

Give me the info please.

Hope other people join too.

im in to and would like info

i mean but most of us voided our warranty already but rooting, so do we still have a case?
 

kaine13x7

Senior Member
Aug 15, 2010
188
7
Why not, people have sued mcdonadls for getting them fat and the cigarette company for giving them cancer.

It's funny you mention this as there was a lawsuit filed against mcDonalds by a guy who spilled their coffee into his lap while holding the cup between his legs while driving and caused severe burns. He won the lawsuit...
 

hurrpancakes

Senior Member
Jul 23, 2010
713
120
....you must remember there are intelligent people in this world
such as myself
I am gifted with an extremely acute mind that functions similarly to a computer...

LMAO OMG LOLOLOLOL

Spoiler alert: Your mind does not function similarly to a computer. Do you forget everything you were working on every time you go to bed?
 
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    I have secured a lawyer, and filed a class action lawsuit
    against T-Mobile and Samsung
    I explained all my issues with them, and they agree
    that I have a very strong case.

    http://edelson.com/

    Samsung and T-Mobile have clearly violated the law concerning

    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
    at: SinistaBeatz@GMail.com

    below I have attached the law which outlines what is constituted as unfair and deceptive consumer business practices

    _________________________________________________

    http://www.enotes.com/everyday-law-encyclopedia/deceptive-trade-practices

    Deceptive Trade Practices


    Background

    Federal legislation and statutes in every state prohibit employment of unfair or deceptive trade practices and UNFAIR COMPETITION in business. The Federal Trade Commission regulates federal laws designed to prohibit a series of specific practices prohibited in interstate commerce. Several states have established CONSUMER PROTECTION offices as part of the state attorney general offices.

    The Federal Trade Commission Act (FTCA), originally passed in 1914 and amended several times thereafter, was the original STATUTE in the United States prohibiting "unfair or deceptive trade acts or practices." Development of the federal law was related to federal antitrust and trademark INFRINGEMENTlegislation. Prior to the enactment in the 1960s of state statutes prohibiting deceptive trade practices, the main focus of state law in this area was "unfair competition," which refers to the tort action for practices employed by businesses to confuse consumers as to the source of a product. The tort action for a business "passing off" its goods as those of another was based largely on the COMMON LAW tort action for trademark infringement.

    Because the law governing deceptive trade practices was undefined and unclear, the National Conference of Commissioners on Uniform State Laws in 1964 drafted the Uniform Deceptive Trade Practices Act. The NCCUSL revised this uniform law in 1966. The law was originally "designed to bring state law up to date by removing undue restrictions on the common law action for deceptive trade practices." Only eleven states have adopted this act, but it has had a significant effect on other states. Most state deceptive or unfair trade practices statutes were originally enacted between the mid-1960s and mid-1970s.

    Applicability of Deceptive Trade Practices Statutes

    Deceptive trade practices statutes do not govern all situations where one party has deceived another party. Most states limit the scope of these statutes to commercial transactions involving a consumer purchasing or leasing goods or services for personal, household, or family purposes. The terms used in each statute to set forth the scope of the statute are often the subject of LITIGATION. The majority of states requires a liberal interpretation of the terms of the deceptive trade practices statutes, including those describing the applicability of the statutes.

    Trade or Commerce

    Several states limit the applicability of deceptive trade practices to transactions in trade or commerce. This requirement usually incorporates a broad range of profit-oriented transactions. But it generally excludes trade between non-merchants and similar transactions.

    Consumer Transactions

    The appropriate plaintiff under most deceptive trade practices acts is a consumer, commonly defined as a person who will use a good or service for personal, family, or household purposes. The determination of whether a plaintiff is a consumer often requires use of one of two types of analysis, a subjective test and an objective test. The subjective analysis typically considers the intended use of the good or service at the time of the transaction. Thus, if a buyer of a good intends at the time of a purchase to use to good for a personal, family, or household purpose, the buyer will likely be considered a consumer under the relevant statute. The objective analysis considers whether the type of good or service involved in the transaction is ordinarily used for a personal, family, or household purpose.

    Goods or Services

    Goods are defined under the UNIFORM COMMERCIAL CODE as those items movable at the time of a purchase. Many deceptive trade practices statutes apply this definition to the requirement that goods are involved in a transaction for a deceptive trade practices statute to apply. Livestock are also usually included in the definition of a good. Statutes and courts usually define services broadly, including in the definition most activities conducted on behalf of another. Some states require that consumers seek to purchase merchandise, which incorporates goods, services, real property, commodities, and some intangibles.

    Prohibited Acts and Practices

    Most state deceptive trade practices statutes include broad restrictions on "deceptive" or "unfair" trade practices. These states often include prohibitions against FRAUDULENT practices and unconscionable practices. The Federal Trade Commission, when interpreting the FTCA, does not require that the person committing an act of deception have the intent to deceive. Moreover, the FTC does not require that actual deception occur. The FTC merely requires that a party have the capacity to deceive or commit an unfair trade practice. If a business or individual has this capacity or tendency to deceive, the FTC under the FTCA may order the company to cease and desist the deceptive or unfair practice. State statutes similarly do not require that a company specifically intends to deceive, nor must a company always have knowledge that a statement is false to be liable for misrepresentations made to a consumer.

    A consumer who has been victimized by a potential deceptive or unfair trade practice should consult the deceptive trade practice statute in that state, plus consult CASE LAW applying this statute, to determine whether he or she has a cause of action. In addition to the broad prohibition against deception, most state statutes also include a list of practices that are defined as deceptive. Under the Uniform Deceptive Trade Practices Act, if a business or person engages in the following, the action constitutes a deceptive trade practice:

    Passes off goods or services as those of another
    Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services
    Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another
    Uses deceptive representations or designations of geographic origin in connection with goods or services
    Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsor-ship, approval, status, affiliation, or connection that he does not have
    Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand
    Represents that goods or services are of particular standard, quality, or grade, or that goods are of particular style or model, if they are of another
    Disparages the goods, services, or business of another by false or misleading misrepresentation of fact
    Advertises goods or services with intent not to sell them as advertised
    Advertises goods or services with intent not to supply reasonably expected public demand, unless advertisement discloses a limitation of quantity
    Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
    Engages in any other conduct which similarly creates the likelihood of confusion or of misunderstanding
    Most states include similar items in their lists of deceptive trade practices violations, even if those states have not adopted the uniform act. In addition, the FTC and many states prohibit other unfair practices, including the following:

    Unfair provisions in contracts of adhesion
    Coercive or high-pressure tactics in sales and collection efforts
    Illegal conduct
    Taking advantage of bargaining power of vulnerable groups
    Taking advantage of emergency situations
    Unconscionable activities, including outrageous and offensive conduct by a business in the sale of goods or services
    Other Practices Deemed Deceptive or Unfair

    Debt Collection

    The Federal Fair Debt Collection Practices Act and state debt collection statutes govern most abuses by debt collectors in debt collection activities. Deceptive trade practices statutes may provide remedies in situations that are not covered by these debt collection statutes. For example, most debt collection statutes do not cover some forms of debt collection, such as foreclosures, repossessions, and evictions, but a deceptive trade practices statute may apply. Moreover, deceptive trade practices statutes may also permit a consumer to bring a cause of action against a CREDITOR for debt collection practices of an independent agency hired by the creditor. Several cases have dealt with issues regarding misrepresentations made by debt collectors or deceptive agreements proposed by debt collectors.

    Breach of Warranties

    Consumers have several means of enforcing a WARRANTY provided in a sales or service contract. If a business employs deceptive practices with respect to the advertisement or negotiation of a warranty, a deceptive trade practices statute may provide a consumer a remedy in addition to a breach of warranty claim.

    Insurance

    Most states have enacted legislation regarding deceptive practices of insurance companies, including those practices related to the sale of policies and the payment of claims. In some states, employment of a deceptive practice in insurance is also a deceptive trade practice. A deceptive trade practices statute may also provide a remedy in insurance cases where state insurance laws do not apply.

    Pyramid Schemes and Similar Practices

    Several states prohibit certain illegal business schemes through deceptive trace practices statutes. One such scheme is a "pyramid scheme," where investors make money by recruiting others to join and invest in a company rather than selling a product as claimed by the company. Other schemes include deceptive employment opportunity claims and misleading or deceptive game or contest promotions. Some states do not specifically include these schemes in the statute, but courts in those states may have applied provisions of the relevant deceptive trade practices statute in cases involving these schemes.

    Remedies for Violations of Deceptive Trade Practices Statutes

    A consumer who has been the victim of a deceptive trade practice has a variety of remedies. State deceptive trade practices statutes have been particularly successful due to the damages provisions included in the statutes. About half of the states provide minimum STATUTORY damages to a litigant who has proven a deceptive trade practice, even if the litigant has not proven actual damages. Many states also permit courts to award treble damages, which means the actual damages to a party injured by a deceptive trade practice are tripled. Several states also permit courts to impose PUNITIVE DAMAGES and/or attorney's fees for these practices.

    In addition to monetary damages, several other options may exist for a person injured by a deceptive trade practice. When the FTC has JURISDICTION over a case, it may enjoin a deceptive trade practice of a company under the FTCA. Statutes in each of the states also permit government enforcement officials to seek cease and desist orders to prevent businesses from engaging in deceptive trade practices. These remedies may be available in addition to civil remedies sought by private litigants.
    4
    Flash through ODIN?

    How's the battery life?

    Any Screenshots?

    Thnx
    4
    This is moronic. You have zero proof that either party intentionally harmed a consumer. Your attorney is lucky to bilk hours against your retainer.

    people, it's a blog post on androidspin! Not a sworn statement. Stop getting all worked up.

    sent from my galaxy s
    2
    I'm excited by this news.

    Sent from my SGH-T959 using XDA App
    2
    Sammy was always careful in there language. They never said "The Vibrant will receive 2.2"... it was always "All the Galaxy S phones are capable of 2.2 and we are working with the phone companies to make this happen"

    Nothing verbatim of course.

    I was very hesitant on buying the Vibrant given my personal history with Samsung (crappy BluRay player) and the fact that they are slow at updating there phones. I knew it was a gamble buying it but i did it anyway.

    I love my phone, but i am rooted and have been running 2.2 for a long time now.
    Samsung actually said all carriers will receive froyo in september in the showcase of the galaxy s line.


    Sent from my SGH-T959 using XDA App