Filed a class action lawsuit against T-Mobile and Samsung

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Miz_Buzzer

Senior Member
Jul 24, 2010
141
15
Kolkata
forum.samdroid.net
hhmm,,
I have a galaxy spica and a member of samdroid.net. We didnt get 2.2 because of the hardware issue but thanks to the devs ,, we are even gonna get Gingerbread on our spicas... xD
my God, they should really get screwed for following such **** business policies!!! I SUPPORT YOU Micbeast!! BEST OF LUCK in sewing these cheapskates!!!
 

dasunsrule32

Inactive Recognized Developer
Oct 9, 2009
2,336
2,066
Gilbert, AZ
Ummm, I feel like I'm missing something. If samsung isn't working on bringing 2.2 to the vibrant than how do you explain jl5 and all the previous 2.2 leaks? Is the plan to sue for missing a delivery date? If so what is the precise deadline they missed? Is it not in the customers best interest to receive software that has been tested? I guess I just don't get it.


Sent from my SGH-T959 using XDA App

At least the GPS is borked..., either way, I support this..., it's time the little guy showed the big guy they can't muscle us around anymore... :mad:
 
Jan 14, 2011
6
0
With all the resources out there it is not hard to use photoshop and others to throw together some are your site is not that sharp lookign

i have no use for photoshop other then picture editing
and also I don't live with my parents
but I live in my own HOUSE
pay MY OWN bills
not sure how I am ungrateful
I should be greatful for taking down a company that didn't give a update yet
I have asked my parent for money since I was 20

I may not have 10 cars like mr big shot here running his own record company but i am pretty secure with what I do. Late night tv and making fun of the stupidity online is my cup of tea. Just keep responding and you could keep me entertained all night.

Now for the sad part is we will need to pick this up tomorrow again micbeast. Us grown ups actually have responsibilities during the day. With the way you are going at this though sounds like you actuall work for att and apple. lol

My dad would be laughing at you with me lol.
 

vud911

Senior Member
May 10, 2010
88
0
I wish you luck. I hope you guys catch them with the GPS issue, which will, hopefully, make them fix it on a hardware level at the minimum.
 

endo689

Senior Member
Aug 25, 2010
125
18
Belmont
Can't really complain about the phone rooted with latest nero rom with voodoo and have had no gps issues. Also helps I got this phone for a penny...so really can't complain.

Sent from my rooted Vibrant: Nero v4.1; voodoo enabled. :)
 

TheArtiszan

Senior Member
Jun 12, 2009
1,122
133
I hope samsung don't charge for sending back rooted phones.
I guess that I was one of a lucky few since ji6 sitting here in bed locks on gps when I just tested it in less then 15 seconds.
What problem are you having with yours. Mine right now is unrooted running ji6 since nero 4 gave me so much problems and I didn't feel like messing with it and my compass is fine.
With your recent equipment replacement sounds like a bad unit was sent out and also since you are having problems you are also looking for flaws. Not to say they aren't real but finding thinks that previously wouldn't have complained about.
I still don't see how t-mobile let alone the other 3 major carriers as they will need to be lumped into this are responsible for samsung making bad hardware.
franky I would love to see samsung have to give us all free upgrade phones.
I just don't think micbeast or any one for that matter will be able to obtain that samsung or t-mobile intended fraud.best of luck with it though.
And with that I also motion that this thread be either locked or at least moved since is getting so out of hand.

Sent from my SGH-T959 using XDA App
 

MicBeast

Senior Member
Jul 19, 2010
145
50
Chicago
I hope samsung don't charge for sending back rooted phones.
I guess that I was one of a lucky few since ji6 sitting here in bed locks on gps when I just tested it in less then 15 seconds.
What problem are you having with yours. Mine right now is unrooted running ji6 since nero 4 gave me so much problems and I didn't feel like messing with it and my compass is fine.
With your recent equipment replacement sounds like a bad unit was sent out and also since you are having problems you are also looking for flaws. Not to say they aren't real but finding thinks that previously wouldn't have complained about.
I still don't see how t-mobile let alone the other 3 major carriers as they will need to be lumped into this are responsible for samsung making bad hardware.
franky I would love to see samsung have to give us all free upgrade phones.
I just don't think micbeast or any one for that matter will be able to obtain that samsung or t-mobile intended fraud.best of luck with it though.
And with that I also motion that this thread be either locked or at least moved since is getting so out of hand.

Sent from my SGH-T959 using XDA App

I just finished installing NERO V 4.1 with SBG 2.3 H FA
I used my UPGRADE TO GET THIS PHONE
I don't qualify for another for 15 months
What am I supposed to do if my device encounters a hard brick after
my manufacturers warranty?
I am not RICH, and I need an access WORKING device at ALL times
BTW NERO V4 W/ SBG Voodoo and all the fixes works beautiful
But like I said what then after my Manufacturers warranty and a hard brick

Will you be kind enough to buy me a phone?

cause I can't mooch off of my parents for that money
My Father is no longer here, and my Mother is flat broke
 

cvibe88

Senior Member
Jul 23, 2010
59
18
Pacific NW
You voided your warranty by flashing your device (we all did), So if you bricked it then you're SOL. Why should T-Mobile or Samsung have to take responsibility for that? Go get the free phone and stop complaining.
 

MicBeast

Senior Member
Jul 19, 2010
145
50
Chicago
You voided your warranty by flashing your device (we all did), So if you bricked it then you're SOL. Why should T-Mobile or Samsung have to take responsibility for that? Go get the free phone and stop complaining.

Why? Whats the point
this is their best device, and they refuse to stand behind it
they made hundreds of empty promises
how is this even legal?

and keep in mind we voided our warranties installing ROMS based on an unoffical build of FROYO
that T-Mobile HAS HAD IN THEIR POSSESSION, since mid-December
what are you getting out of trying to belittle me, and you also cannot discourage me from doing something that I've already done

I appreciate ALL THE FEEDBACK this post has received
this post deserves to be one of the top posts here
it is IMPORTANT, and has generated a lot of constructive feedback
a couple people cannot force XDA to close or lock this forum
especially when they have nothing constructive to say!
we are not on forums.tmobile.com
you cannot bully people into shutting up for the best interest of T-Mobile here

what truly upsets me is that I am not doing this for myself in any way
and I have to face this much adversity for doing the right thing

What happened to the America that I remember
 
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patriot1973

Senior Member
Don't mean to be a dream-crusher, but this has about as much traction as a Formula-1 car on racing slicks in the mud.

You're probably better off trying to sue McDonald's on false advertising. Look at their picture of that Big Mac. Man, that thing looks like it's 4 inches high! Stacked with 2 all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun!

But when you open the box, you're staring at a squash-burger and your stomach turns sick.

Now THAT'S an example of false advertising!
 

tekowalsky

Member
Aug 29, 2010
41
3
I love this phone for the following reasons:
great hardware
Android
great dev community

Samsung did exactly what they do with every product that promises developer potential. They lied and schedule shifted to feed their sales cycle.

Google the Samsung Instinct and MIDP 2.0. They crippled the Java compliance and didn't fix it until after the next hardware version.

I learned my lesson with that phone. Why do you think we haven't seen the kernel source code?

Sent from my SGH-T959 using XDA App
 

Br1cK'd

Inactive Recognized Developer
Sep 23, 2010
2,402
1,840
Colorado
Don't mean to be a dream-crusher, but this has about as much traction as a Formula-1 car on racing slicks in the mud.

Much like the last time tried someone tried to bark up this tree. Yeah this isn't the first time, and I'm sure it won't be that last. Funny how the last one that someone was trying to start, just kind of faded away.

IMHO, if this open source software (android os) isn't what you want it to be, learn how to dev it. Thats the point and beauty of open source. All things like this serve to do is drive up the cost for all consumers, whether they complain loudly, or use what they have and be happy with it. Jumping back down off my soapbox now, y'all be cool.
 
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raziel26

Senior Member
Jun 28, 2008
103
5
Alright MicBeast could you please explain something to me why are you suing Samsung Tmobile Exactly is it because of the gps or is it because there is currently no froyo update yet and no im not trying be a jerk I just would like to know. I guess that I am sure you had heard the issues with behold 2 not ever being upgraded. Im just trying to see the other side of things because if so you took a chance when you bought the vibrant. Now the one thing I do agree with is the gps never being fixed that is some bs but honestly I just think you are kinda jumping the gun maybe hold off till the vibrant+ is released and if by then 2.2 is not released for us then proceed and push hard. That's all im saying and please don't take this as an attack its just a different view.
 

eltormo

Senior Member
Aug 28, 2010
161
5
What more deceptive conduct than offering you unlimited internet,and punish you by reducing your speed for using it to much,what the hell that is why i pick an unlimited plan in the first place.

Is like the bank offering you unlimited fuel for your car for $40 dollars more a month on your car lease,but then they go to your house and deflate one of your tires,because you used more than 30 gallons,so now you have to ride with one flat tire.

I don't even know how can they legally do this,since i have my contract and i don't see any part where it say that if i pass 5GB my speed will be reduce.
 

raziel26

Senior Member
Jun 28, 2008
103
5
What more deceptive conduct than offering you unlimited internet,and punish you by reducing your speed for using it to much,what the hell that is why i pick an unlimited plan in the first place.

Is like the bank offering you unlimited fuel for your car for $40 dollars more a month on your car lease,but then they go to your house and deflate one of your tires,because you used more than 30 gallons,so now you have to ride with one flat tire.

I don't even know how can they legally do this,since i have my contract and i don't see any part where it say that if i pass 5GB my speed will be reduce.
I have had this exact same issue and I said the same thing not about car thing btw lol that was kinda funny but on the website in the terms of service it actually does mention that they can throttle the data service it is still unlimited because you are still accessing the web but at edge or slower speeds but I do agree if its unlimited and your charging me $30 plus dollars a month for the service I should have access to unlimited 3g speeds.


Sent by Pigeon Carrier.
 

eltormo

Senior Member
Aug 28, 2010
161
5
I have had this exact same issue and I said the same thing not about car thing btw lol that was kinda funny but on the website in the terms of service it actually does mention that they can throttle the data service it is still unlimited because you are still accessing the web but at edge or slower speeds but I do agree if its unlimited and your charging me $30 plus dollars a month for the service I should have access to unlimited 3g speeds.


Sent by Pigeon Carrier.

I have my contract in hand is in spanish,since i live in Puerto Rico,and it doesn't say anything about the connection been cap if i pass 5GB,but is funny because one part say (in Spanish) that i have read and receive my contract,and that the English version of the contract will prevail over any other version.lol

That is complete and utter bullsh**,first because they did not gave me and English version,and second because they can promise things in spanish or omit them,and on the English version will be,and since you don't have a copy of the English one in hand you can't compare.

Thank god sites like this exist,also what if the services get affected,i mean this phone is been sold as a media and online hob,the first thing they advertise is the speed of the network,and the how you can see videos or hear music all things that consume bandwidth allot.

I wonder what would be the plan for 4G,it would be the same.? 5GB peak,because advertising all that speed when you will punish me for using is completely retarded and abusive on T mobile part,they bring people in making promises they break as soon as your in.
 
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  • 34
    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