Law suits against Asus

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demandarin

Senior Member
Apr 7, 2010
7,021
2,038
Alexandria, Va
And what's been lost in the process is the discussion of how ICS and Teg3 which represent the next generation of Android tablets makes a difference. The Prime is a ground breaking device and instead of discussing features and performance it's mired in an endless discussion of issues. That's the biggest loss of all and it didn't need to be that way. Wordlywisewiz posted this yesterday from an Asus engineer. It's fantastic news. If Wi-Fi's not as strong on the Prime I think people would be able to live with that - device's perform differently. At least if they get the design and manufacturing issues under control Prime's will start to work similarly across specimens. That would allow the forum to return to normal not "cool story bro" and "face palm GIFs." [/url]

Like this?
how-lovely-to-hear-you-say-that-cool-story-bro-.jpg



Smile ;) you know I had to mess with you on this one.

Lol
 

BarryH_GEG

Senior Member
Jan 16, 2009
10,197
5,142
Spokane, Washington
I would think Asus, in order to not stir the pot any more than it already is, would insert the word "Limited" in front of GPS and save themselves more headaches !

Or call it "geo-location" which it really is. The HP TP didn't have a GPS chip and that's what they called it. But if the engineers get the antenna issues resolved GPS across Prime's should start to work consistently. On the better specimens the Prime does OK locking which would be good for things like geo-tagging pictures and trip journals that aren't typically done with the device in motion.

All the kings horses and all the kings men will never be able to make it a navigation device because of the back cover.
 
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rdalev

Senior Member
Jan 1, 2012
119
19
Georgia
Today 02/18 @ Newegg ! GPS "STILL" Listed !
Guess Asus really doesn't give a rat's a$$ !

http://www.newegg.com/Product/Product.aspx?Item=N82E16834230217

Brand
ASUS
Model
TF201-B1-GR
Operating Systems
Operating System
Android 3.2 Honeycomb Platform (upgradable to 4.0 Ice Cream Sandwich)
CPU
CPU Type
NVIDIA Tegra 3
CPU Speed
1.30GHz
CPU L2 Cache
1MB
Display
Screen Size
10.1"
Display Type
Wide XGA
Resolution
1280 x 800
Graphics
GPU/VPU
Integrated Graphics
Video Memory
Shared system memory
Hard Drive
HDD
32GB Flash
Memory
Memory
1GB
Memory Speed
DDR2
Communications
WLAN
802.11b/g/n Wireless LAN
Bluetooth
BT 2.1
Supplemental Drive
Webcam
Front 1.2MP & Back 8MP
Power
Battery
Lithium Polymer
Battery Life
Up to 12 Hours
Features
Other Features
G-Sensor, E-Compass,GPS, Light Sensor, and Gyroscope
Function
Internet Tablet
 
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m3t4lw01f

Guest
Today 02/18 @ Newegg ! GPS "STILL" Listed !
Guess Asus really doesn't give a rat's a$$ !

http://www.newegg.com/Product/Product.aspx?Item=N82E16834230217

Brand
ASUS
Model
TF201-B1-GR
Operating Systems
Operating System
Android 3.2 Honeycomb Platform (upgradable to 4.0 Ice Cream Sandwich)
CPU
CPU Type
NVIDIA Tegra 3
CPU Speed
1.30GHz
CPU L2 Cache
1MB
Display
Screen Size
10.1"
Display Type
Wide XGA
Resolution
1280 x 800
Graphics
GPU/VPU
Integrated Graphics
Video Memory
Shared system memory
Hard Drive
HDD
32GB Flash
Memory
Memory
1GB
Memory Speed
DDR2
Communications
WLAN
802.11b/g/n Wireless LAN
Bluetooth
BT 2.1
Supplemental Drive
Webcam
Front 1.2MP & Back 8MP
Power
Battery
Lithium Polymer
Battery Life
Up to 12 Hours
Features
Other Features
G-Sensor, E-Compass,GPS, Light Sensor, and Gyroscope
Function
Internet Tablet

If Asus has made retailers aware (which I believe they have) and retailers don't remove it, how is that Asus' fault?

For what it's worth, bestbuy Canada's website still says gps as well, but my box makes no mention of gps. (C1 serial)

Sent from my Transformer Prime TF201 using Tapatalk
 
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slef2003

Senior Member
Aug 6, 2010
159
49
Norwich
If Asus has made retailers aware (which I believe they have) and retailers don't remove it, how is that Asus' fault?

For what it's worth, bestbuy Canada's website still says gps as well, but my box makes no mention of gps. (C1 serial)

Sent from my Transformer Prime TF201 using Tapatalk


It is not Asus's fault, but in the uk the contact is with the seller and not the manufacturer, hence Ebuyer whom I purchased my current prime from is still listing GPS as a function (have sent screen grabs and a copy of the page to an email account for date verification) gives me an option for return outwith my 7day return period if there is not a future software improvement of the wifi reception which is not brilliant!!
 
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m3t4lw01f

Guest
It is not Asus's fault, but in the uk the contact is with the seller and not the manufacturer, hence Ebuyer whom I purchased my current prime from is still listing GPS as a function (have sent screen grabs and a copy of the page to an email account for date verification) gives me an option for return outwith my 7day return period if there is not a future software improvement of the wifi reception which is not brilliant!!

I was pointing out how the above poster was saying Asus doesn't give a rat's ass. At this point it would be up to the retailer, not Asus, is all I was pointing out.

Sent from my Transformer Prime TF201 using Tapatalk
 

iletone2

Member
Feb 18, 2012
7
0
1 gig ram but only uses 983 m?

i remember someone suing a mobile phone manufacturer and winning because the device said it had (example) 2 gig ram but only used like 1.8 or something... now isn't this same type of issue? says the prime has one gig but every program and info says its using max 983m...isnt this same type of issue? they advertise 1 gig but it does not use or utilize 1 gig or am i missing something?


also aside from gps will the other things be fixed via updates or should i return my prime and get new one? my wifi is fine...also is there an updated version of this tablet with fixes coming out or will it just be the prime 3 next?

since gps is of no concern to me and my WiFi works great would i refrain from an exchange and wait for the updates to fix it? sorry for several questions pm me if necessary thanks
 
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demandarin

Senior Member
Apr 7, 2010
7,021
2,038
Alexandria, Va
i remember someone suing a mobile phone manufacturer and winning because the device said it had (example) 2 gig ram but only used like 1.8 or something... now isn't this same type of issue? says the prime has one gig but every program and info says its using max 983m...isnt this same type of issue? they advertise 1 gig but it does not use or utilize 1 gig or am i missing something?


also aside from gps will the other things be fixed via updates or should i return my prime and get new one? my wifi is fine...also is there an updated version of this tablet with fixes coming out or will it just be the prime 3 next?

since gps is of no concern to me and my WiFi works great would i refrain from an exchange and wait for the updates to fix it? sorry for several questions pm me if necessary thanks

Don't know how that case won but sounds like b.s. any storage medium is like that. For instance prime does have a total of 1Gb ram. But certain system processes n such use up some of that ram so what's available for you or other apps n such to use is a little bit less. Same deal with case you mentioned. Same deal with any SD card or thumb drive. Its always a little less than what's listed because the OS has a certain amount allocated for itself.

But how does this relate to the case here though? Lol. Nvm...I can vaguely see the comparison. GPS was listed as a feature. But it actually didn't work up to standard people assumed it would. So technically it works. But just not how you might use it.
 
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shinzz

Senior Member
Dec 18, 2011
928
155
Don't know how that case won but sounds like b.s. any storage medium is like that. For instance prime does have a total of 1Gb ram. But certain system processes n such use up some of that ram so what's available for you or other apps n such to use is a little bit less. Same deal with case you mentioned. Same deal with any SD card or thumb drive. Its always a little less than what's listed because the OS has a certain amount allocated for itself.

But how does this relate to the case here though? Lol. Nvm...I can vaguely see the comparison. GPS was listed as a feature. But it actually didn't work up to standard people assumed it would. So technically it works. But just not how you might use it.

........

Do we really have to go over Asus listed and advertised GPS navigation?

Or GPS doesn't work at all for some individual?

Or aGPS isn't GPS?
 

junrider

Senior Member
Jan 10, 2012
704
79
Updated:

Retailers which still has GPS on the Spec as of today:
Bestbuy
Gamestop
Amazon
Walmart
Tiger Direct
Abe's of Maine
Newegg.com
J&R.com
B&H Photo

No GPS listed:
Target
Staples
Office Depot

Site unavailabe:
Adorama
 
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buxtahuda

Senior Member
Feb 4, 2011
1,379
162
Cleveland, MS

BarryH_GEG

Senior Member
Jan 16, 2009
10,197
5,142
Spokane, Washington
If Asus has made retailers aware (which I believe they have)

You guys are confusing PR with a formal change in a product's specs. Asus Taiwan had a "press conference" and Asus Sweden "issued a statement."

Following recent discussions on GPS function in the Asus Transformer Prime, Asus has issued a written statement in which it writes that there are "limitations when using the GPS function" and that the unit's metal case can affect the GPS module capable of receiving signals from satellites. Yesterday, among others, Asus in Sweden removed the "gps" from the specifications on the website of the Prime and it's something that Asus will do or have done in other countries

http://www.mobil.se/articles/asus-metallskalet-ger-prime-gps-problem-1.497720.html

These are just some of the things that go in to changing a products specs once it's been sent to resellers:

1) Remove or add a note that says "devices sold after 'X' no longer support this feature" to all traditional and online collateral.

2) Modify all future packaging, product identification, and support material to reflect the change introducing new document inventory numbers to avoid confusion.

3) Edit all previously released marketing materials (videos, stills, editorial) to ensure the feature is no longer present.

4) Identify at the retail level what materials reflect the feature. Provide resellers with formal notification, a positioning statement, and guidelines/tools (overlays, redaction methods, etc.) to modify product they have in stock and any POP materials they're using.

5) Have internal resources audit resellers online sales and promotional pages and do mystery calls to random B&M outlets to ensure they've complied with required changes.

6) Modify support and repair channels to effectively support customers with pre/post change products including proper positioning statements.

There's more but you get the point. There are people on the forum that work for BB, GameStop, Staples, and OfficeDepot. I'm sure they would have posted something if the above (or similar) was initiated by Asus. The fact the C1's still have GPS on the box would indicate Asus hasn't done a lot.

This is product marketing 101. It happens frequently and is dealt with the same way whether it's a tablet or a toaster. And I'm sure what Asus did (or didn't do) once they identified the problem is going to come up in the case. If they haven't implemented something like what I described they're going to have a lot of 'splainin to do.
 

RipplingHurst

Senior Member
Feb 18, 2011
357
40
California
These are just some of the things that go in to changing a products specs once it's been sent to resellers:

1) Remove or add a note that says "devices sold after 'X' no longer support this feature" to all traditional and online collateral.

2) Modify all future packaging, product identification, and support material to reflect the change introducing new document inventory numbers to avoid confusion.

3) Edit all previously released marketing materials (videos, stills, editorial) to ensure the feature is no longer present.

4) Identify at the retail level what materials reflect the feature. Provide resellers with formal notification, a positioning statement, and guidelines/tools (overlays, redaction methods, etc.) to modify product they have in stock and any POP materials they're using.

5) Have internal resources audit resellers online sales and promotional pages and do mystery calls to random B&M outlets to ensure they've complied with required changes.

6) Modify support and repair channels to effectively support customers with pre/post change products including proper positioning statements.


This is product marketing 101.

Couldn't agree more.

The C1 box label proudly displaying GPS is the most shocking to me. Seriously? How cheap would be to change that? Its like they have Gary doing one thing here while the cheap bosses over there are savings peanuts undoing all the work...







Sent from my SAMSUNG-SGH-I717 using xda premium
 

Hanshananigan

Member
Jan 16, 2012
38
0
I haven't followed all 30 pages of posts, but my guess is that a class action suit will be filed and 5-10 years from now anyone who bought a TP-201 before a certain date will receive a letter from a consumer organization (plaintiff for aggregate lawsuits) saying that you are eligible for receiving $20-50 back (including interest) for the GPS issue (represents expected profit from touting GPS capability). Assuming the consumer organization wins, I think a court decides the parameters regarding who would get what. From the class action stuff I've seen, you don't have to prove anything if they find you (and they make money off of finding you).
 
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BarryH_GEG

Senior Member
Jan 16, 2009
10,197
5,142
Spokane, Washington
Its like they have Gary doing one thing here while the cheap bosses over there are savings peanuts undoing all the work...

In Gary and Asus USA's defense, it's difficult working for multi-national companies when the mother ship exists overseas. I've never worked for an Asian company but have friends that do. I worked for an Anglo/Dutch company though and if you now how the British and Dutch feel about each other it was equally dysfunctional.

It's not easy getting them to understand how what may work overseas, especially communication, doesn't work elsewhere. A side benefit of the lawsuit is that it has definately gotten the attention of Taiwan and may even make Asus USA's life easier. A company in Asia martyring themselves over a problem they've created is actually considered noble and can raise their standing with customers. Not so much here.
 
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m3t4lw01f

Guest
Couldn't agree more.

The C1 box label proudly displaying GPS is the most shocking to me. Seriously? How cheap would be to change that? Its like they have Gary doing one thing here while the cheap bosses over there are savings peanuts undoing all the work...







Sent from my SAMSUNG-SGH-I717 using xda premium

I imagine that the "early" C1's were probably boxed right before the announcement. My C1 doesn't have GPS on the box.

Wondering if perhaps they did change something as my C1 has been literally flawless for its advertised features.

I can agree, though, that this has been a particularly brutal product launch.

Sent from my GT-I9000 using Tapatalk
 

juntistik

Senior Member
Dec 31, 2011
151
18
Dallas / Ft worth
Not sure if anyone posted this yet, I scanned through and didn't see it...

But to those out there who think that a class action lawsuit will result in getting a full refund, or getting a tf700, or getting a massage with a happy ending, whatever, this is more likely to occur.

http://www.engadget.com/2012/02/17/apple-iphone-4-antennagate-lawsuit-settlement/

TLDR: Apple's class-action results in $15 dollar payoff or new case for those effected
 

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  • 5
    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.

    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?
    3
    Seems 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
    Anyone who tries to get more than they paid for a device that they could have returned for their money back through suing instantly loses my respect.

    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.
    3
    Do boxes after Asus pulled the spec from their website still have GPS printed on them?

    attachment.php

    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 ----------

    It's totally true. Someone did the math earlier, and returning TF Primes is very costly for Asus. Even without the lawsuit they are likely working very hard to try to fix the problem. Meanwhile I'm sure they're pushing the Tf700t out as fast as possible to stop TF201 sales.

    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
    "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.
    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.