Class action lawsuit against Samsung for Gear 2

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sniickers

Senior Member
Oct 31, 2013
142
36
Macon
Samsung Galaxy Tab S
Snickers, what phone are u using and is it stock os? Most of the folks who are NOT using custom roms are working exactly as designed. Mine has worked flawless on my Note 3 rooted stock. No real mods to the phone. If you are not stock and you are not on compatible phone, no lawyer would even consider your case. Using outside of design parameters is instant dismissal from any court in a case like this. Now for the other person wanting to hit Samsung because of aftermarket software companies NOT delivering, you have to take action against them, unless any of those companies are wholly-owned by Samsung themselves. Either case, you would be hard pressed to find a litigation team willing to attempt this.

Sent from my SM-N900T using Tapatalk

I agree it would be a hard task to get a litigation team to take on the task, thats why I came here with this thread to see how many more legitimate issues others are having and if similar to show as evidence of a mass product failure. I honestly recognize at the end of the day, this may never gain sufficient traction. But if that may be, I hope it will develop another attention to get back to Samsung there is clearly an issue with their product. I am currently indispute with my cc company to reverse the charges for apps I bought that wont install on my gear also since I have had no success in getting reimbursed from Samsung for them, since they are sold in their app store. Now I have considered the possibility that my rom which is not stock may be a cause for issue. I am using the most recent jedi rom which I installed fresh and correctly and never had any issues. But initially I did go to the thread for the developer to see if there was any established issues using it with the gear. I believe the response was a lol, by a poster. That tread is not too engaging I should say. So I did move along since I did have several apps that did install correctly and the basic core functionally of my gear did work. I really have been hesitant on going back to stock on my tmobile note 3 to confirm, but it would be the last thing i can do to confirm if this is the root cause of my issues. So I will give in and go back stock and try and see if I get any success. Thanks for your response also.
 

mpogr

Senior Member
Jan 16, 2008
185
63
Melbourne
Snickers, what phone are u using and is it stock os? Most of the folks who are NOT using custom roms are working exactly as designed. Mine has worked flawless on my Note 3 rooted stock. No real mods to the phone. If you are not stock and you are not on compatible phone, no lawyer would even consider your case. Using outside of design parameters is instant dismissal from any court in a case like this. Now for the other person wanting to hit Samsung because of aftermarket software companies NOT delivering, you have to take action against them, unless any of those companies are wholly-owned by Samsung themselves. Either case, you would be hard pressed to find a litigation team willing to attempt this.

Sent from my SM-N900T using Tapatalk
As far as I can see, this page appears on a Web site that officially belongs to Samsung. It clearly states, that the apps listed there have been available TODAY, which was on Mar 30th. In fact, many of them (Runtastic, Fleksy etc.) are not available even today, 2.5 months later. What is it if not false advertising?

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highlordkram

Senior Member
Nov 21, 2006
267
57
Las Vegas
Love my watch too. Am in USA and all working out great. Things Samsung, Android or Apple could Always be better, but I get great use out of my Gear 2, and my son loves his Gear 1 on Tizen now.
 
Mpogr, notice that site says 'starting' today, which is rather open ended. When it comes to legality, starting is open ended with NO end date. Did it start showing up on or around that date? Yes, therefore you wont have a case. Yes, it's all about semantics. As for op, back up your rom, install totally stock and most of your issues will probably go away. Samsung's lawyers would have your case ripped apart and tossed immediately because you are using user designed rom that is NOT certified by Samsung.

Could things be better? Yeah, I have a list of cool things I would like to see. Automatic sleep tracking, better vibration, etc, but that doesn't make it defective out of the box. All core functionality does work as advertised. Henceforth no litigation team would be willing to help since you cannot prove that its not your custom rom that caused your issues.

Sent from my SM-N900T using Tapatalk

---------- Post added at 02:08 PM ---------- Previous post was at 02:06 PM ----------

Btw, I do NOT work for Samsung nor any of its affiliates. I have no vested interest in them other than I have a Note 3 and Gear 2.

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mpogr

Senior Member
Jan 16, 2008
185
63
Melbourne
Mpogr, notice that site says 'starting' today, which is rather open ended. When it comes to legality, starting is open ended with NO end date. Did it start showing up on or around that date? Yes, therefore you wont have a case. Yes, it's all about semantics. As for op, back up your rom, install totally stock and most of your issues will probably go away. Samsung's lawyers would have your case ripped apart and tossed immediately because you are using user designed rom that is NOT certified by Samsung.

Could things be better? Yeah, I have a list of cool things I would like to see. Automatic sleep tracking, better vibration, etc, but that doesn't make it defective out of the box. All core functionality does work as advertised. Henceforth no litigation team would be willing to help since you cannot prove that its not your custom rom that caused your issues.

Sent from my SM-N900T using Tapatalk
Mate, I'm not talking about things that could have been better. My only complaint and anger is around FALSE ADVERTISING regarding available apps. Samsung is LYING about this in its official publications, and these lies triggered some people, including myself, to buy Samsung hardware and pay hard earned money just to find out the next day the apps they were planning to use with it were not actually available. And guess what, these apps are not available even now, 2.5 months after the launch!
As for the "open-ended statement", the quote from this page reads "Currently available Gear 2 apps include: ...". Is there any open-ended interpretation to that statement?
 

BarryH_GEG

Senior Member
Jan 16, 2009
10,197
5,142
Spokane, Washington
People have way too much time on their hands and apparently place little value on it. First, the terms of use you agreed to when you initialized your Gear are probably littered with disclaimers, indemnifications for Samsung, and the waiving of user's rights. Same goes for the Samsung website which I'm sure has a "subject to change" clause in its T&C. Second, this is a $299 watch. If you're unhappy and can't return it you could probably net $199 on eBay. You'll have lost $100 and can be done with Samsung and the Gear for ever. Or you can spend the equivalent of thousands of dollars worth of your time, suffer enormous amounts of aggravation, and pick up $20 after a class action lawsuit settles two years from now. I'm all for principle and standing up to the man but I also pick my battles. This is a fruitless battle.
 

rlee008

Senior Member
Jul 7, 2009
629
136
Miami, FL
People have way too much time on their hands and apparently place little value on it. First, the terms of use you agreed to when you initialized your Gear are probably littered with disclaimers, indemnifications for Samsung, and the waiving of user's rights. Same goes for the Samsung website which I'm sure has a "subject to change" clause in its T&C. Second, this is a $299 watch. If you're unhappy and can't return it you could probably net $199 on eBay. You'll have lost $100 and can be done with Samsung and the Gear for ever. Or you can spend the equivalent of thousands of dollars worth of your time, suffer enormous amounts of aggravation, and pick up $20 after a class action lawsuit settles two years from now. I'm all for principle and standing up to the man but I also pick my battles. This is a fruitless battle.

Amen! my point exactly
 

BarryH_GEG

Senior Member
Jan 16, 2009
10,197
5,142
Spokane, Washington
Mate, I'm not talking about things that could have been better. My only complaint and anger is around FALSE ADVERTISING regarding available apps. Samsung is LYING about this in its official publications, and these lies triggered some people, including myself, to buy Samsung hardware and pay hard earned money just to find out the next day the apps they were planning to use with it were not actually available. And guess what, these apps are not available even now, 2.5 months after the launch!
As for the "open-ended statement", the quote from this page reads "Currently available Gear 2 apps include: ...". Is there any open-ended interpretation to that statement?

If you're serious about this, instead of wasting your energy convincing the 5% of Gear 2 owners on XDA they've been victimized, you should be looking online for attorneys specializing in class action litigation with a focus on consumer electronics.
 

Assimilated1

Member
May 5, 2014
18
2
People have way too much time on their hands and apparently place little value on it. First, the terms of use you agreed to when you initialized your Gear are probably littered with disclaimers, indemnifications for Samsung, and the waiving of user's rights. Same goes for the Samsung website which I'm sure has a "subject to change" clause in its T&C. Second, this is a $299 watch. If you're unhappy and can't return it you could probably net $199 on eBay. You'll have lost $100 and can be done with Samsung and the Gear for ever. Or you can spend the equivalent of thousands of dollars worth of your time, suffer enormous amounts of aggravation, and pick up $20 after a class action lawsuit settles two years from now. I'm all for principle and standing up to the man but I also pick my battles. This is a fruitless battle.

Excellent advice. :good:
 

dakunclear

Senior Member
Jul 26, 2011
1,225
231
Calgary
I get 2 days of battery with brightness set to 5 and motion turned on with 10 seconds screen turn off and it works great with my note 3 running hyperdrive Rom

Sent from my SM-N900T using XDA Free mobile app
 

CLARiiON

Senior Member
Apr 10, 2013
925
617
As far as I can see, this page appears on a Web site that officially belongs to Samsung. It clearly states, that the apps listed there have been available TODAY, which was on Mar 30th. In fact, many of them (Runtastic, Fleksy etc.) are not available even today, 2.5 months later. What is it if not false advertising?

Sent from my GT-I9505 using Tapatalk

The page also clearly states:

** The services listed above may not be available in all regions and features may vary by region, and service provider may change the name and/or value of its application at any time. Restrictions may also apply.
 
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sniickers

Senior Member
Oct 31, 2013
142
36
Macon
Samsung Galaxy Tab S
So I went back to stock, rooted. I have tested just about every app and can say it was definitely the custom ROM I was using (Jedi ROM) that was the cause for my issues. Every app I could find installed and worked correctly. The auto answer stuff stopped also. I am back to enjoying my quality Samsung products again. Plus I was able to get the newest ne6 software. Now I will try the Colonelx kernel. If that works I will be good to go. Thanks for the input of those who spoke with understanding. I'll report back if any issues with the kernel.
 
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I'd say I told you so, but absolutely no need, as you now get to feel how well this device actually does work. Over time I expect more improvements. Rooted my watch already ONLY to remove camera sounds, otherwise no real reason. Still loving mine. Be careful with exercise apps that constantly run and keep bluetooth alive and active, as it will suck your battery dry quickly.

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brazcub

Senior Member
Oct 1, 2008
130
54
Winthrop, WA
Yeah OP, get a life, really!

I'm very happy with my Gear 2 and Galaxy S 5. No issues, love the feature, had it since launch day.

I work as a landscaper and my Gear 2 is always covered in dirt and mud, every single day, but I wash it daily and it's held up pretty well.

Now will root and the ability to mute the stupid camera sounds, it's even better.

I couldn't be happier with this purchase.

Sent from my SM-G900V using XDA Premium 4 mobile app
 
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  • 2
    I would add to this claims for false advertisement about available apps. Example: Runtastic, mentioned in all the press releases as launch partner, still doesn't have a Gear 2 compatible app.
    Also, cleverly planted hints for non-Samsung device support, which pushed many people with unsupported devices to buy the watch. Does anyone really think now this will ever happen?
    2
    People have way too much time on their hands and apparently place little value on it. First, the terms of use you agreed to when you initialized your Gear are probably littered with disclaimers, indemnifications for Samsung, and the waiving of user's rights. Same goes for the Samsung website which I'm sure has a "subject to change" clause in its T&C. Second, this is a $299 watch. If you're unhappy and can't return it you could probably net $199 on eBay. You'll have lost $100 and can be done with Samsung and the Gear for ever. Or you can spend the equivalent of thousands of dollars worth of your time, suffer enormous amounts of aggravation, and pick up $20 after a class action lawsuit settles two years from now. I'm all for principle and standing up to the man but I also pick my battles. This is a fruitless battle.
    2
    I'm perfectly happy with my watch, and thanks to these forums I knew exactly what I was getting before I bought it .
    If I didn't like it, I would take it back.
    I know these watches don't do half of what they will do in a year or two, but in the meantime at least I have a toy to play with. And thanks to XDA, it's a fun pastime for a nerd like me. And for $150 for the Neo, I really can't complain.

    Sent from my SGH-I317 using Tapatalk
    2
    Without even commenting on your issues, here's what you can expect. The LG G2x had major problems related to its battery circuitry which were proven by a third-party engineer. It affected almost all the phones T-Mobile sold. I had one, I know. Legal action was threatened starting in early 2011 and a class action suit was filed mid year. The case settled in December 2013. Everyone got $19 but I'm sure the lawyers got amply compensated.






    So carry on Norma Rae. Keep in mind Samsung's lawyers are probably tougher and more plentiful than LG's. And in the G2x's case there were real demonstrated issues.
    2
    Snickers, what phone are u using and is it stock os? Most of the folks who are NOT using custom roms are working exactly as designed. Mine has worked flawless on my Note 3 rooted stock. No real mods to the phone. If you are not stock and you are not on compatible phone, no lawyer would even consider your case. Using outside of design parameters is instant dismissal from any court in a case like this. Now for the other person wanting to hit Samsung because of aftermarket software companies NOT delivering, you have to take action against them, unless any of those companies are wholly-owned by Samsung themselves. Either case, you would be hard pressed to find a litigation team willing to attempt this.

    Sent from my SM-N900T using Tapatalk