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Question Class Action Lawsuit against OnePlus launched

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craznazn

Senior Member
Nov 12, 2009
593
301
OnePlus 8T
Google Pixel 6 Pro
First, There is no lawsuits launched, some law firm is trying to gather information to see if there is even a case.

There are so many people here arguing the wrong things. It doesn't matter if OnePlus didn't tell you anything in relation to a lawsuit. The technical aspects pretty much doesn't matter.

This is how the law works in the USA (most states) and this lawfirm is a US firm, so we'll assume generic US law (IANAL, this is not legal advice, lawyers please correct me):

In most states, in order to bring a fraud case forward (this is what this lawsuit will be, basically saying that the company misrepresented or implied facts), the claimant needs the following to establish standing. What is standing?

1. Injury in fact: you suffered some kind of loss (physical, economic, etc), that
2. Causation: the defendants (OnePlus in this case) caused, and
3. Redressable: the specific losses suffered can be redressed in some way, usually with $$$.

Let's dive into each one:

1. You, and the class, need to PROVE an INJURY IN FACT. This does not mean you think you got a slower processor than advertised, or the performance of the device did not match expectations. This is specific things like (just for example) Chrome loaded a page so slowly that you lost a client and contract worth $5000. Things like that where you need to prove the induced fraud caused a real loss. Feelings don't count, and hypothetical events don't count. This is pretty much gonna be $0 for everyone, this case is pretty much DOA.
2. The class need to prove that the damages suffered by class members were directly caused by OnePlus. This isn't hard to do, the device is maufactured, marketed, and sold by OnePlus in the US.
3. Redressablility: The class need to show that some way exists to make the class members whole. This is literally a toggle they are implementing in A12, barring any other possible damages in 1

If this case gets filed, I don't see it surviving the first motion to dismiss before anything even happens. It's not worth the filing fees unless someone shows up with some actual, real $$$$$ losses due to thermal throttle (and PROVE it).
 
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goodburner

Senior Member
Dec 6, 2012
100
24
Regardless of whatever you think, there are definitely people who
And your using smartphone for all of this stuff ? Impressive ;)
I'm not saying that they did it correctly, throttling is not an issue but the fact that they didn't inform customers about it was a mistake.
Anyway Spap 888 didn't give us only performance, there is also video and photo processing, modems and other advantages of having it, so don't tell me that they could use for example Snap 865 in OP9 Pro.
888 is a bigger failure than 865
 

jerryhou85

Forum Moderator
Staff member
Hello,
Some of you may notice I edited some posts above, because I believe users can find better words to express their opinions than previous ones. So I give you guys a puzzle to solve: discuss hot topics without killing each other. :)

Please do remember our rules and be civil to each other during the journey to solve the puzzle. :p

And a reminder, if you did not solve the puzzle and continue speaking disrespectfully, then I will start killing everyone on this thread. :cool:

Jerry
Forum Moderator
 

awsan

Senior Member
Apr 22, 2015
54
35
And your using smartphone for all of this stuff ? Impressive ;)
I'm not saying that they did it correctly, throttling is not an issue but the fact that they didn't inform customers about it was a mistake.
Anyway Spap 888 didn't give us only performance, there is also video and photo processing, modems and other advantages of having it, so don't tell me that they could use for example Snap 865 in OP9 Pro.
All his replies keeping going through the same logic, "If I paid for the whole speedometer I'm gonna use the whole speedometer"

Yes what they did is wrong (Not mentioning it is the main issue) but its very understandable and something you learn with time is no one likes to make a bad product on purpose its just limitations that force you to dial it down + consumers over expecting and over hyping a product.
 

shmallow

Senior Member
Jan 21, 2012
105
22
Didn't One Plus state they're going to be adding a toggle on the android 12 update though? Litigation can take years, by the time this gets to court the update may have already been rolled out. Seems like a waste of resources to me.
 
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blackhawk

Senior Member
Jun 23, 2020
6,497
2,132
Didn't One Plus state they're going to be adding a toggle on the android 12 update though? Litigation can take years, by the time this gets to court the update may have already been rolled out. Seems like a waste of resources to me.
If enough customers file a FTC complaint it will result in a large fine which will discourage this bs in the future.
Yeah... consequences.
 

fdgfgd

Member
Nov 22, 2017
35
73
All his replies keeping going through the same logic, "If I paid for the whole speedometer I'm gonna use the whole speedometer"

Yes what they did is wrong (Not mentioning it is the main issue) but its very understandable and something you learn with time is no one likes to make a bad product on purpose its just limitations that force you to dial it down + consumers over expecting and over hyping a product.
And your posts have no logic whatsoever, all your posts are the typical fanboyish kind that the company wants the best for customers and the customers are at fault for hyping the product, lmao.

Have you even rooted the phone, tried to run it without throttling? Probably not.
Honestly you should go to reddit instead, your technical competence is probably nil.
 

Burt Squirtz

Senior Member
Feb 11, 2018
587
255
How is the amount of apps installed on your phone relevant here? It's not going to affect CPU thread management or clocks, we're not talking about storage speed here lol.

Limiting CPU on apps that wont make use of it? Are you serious, haha, you do know how sophisticated browsers are and that you can run complex software in them that can and will use up all the CPU power a machine has. You can run games in the browser, run multi threaded background tasks in Web Workers, build complex Javascript applications in it that can do any kind of graphical or not calculations. It's not the 90's anymore bro, the browser isn't a simple program to view HTML files anymore. Chrome is basically an OS at this point hence why ChromeOS exists. And it's clearly evident that you nor OnePlus realizes that.

If you work in the laptop industry then you should know that not a single manufacturer is doing blacklist/whitelist based CPU limiting and the CPU is only throttled when you run into thermal limits or you THE USER choose to use a power saving which usually slightly throttles GPU/CPU.

The 888 chip was designed so that the X1 Prime core is used for short lived intensive tasks when for example opening a new website and the Javascript needs to be parsed and executed, but OnePlus decided that they don't like it and disable or throttle it heavily going against Qualcomm's design.

Why even put the 888 in the phone if you're going to throttle it so it wouldn't be ever used in it's full potential, just for marketing and then hope clueless people like you eat it up?
This is exactly right. Couldn't have said it better myself. For all you disagreeing with this guy, please stop hitting the pipe.
 

blackhawk

Senior Member
Jun 23, 2020
6,497
2,132
5hrnmh.jpg
 

phr0zen

Senior Member
May 24, 2009
480
95
OnePlus 7 Pro
everybody talk about slow app performance, there are many videos but why no video shows the slowness?
Not a video tech wizard, but I believe this has something to do with the phone display, the device using to record it, how it's uploaded, and the device used to view it. If not all in sync/calibrated the same, you won't see the difference. Like if someone records a video of their phone refreshing at 120hz, if viewed on a lower refresh device, you'll think it looks the same as your device.
 

tekzer0

Member
Jan 17, 2020
11
2
Samsung Galaxy S21 Ultra
More details about lawsuit here - http://www.bursor.com/legal-action-against-one-plus/

If you purchased a OnePlus 9 or OnePlus 9 Pro smartphone at any point, we would like to hear from you about your experiences.

On July 6th, AnandTech reported that the OnePlus 9 and OnePlus 9 Pro smartphones were throttling popular apps, resulting in “inexplicable” slowdown. AnandTech further reported that “OnePlus is blacklisting popular applications away from its fastest cores [in the Snapdragon 888 processor], causing slow down in typical workloads such as web browsing.” AnandTech found that this throttling causes “most of the top popular [user] apps [to] get notably reduced performance” in the OnePlus 9 and OnePlus 9 Pro smartphones.
It's the same with my S21 Ultra 256 gig Verizon. Everything's slower than my OnePlus 7 Pro and constantly using eight out of 12 gigs of RAM even when it's freshly restarted.. I think we should just protest American phones entirely because I've tested the global variant that's supposed to be slower than the Snapdragon 888 and it blows mine away... It's bad enough the Verizon franchise employee learned me with the 512 version said it was ordered got me signed up for other lines on my business account and then suddenly the 512 version isn't available and I have to pay $50 fees just to return all the merchandise they talked me into and lied about..meh. ended up keeping it cuz it would have cost more to return everything and go somewhere else despite Walmart Verizon not cooperating with the Verizon franchise I was at and would not come off of their 512 model... I just hate America because you can get Huawei phones which were only banned because they would have put Samsung profits in the toilet because they always offer equal or better hardware for a quarter of the price or less. Screw Samsung and screw one plus after the OnePlus 2 maybe
 
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blackhawk

Senior Member
Jun 23, 2020
6,497
2,132
It's the same with my S21 Ultra 256 gig Verizon. Everything's slower than my OnePlus 7 Pro and constantly using eight out of 12 gigs of RAM even when it's freshly restarted.. I think we should just protest American phones entirely because I've tested the global variant that's supposed to be slower than the Snapdragon 888 and it blows mine away... It's bad enough the Verizon franchise employee learned me with the 512 version said it was ordered got me signed up for other lines on my business account and then suddenly the 512 version isn't available and I have to pay $50 fees just to return all the merchandise they talked me into and lied about..meh. ended up keeping it cuz it would have cost more to return everything and go somewhere else despite Walmart Verizon not cooperating with the Verizon franchise I was at and would not come off of their 512 model... I just hate America because you can get Huawei phones which were only banned because they would have put Samsung profits in the toilet because they always offer equal or better hardware for a quarter of the price or less. Screw Samsung and screw one plus after the OnePlus 2 maybe
8 out of 12gb is a bit high but these Androids make use of the extra ram, plus Q and 11 are running scope storage.

My 10+ running on Pie uses 5.2 of the 12gb right out of the gate. However I also have quit a few packages disable and Google play Services isn't running so it could well be closer to 8gb if they weren't disabled.
 
More details about lawsuit here - http://www.bursor.com/legal-action-against-one-plus/

If you purchased a OnePlus 9 or OnePlus 9 Pro smartphone at any point, we would like to hear from you about your experiences.

On July 6th, AnandTech reported that the OnePlus 9 and OnePlus 9 Pro smartphones were throttling popular apps, resulting in “inexplicable” slowdown. AnandTech further reported that “OnePlus is blacklisting popular applications away from its fastest cores [in the Snapdragon 888 processor], causing slow down in typical workloads such as web browsing.” AnandTech found that this throttling causes “most of the top popular [user] apps [to] get notably reduced performance” in the OnePlus 9 and OnePlus 9 Pro smartphones.
I can't understand the logic of a company doing this. What is the advantage they are gaining by all of these alleged slowdowns? Apple did it with the goal of upselling, inducing you to buy a new phone.
 
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cognitivedissonance

Senior Member
Jan 11, 2012
622
194
Save for a few comments (like the one I'm replying to,) this entire thread is a garden of logical fallacies (on both sides.) Yikes.

First, There is no lawsuits launched, some law firm is trying to gather information to see if there is even a case.

There are so many people here arguing the wrong things. It doesn't matter if OnePlus didn't tell you anything in relation to a lawsuit. The technical aspects pretty much doesn't matter.

This is how the law works in the USA (most states) and this lawfirm is a US firm, so we'll assume generic US law (IANAL, this is not legal advice, lawyers please correct me):

In most states, in order to bring a fraud case forward (this is what this lawsuit will be, basically saying that the company misrepresented or implied facts), the claimant needs the following to establish standing. What is standing?

1. Injury in fact: you suffered some kind of loss (physical, economic, etc), that
2. Causation: the defendants (OnePlus in this case) caused, and
3. Redressable: the specific losses suffered can be redressed in some way, usually with $$$.

Let's dive into each one:

1. You, and the class, need to PROVE an INJURY IN FACT. This does not mean you think you got a slower processor than advertised, or the performance of the device did not match expectations. This is specific things like (just for example) Chrome loaded a page so slowly that you lost a client and contract worth $5000. Things like that where you need to prove the induced fraud caused a real loss. Feelings don't count, and hypothetical events don't count. This is pretty much gonna be $0 for everyone, this case is pretty much DOA.
2. The class need to prove that the damages suffered by class members were directly caused by OnePlus. This isn't hard to do, the device is maufactured, marketed, and sold by OnePlus in the US.
3. Redressablility: The class need to show that some way exists to make the class members whole. This is literally a toggle they are implementing in A12, barring any other possible damages in 1

If this case gets filed, I don't see it surviving the first motion to dismiss before anything even happens. It's not worth the filing fees unless someone shows up with some actual, real $$$$$ losses due to thermal throttle (and PROVE it).

I'm no lawyer either, but it seems to me there must be something more to it than what you've described. I say that because the Nexus 6P litigation was successful. The situation there was that the batteries were dying prematurely. I'm fairly certain that if you were affected by that issue, and you did NOT take some form of a payoff from Google before the suit was finished, you would've received compensation, regardless of whether you had a verifiable, and quantitatively measurable loss from the battery drops. I will admit that I did receive compensation ahead of time from Google, so I wasn't part of the class, but I did follow it somewhat, and that's my recollection.

The point is, I would encourage anyone who has legitimately experienced this issue to contact this firm and provide them details. I don't like lawyers more than anyone else, but we as consumers can do very little by ourselves to hold large companies like this accountable for the devices we use. When these rare situations present themselves, it's worth at least seeing what's there if for no other reason than to put these companies on notice that we demand (and will legally insist on) better.
 

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  • 19
    This must be the biggest tech joke ever.

    So users didn't know the phone was throttling as there were no issues in the apps it was throttled in and now after discovering it, its a problem??

    This is the "If I paid for the whole speedometer I'm gonna use the whole speedometer" mentality that made humans lose a few years of advancement
    Wolkswagen cheating on emission tests wasn't an issue either, people didn't notice it was polluting way more than they said it was, so when they got caught they got fined hard but by your logic if people won't notice it's fine?

    Apple was too caught throttling but most people didn't notice so it's also fine?

    MOD EDIT: please re-phrase your comments and be civil.
    11
    This must be the biggest tech joke ever.

    So users didn't know the phone was throttling as there were no issues in the apps it was throttled in and now after discovering it, its a problem??

    This is the "If I paid for the whole speedometer I'm gonna use the whole speedometer" mentality that made humans lose a few years of advancement
    10
    Hello,
    Some of you may notice I edited some posts above, because I believe users can find better words to express their opinions than previous ones. So I give you guys a puzzle to solve: discuss hot topics without killing each other. :)

    Please do remember our rules and be civil to each other during the journey to solve the puzzle. :p

    And a reminder, if you did not solve the puzzle and continue speaking disrespectfully, then I will start killing everyone on this thread. :cool:

    Jerry
    Forum Moderator
    9
    This is the most ironic answer I have ever seen, Like holly shhhh it my dude

    Did you read what you wrote for a second.

    I would recommend taking a little more Iodine as the lack of Iodine responsible for the lack of logic.


    I have had the 7pro(7 months),7t(3 months),8(1 month),8pro(6 months) and the 9pro(almost 4 months)

    I have a minimum of 70+ apps installed at all time, I have never faced any slowdowns or lag on the phone.

    You want me to sue them for limiting the performance of the CPU on apps that wont take use of it? why not OC the CPU to run the calculator?

    When ever the app needs performance its there when ever it doesn't need it, its not there.

    That is basic logic, I work within the laptops industry, I have good understanding of how PowerLimits, TDPs and wattages should be monitored on a mobile device this happens all the time, a customer wants to whole wattage and performance and the engineer knows its impossible to keep the device cool enough to preform reasonably.

    its whole rabbit hole that I cant even convey properly, you getting angry because they did this proves you dont understand the logic behind it.

    Go do your thing and cry for something stupid that will divert their focus from something important to deal with this.
    How is the amount of apps installed on your phone relevant here? It's not going to affect CPU thread management or clocks, we're not talking about storage speed here lol.

    Limiting CPU on apps that wont make use of it? Are you serious, haha, you do know how sophisticated browsers are and that you can run complex software in them that can and will use up all the CPU power a machine has. You can run games in the browser, run multi threaded background tasks in Web Workers, build complex Javascript applications in it that can do any kind of graphical or not calculations. It's not the 90's anymore bro, the browser isn't a simple program to view HTML files anymore. Chrome is basically an OS at this point hence why ChromeOS exists. And it's clearly evident that you nor OnePlus realizes that.

    If you work in the laptop industry then you should know that not a single manufacturer is doing blacklist/whitelist based CPU limiting and the CPU is only throttled when you run into thermal limits or you THE USER choose to use a power saving which usually slightly throttles GPU/CPU.

    The 888 chip was designed so that the X1 Prime core is used for short lived intensive tasks when for example opening a new website and the Javascript needs to be parsed and executed, but OnePlus decided that they don't like it and disable or throttle it heavily going against Qualcomm's design.

    Why even put the 888 in the phone if you're going to throttle it so it wouldn't be ever used in it's full potential, just for marketing and then hope clueless people like you eat it up?
    6
    Thank them? Are you mentally sane? Samsung has the same chip without this throttling and has better battery life lol. And why would I wait for their slow ass developers to create the toggle when I have been running without TPD/OPPerf for weeks now and it's completely fine? This phone gets hot even with that throttling enabled. This phone has deficient thermal design and battery life and all this software does is try to somewhat hide it lmao.
    I switched from Samsung S21+ to OP9 pro and i see no difference in battery life, both phones have thermal issues because it's more Snap888 thing.
    So all actions made to get better battery life without causing any slowdowns are welcome.