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Esato Forum Index > Sony Ericsson / Sony > Symbian phones > P990 Firmware , is sony deserve a class action lawsuit? Bookmark topic

I just spoke with my lawer. here is the way to do this one:

1) this morning, I will call consumer support of SE, with the lawer in the room listing. As usual, they will tell me to go to hell, and I should have buy a "good" cellphone. (they forget that in USA , they are still responsable for supoorting there product, even if the product come from HK. Here , they will be breaking the law, on the front of a lawyer)
Then, I ll get an appointement with a "small claims court" Judge, and redo the call, with the bill on the table. This time, they will be breaking the law on the front of a Judge. (Yes, this is cool, you can do that in USA)
From then, the judge will ask me to take the appropriate steps to get the phone fix: Get it fix by a service center in UK! (@#$%#%$!)
Of course, my lawer will "count" the dollars I will be spending on it. After this, the class action will be filled, and we will be asking for 1% of their sales units. This should be enough to cover all the people that will contact me.
So, who even wants to join the class action, here is the way I ll do it:
email me at p990_classaction at yahoo dot com
You don t have to be in USA, we can be representing you, my lawer is preparing a "power" that will give him the right to represent all the people who had problem with the P990.
Please explain your issues in your email, and give your coordinates.

Of course, SE has an easy solution, they open the firware update to ALL P990 and we are happy (and my lawer is screwed!
but i pay him for this kind of accident.

It is time wake up and stop accepting "disfunctional devices at release time", a so expensive device should be working, WAKE UP!

FrancoisP
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Posted: 2007-02-12 18:14:35
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Quote:... they are still responsable for supoorting there product
... Get it fix by a service center in UK! (@#$%#%$!)Two questions:
Is internet or local walk-in support acceptable?
Are there not US Sony Ericsson Service Centres?
Don't get me wrong, we're on the same side. I'm just trying to assess potential defences.

EDIT: Correcting typo.
_________________
better to have it and not need it than to need it and not have it

[ This Message was edited by: koolezt on 2007-02-13 14:32 ]
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Posted: 2007-02-13 06:30:09
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@francoisp

Hi Ive had major problems with un unbranded M600i (so called smartphone) i want to be in as well cause im f**ked of with SE even after all the fimware upgraded, so im with you on this one just tell me what i have to do from here, Tenerife
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Posted: 2007-02-13 15:11:34
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To your question with the service centers in the US. There really is none you can walk in. You have to call SE and get a RMA number to send it there. There is one in the Carolinas, but it is a contractor. Solectron. They are slow and incompetent as I had to ship my P900 to them in the beginning after a botched fw upgrade. It took 2.5mo to get a new phone, but only after involving the Better Business Bureau. So good customer service is urgently needed here in the US.
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Posted: 2007-02-13 15:21:59
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good customer service is urgently needed EVERYWHERE
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Posted: 2007-02-13 15:24:29
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Quote:
On 2007-02-12 04:27:39, francoisp wrote:
I bought it on eBay, I am in USA, and the has a HK signature.

The point is that Sony did not provide a working phone at launch time, and does not allow easy upgrade.

FrancoisP


Erm, have SE released the P990 in the states? AFAIK there are two flavours (from the SE website, global news Feb 06. I can't find any newer press releases indicating release in the states):

P990i Dual mode UMTS (2100MHz) - GPRS 900/1800/1900 for Europe, Asia Pacific, Middle East, Africa

P990c Dual mode UMTS (2100MHz) - GPRS 900/1800/1900 for Mainland China. (Launch for mainland China dependant on availability of 3G services.)

Also buying from ebay doesn't guarantee you got a launch date phone as I doubt ebay would be recognised as an official distributor. I suppose it's possible that you picked up a prototype. Why didn't you get it from an SE approved American store? Does this come back to the original question of is it officially released in the States?

Therefore, this may be the reason for lack of US support...

Quote:
On 2007-02-13 15:24:29, nokevin wrote:
good customer service is urgently needed EVERYWHERE


Hehe, good point.
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Posted: 2007-02-13 15:52:38
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Regarding whether a P990 is a prototype, there is a label under the battery with codes for type and week of manufacture. I beleive a prototype has a clearly recognizable type code. The phone was released during Aug - Sep 2006: AFAIK in Europe, (most of?) Asia and parts of Africa.

For example, my retail unit, new Nov 2006 in the UK, shows Type FAD - 302 2011 - BV ... 06W37. I make that week 37 or mid-Sep 2006.

On the legal side:
SE's obligation to the owner of a model not released in US, but bought second-hand from other than an authorized dealer may well be limited, perhaps to zero. Perhaps any suit needs to be made where the P990 is released. Or maybe the support / fixes available in those countries is adequate.

Legal views would be welcome. Is there a lawyer in the house?
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Posted: 2007-02-14 06:56:56
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my lawer say that the phone is "wearing" the logos of USA certification, meaning SE ericsson agreed to comply with the USA retail rules.

They may not agree, but any judge will agree with this statement.
I guess, SE did not bring this phone to US because they were aware of this.

In the mean time, since SE has a presence in the country, they have a duty to honnor those logos.

on the top of this, it is actually possible represent in USA court people that actually do not resid in USA, if their claims are fair and the legal entity of the company faulting is in USA ground. outch ... I hope i did repeat correctly what i was told today.
SE will be notified by mail of the small claim court appointement, they will have to send a lawer, and this by itself will cost them more than fixing my phone ... ridiculous!

I ll update you , i ll meet the SE lawer in los gatos ... I hope he will show up, otherwise, they will be judge by default, without opportunity to defend themselve.

Since SE refused to fix the phone, I am getting it fix in UK and I ll present the billl at the small claim court.

I love the USA way to deal with this, easy, simple ...

FrancoisP
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Posted: 2007-02-14 07:23:06
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Hi all
I am not a lawyer even though i have many friends that are and a reasonable understanding of the law if not in all territories. The time for legal action and not fit for purpose type actions has long gone I'm afraid IMO it simply is too late. If this was to of been done it would of have to of been done within the first month or so and definitely before the last couple of firmware upgrades as whilst these devices may still not be perfect it would be very hard now IMO to argue not fit for purpose and user error could also be thrown into the equitation. May be this is why SE remained silent knowing that many of their loyal fans would hold on for the now infamous firmware upgrades and fixes. Whilst congratulations and credit has to be given to CellPhonesoft for there excellent apps that seriously improved the functionality of these devices they have unwittingly got SE out of a lot of trouble. As i can only imagine how many more seriously disgruntled users there would of been without these apps .

Whether SE has learned it's lesson is yet to be seen only with the release of the next UIQ3 or now announced UIQ3.1 devices will this become clear IMO. But these devices IMO will need to be far more than just minor upgrades otherwise everyone that bought the earlier problematic devices is going to feel well and truly shafted especially as there current devices are now worth so little. This next generation of devices will also need to have been thoroughly Beta tested and much more thorough than does it switch on or i really think people will not tolerate the same again and will return them immediately as not fit for purpose no one wants to spend £400+ for a non functioning device and have to await 6 months odd for fixes to come.
I still can not believe anyone at SE saw fit to release these devices in the state they shipped it really is beyond my comprehension but if it does happen again IMO it really will spell the end for SE smart phones and means they will have to stick to their Walkman and Cybershot money spinners along with their growing budget models as maybe all they care about now is market share and profit.

Marc
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Posted: 2007-02-14 07:31:31
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Quote:
On 2007-02-12 16:44:18, Discord wrote:
Loyal SE fans are fine. People genuinely happy with their handset defending SE's fine. Fanboys aren't. This board's community is generally cool so as long as fanboyism is kept to a minimum, things probably won't go outta hand. I agree that SE's probably learned a lesson from this fiasco as well and I look forward to their new offerings. This time though, I'll pass on being an early adopter. Where I'm from, there's no 14-day-full-refund scheme.


What the F are "fanboys" are they like "g**boys? I keep seeing references to them but they make no sence, Those that call themselves "Fanboys"all seem to be rather silly adolecents happy Valentines day!!!!
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Posted: 2007-02-14 07:41:09
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