07-10-10 10:47 AM
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  1. stuaw11's Avatar
    1) Thats not even comprehensible, try sentences with period or some type of punctuation.

    2) The lawsuit is premature as EVERYONE who bought one can currently still return it for a 100% refund.

    This case should be dismissed until a later time as the issue is not "ripe" (not matured into a real controversy yet). And simply keeping the phone to file again later is failure to mitigate their damages (reduce their damages by returning the phone but instead keeping it just to sue) and can be used as a defense. Without a restocking fee there is no excuse not to return the device now. Before, maybe because then theyd suffer a restocking fee, but Apple already agreed to waive it for everyone.
    Last edited by stuaw11; 07-02-10 at 09:37 PM.
    07-02-10 09:35 PM
  2. scorpiodsu's Avatar
    Lets keep in mind that these are probably the same people that slept on the side walk in front of an Apple/At&t store waiting for this silly phone...

    ** ONCE AGAIN I WANT TO MAKE IT CLEAR I AM NOT AN APPLE FANBOY **
    Yup. People who are overly dramatic, frantic and impatient.
    Do people have a right to be upset? Yes. But what else are they entitled to besides getting their money back? Nothing. No one told them to camp out 12 hours for the phone and no one is forcing them to keep it. It's not life or and death and didn't cause pain and suffering. Of course a dramatic person would claim they suffered or something. But it's getting ridiculous.

    Today I saw the thing where VZW lost the ETF class action case. Took over 2 years to settle and everyone got $87.50. And in my opinion the ETF thingis far more important because it's actually costing people. This case is just plain dumb.
    07-02-10 10:32 PM
  3. scorpiodsu's Avatar
    1) Thats not even comprehensible, try sentences with period or some type of punctuation.

    2) The lawsuit is premature as EVERYONE who bought one can currently still return it for a 100% refund.

    This case should be dismissed until a later time as the issue is not "ripe" (not matured into a real controversy yet). And simply keeping the phone to file again later is failure to mitigate their damages (reduce their damages by returning the phone but instead keeping it just to sue) and can be used as a defense. Without a restocking fee there is no excuse not to return the device now. Before, maybe because then theyd suffer a restocking fee, but Apple already agreed to waive it for everyone.
    Exactly. Since they waived the restocking fee, everyone is made whole by returning the phone. Now holding on to the phone beyond the 30 days just so you can sue is idiotic and not even worth the time.
    07-02-10 10:34 PM
  4. JoJoCal19's Avatar
    i still don't understand what the lawsuit is for. You don't like the device and feel it doesn't work as advertised or is deceitful, return it. Not only can you still return it but apple has extended the return time and now removed the restocking fee so its a full refund. The only thing they would be entitled to is the cost of the phone which they are able to get back without the hassle of court fees.
    It doesn't affect me personally but like I asked, have you read the lawsuit?

    One of the things companies get their wrists slapped for all the time is false advertisement, false claims, heck companies get sued all the time for releasing "defective" products (of course the definition of defective can be subjective and interpreted different by consumers, lawyers and judges).

    And yes one of the issues of contention was the fact that Apple had the gall to charge people a restock fee to return their device that had issues. There were people on MacRumors that did have extreme cases of all signal failing and data dropping when that spot is so much as touched by a finger tip. That to me is a more extreme example and a defective device. They returned the phone and were charged a restocking fee.

    I guarantee you Apple changed their policy in direct response to that part of the lawsuit.

    *Disclaimer* I personally think it was too early for the lawsuit to be filed. I also feel it's sad that it took that much to get a (half-assed) statement from Apple.
    07-03-10 08:28 AM
  5. chuckh0308's Avatar
    actually the restocking fee isn't active for the iphone 4 return right now so its a win win situation.

    Apple nixes 10% restocking fee on iPhone 4 returns Boy Genius Report
    Sorry, I missed that somehow. Guess I should learn to read...lol. So yes, there is officially no excuse for not returning the phone if not happy.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-03-10 10:01 AM
  6. bbboy1's Avatar
    they better fix the death grip
    its really annoying
    07-06-10 02:49 AM
  7. Tlynnsmith's Avatar
    I'm on the fence too. Of course, the lawsuit is dumb. But so is the "just get a bumper for it" response.

    There's no way in **** a high-end phone should REQUIRE a bumper, at an additional cost, to work like it's supposed to. That's the first and last of it. We're not talking about stringing some cans together.

    I really, really like this phone. However, I do miss my notifications and email with my 9700. I can't even lie about it.

    So, I'm glad I have 30 days to go back and forth in my head. But I can't seem to shake my feeling that Apple ain't handling this thing correctly, and I don't want to give the company the impression that they can do this kind of thing, and get away with it...because they're "Apple". By keeping the phone, I'm sending the wrong message.
    07-07-10 10:35 PM
  8. Nodnerb's Avatar
    Jobs came through guys.

    Last edited by bamalamwoahblackberry; 07-11-10 at 12:49 PM.
    07-08-10 08:44 AM
  9. tedzone's Avatar
    Yup. People who are overly dramatic, frantic and impatient.
    Do people have a right to be upset? Yes. But what else are they entitled to besides getting their money back? Nothing. No one told them to camp out 12 hours for the phone and no one is forcing them to keep it. It's not life or and death and didn't cause pain and suffering. Of course a dramatic person would claim they suffered or something. But it's getting ridiculous.

    Today I saw the thing where VZW lost the ETF class action case. Took over 2 years to settle and everyone got $87.50. And in my opinion the ETF thingis far more important because it's actually costing people. This case is just plain dumb.
    Anyone who camps out to get a phone (or anything else) is in severe need of a real life. This should be an indication of what kinda freak-show-Bobs are involved here. Everyone knows I'm no apple fanboy but holy crap-- this is ridiculous.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-10-10 07:00 AM
  10. tedzone's Avatar
    they better fix the death grip
    its really annoying
    How are they gonna fix it? From what's being said-- It's physical. No amount of software updates is gonna fix it.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-10-10 07:04 AM
  11. deeddawg's Avatar
    they better fix the death grip
    its really annoying
    Don't hold your breath. Its related to the fundamental design of the phone. Your choices really are to put it in a case of some sort, live with it, or return it and wait for the next version.
    07-10-10 10:47 AM
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