[EchoTango]

Hi All :

I've heard rumours that some folks in the U.S. are planning to launch a Class Action Lawsuit regarding the no reception/antenna failure known issue with the Passport. I'd certainly like to join this group if it really does exist and I'm sure there others who are similarly inclined.

Does anyone have any further information ?

Thanks !

[conite]

Is this Sep 2014?

[EchoTango]

Is this Sep 2014?

Nope, I understand it's a new one.

[conbrio29]

I've never had any such problems with my Passport.

Posted via CB10

[MarkyZ10]

Is this Sep 2014?

Nope, but the phones were sold new up to a couple of months ago. They should be responsible. I don't know of any phone that just stops working. Even ones that are a decade old.

Posted via CB10

[bb10adopter111]

Nope, but the phones were sold new up to a couple of months ago. They should be responsible. I don't know of any phone that just stops working. Even ones that are a decade old.

Posted via CB10

If your phone stops working during the warranty period, you have recourse through the warranty. After that, I don't think you have a legal leg to stand on, unless you prove that BlackBerry actually sabotaged your phone somehow.

Posted with my trusty Z10

[Niallac]

...unless you prove that BlackBerry actually sabotaged your phone somehow.

Posted with my trusty Z10

I think that is probably the likely premise of such a suit? It wouldn't be necessary to prove sabotage, which is an intentional act, just that they rolled out an update which broke a working device. The problem might be when quantifying your loss, i.e. what price a 3-year-old, used cellphone? If faced with the choice of spending a million or two patching, or more repairing, or C) batten down the hatches and get ready to pay out $100 or so on a case-by-case basis, they might choose C). After all, the reputation of the cellphone brand is no longer their concern.


Posted via CB10

[bb10adopter111]

I think that is probably the likely premise of such a suit? It wouldn't be necessary to prove sabotage, which is an intentional act, just that they rolled out an update which broke a working device. The problem might be when quantifying your loss, i.e. what price a 3-year-old, used cellphone? If faced with the choice of spending a million or two patching, or more repairing, or C) batten down the hatches and get ready to pay out $100 or so on a case-by-case basis, they might choose C). After all, the reputation of the cellphone brand is no longer their concern.


Posted via CB10

But how could you prove the update was to blame when most PPs updated without an issue? A bug would affect all PPs equally.

Posted with my trusty Z10

[Niallac]

But how could you prove the update was to blame when most PPs updated without an issue? A bug would affect all PPs equally.

Posted with my trusty Z10

Not sure how the burden of proof works in your jurisdiction, but in civil cases based on Roman law, it's normally 'balance of probability' i.e. not necessary to prove beyond all reasonable doubt. This is what class-action lawyers are for!

Posted via CB10

[bb10adopter111]

Not sure how the standard of proof works in your jurisdiction, but in civil cases based on Roman law, it's normally 'balance of probability' i.e. not necessary to prove beyond all reasonable doubt. This is what class-action lawyers are for!

Posted via CB10

It's the same in the US, but I think it would be a really hard sell, and I don't think it would be easy to find lawyers to take the case on a contingency basis. If they don't think they'll win or get a settlement, they'll want money up front.

Posted with my trusty Z10

[conite]

Not sure how the burden of proof works in your jurisdiction, but in civil cases based on Roman law, it's normally 'balance of probability' i.e. not necessary to prove beyond all reasonable doubt. This is what class-action lawyers are for!

Posted via CB10

Only a handful of people are affected by this. I don't think the reason has actually been determined either.

[Niallac]

Do you have the precedence principal? I.e. here, if I sustain a loss of £3000 or less, I can go to court on my own, for a minimal cost (say £50, to keep the jokers at bay) and pursue the loss myself, in front of a judge. If the entity I am pursuing is a corporate body, they too, must find an individual (i.e. employee) to represent them in the same hearing. If I am successful, my case can then be used to settle all further analogous cases, without separate hearings.

Posted via CB10

[pgg101]

First I've heard of this. Unfortunately my Passport is working fine.

[Niallac]

First I've heard of this. Unfortunately my Passport is working fine.

LOL

Posted via CB10

[bb10adopter111]

Do you have the precedence principal? I.e. here, if I sustain a loss of £3000 or less, I can go to court on my own, for a minimal cost (say £50, to keep the jokers at bay) and pursue the loss myself, in front of a judge. If the entity I am pursuing is a corporate body, they too, must find an individual (i.e. employee) to represent them in the same hearing. If I am successful, my case can then be used to settle all further analogous cases, without separate hearings.

Posted via CB10

No, there's definitely nothing like that in the US. You could sue in small claims court, but precedent there wouldn't likely impact any other case because you'd be claiming a small contract violation just between you and BlackBerry. Getting class action status is a whole different route and wouldn't involve small claims court. In addition, BlackBerry could still hire lawyers and send any number of witnesses to give evidence, even in a small claim.

Also, if you lose a case, you'll likely have to pay the defendant's legal fees

Posted with my trusty Z10

[gmr1987]

Wow some people are bored. I can't imagine. I figure a year of warranty is lots, after that it's a bonus! If you're suing for this then what won't you sue for???

Behold, my thumbs have spoken.

[EchoTango]

Some folks on here are wonder how you join the club ?

Well, you won't know it until someone out of the blue will say "I tried to call you but you're phone keeps going directly to voicemail" and then you'll start keeping an eye on your signal strength which will slowly start declining or erratically moving up and down until over time you have no connection at all. The network name will disappear and in its place will be "emergency calls only"

I suspect the number of failures like this is growing which is why I wasn't surprised when I heard the lawsuit rumour.

[Leonard Howell]

Happy to sell you my fully unlocked passport in mint condition, with no 📶 issues. :-)

[Bla1ze]

Lol @ Class Action.

[anon(9742832)]

Hi All :

I've heard rumours that some folks in the U.S. are planning to launch a Class Action Lawsuit regarding the no reception/antenna failure known issue with the Passport. I'd certainly like to join this group if it really does exist and I'm sure there others who are similarly inclined.

Does anyone have any further information ?

Thanks !

Good luck with that, even if it happened you might get 10 bucks or less.

[anon(10189247)]

I don't know of any phone that just stops working.

Posted via CB10

You obviously haven't heard about iPhones.

BB11 coming soon

[Elephant_Canyon]

Good luck with that, even if it happened you might get 10 bucks or less.

Yup. The only things a win would do are hurt Blackberry and make some lawyers slightly more wealthy.

[john_v]

Yup. The only things a win would do are hurt Blackberry and make some lawyers slightly more wealthy.

Exactly. Y'all would be lucky to get $10.

[anon(9742832)]

You obviously haven't heard about iPhones.

BB11 coming soon

It's tin foil hat time again here at Crackberry........LOL

Woof!

[Mirko935]

Guys, you should really consider finding some hobbies.