[dishe]

Thesian, as I posted in my PM to you, some of us are are at Sprint's mercy here. We can't return a device without incurring loses because our 30 days are up and we're stuck in a contract.

Now, I'll agree that many people in here are off-base with their complaints- for example, the memory "issues" which by the way are due to a WM6 performance cache which I've posted about countless times. Some folks don't listen.

I can't say it much more - Its a function of the way WM6 uses the read/write cache to the memory. Sprint can't help, perhaps HTC can, but its really between MS and HTC who chose how the hardware is accessed. The device has very little memory to work with, but we knew what we were buying.

Now, that's not to say there isn't reason for angry consumers at all... there are some legitimate concerns (not memory related):

1) GPS capability - All rumors aside, the device was advertised as having GPS support on Sprint's website and paperwork. Some people rely on using TeleNav in a pinch, and then were told that the device supports no such thing, and the line was promptly taken out of their ads. Now, its possible that it was never supposed to have GPS at all, but it said it in the literature. At the very lease, this is false advertising on the part of Sprint. Not HTC, not MS, not the consumer... we didn't write those ads, but some of us bought into it (I use a bluetooth GPS puck personally). Now those folks are stuck with a device that doesn't do what it was advertised to do.
However, those folks could have returned it within their 30 days, so I have little sympathy for that complaint. I consider this the weakest of the problems.

1) EVDO REV A - Sprint claimed that this device would have Rev A by now. Some of us bought it thinking that is true (how silly, believing an ad). This is not law-suit material, but still false advertising, which should not be taken lightly. Many of us waited past our 30 day trial and can no longer return it without serious losses. Sprint should offer something to us (price break, out of contract, or at least admit they made a mistake).

2) Bluetooth. This is the biggest one. I've owned many many WM PPC's, and had no reason to beleive that this device would work any differently than other HTC phones. I had no idea BT didn't work properly when I bought it. When I called to complain about it, I was told that it is now a known issue and a fix will be released. I was very happy to hear that- it means that Sprint cares and is trying to do something about it!
So, I didn't switch back to my GSM phone, and stuck with Sprint (porting in my number to make it final).
Well guess what? It still doesn't work properly, and while it may not be Sprint's fault, they sold me the phone, with an empty promise that it would be fixed. Now, what are some of us supposed to do? We can't return it - the 30 days are long over, and what are we supposed to switch to?
Personally, I can't go back to my perfectly working GSM PPC phone because now I'm locked into Sprint. So, without a comparable device to switch to, Sprint sort of has us trapped and at their mercy.
Its not such a longshot to say that losses were incurred by this. So, a lawsuit is not unreasonable.

I wouldn't bother because I'm involved in the dev community and I've found workarounds for many of the problems to make it at least useable. Lawsuits are messy.

But I do beleive that there is reason. I think that many of the posters in that thread have the wrong reasons... But make no mistake- someone COULD do it and have a case.