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Old 12-19-2007, 04:12 PM
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bakntyme
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Quote:
Originally Posted by ebmorgan View Post
Actually, you're wrong. When a product is advertised with specific features, then it must provide the features upon sale unless otherwise stated. This is the basic fundemantals of the Consumer Protection Act.

If you buy a new car, wouldn't you expect it to drive? Have windsheild wipers that work? No exhaust leaks? Of course. And if any of those things are happening then they are fixed IMMEDIATELY.

If you buy a an HDTV with a card reader in it, wouldn't you expect the card reader to work?

Sprint has a documented and self-admittedly BROKEN device with many issues. Even the Washington State Attorney Generals Office thinks there is merit to the claim. My filed claim to the WA-AGO started an investigation. The AGO has dispatched an inquiry to Sprint in VA requesting full disclosure of the situation. Unfortuately, Sprint can refuse. They are only required to divulge the info if subpoenaed by a court. But if they offer resistence, I imaging that would only singnify to the AGO that something IS going on, and then they may take it further.
I believe that someone has already responded to one of your previous posts and informed you that the fact that the AGO starts an investigation and sends an initial letter does NOT in any way imply that they believe that your claim has merit. It only means that, since you apparently did not blame your Mogul's problems on the equipment autopsy performed during your most recent alien abduction, you have passed the initial crackpot test, and the AGO's office is seeking additional information in order to determine if, in their opinion, your claim has merit.

The items you list in your car analogy are items that are both safety related and necessary for the car to perform its basic function of transportation. The Mogul performs its basic functions. It would be a better analogy if you considered a car whose FM radio did not pick up any but the most powerful stations; or the car was advertised to go 95 MPH and the best most people can get out of it is 82 MPH; or the heated seats did not get warm enough for your taste.

As to the "room for interpretation"; for example, "GPS capable" can mean many things. It does not necessarily mean full, standalone GPS that is usable with any location mapping software. There have been enough threads debating the meaning of this term to make it very clear that it is open to interpretation, and might be construed to mean no more than that the phone complies with e911 requirements.

Sprint has been honest enough recently to admit that there are issues with the Mogul that are being addressed. They did not admit that it is BROKEN, as you put it, since that implies that it is completely unusable; but at least they admitted that there are issues. That is much more than Sprint or most other carriers have done in the past. If you use that honesty against them, you are only giving them and the other carriers reason to continue to hide the ball about phone issues.