Sprint Class Action Legal Action
 

I have started talks with a legal firm about the possibility of starting a Class Action case. I feel that Sprint has taken its time on addressing the issues around the PPC 6800 with Bluetooth and Memory leaks. For those that are not aware the Bluetooth on the Sprint Phones is a stripped down version that is found on most to all other carriers. Sprints main reason for this is to stop people from transferring Music files or files downloaded from the Sprint Store. So this post is to start getting feedback and a place to post a link when I have one for people that want to join in on the case.

If this is not a post that should be on this site sorry to the admin in advance.

11/5/2007 4:11 PM

Let me clear the air just a little here for those that need to have a more detailed and informed view of this situation.
1) Yes, Microsoft makes and supplies the full ROM image to UTStarcom.
2)UTStarcom then makes the changes to the ROM as HTC and Sprint (or any other carrier) has instructed them to do. In the case of the current Sprints ROM image, all ability to transfer files from one Bluetooth device to another has been removed. In short 1/3 of the Bluetooth stack has either been removed and/or disabled. If you check the Original WM6 ROM Image, that I have a copy of you would see that there are several files and settings are missing. But when you check the ROM images of a few of the other carriers the files are still there and working on the same HTC model of phone.

3) Before a ROM image is to be released it must pass from UTStarcom to HTC for testing and then on to Sprint before it is to be posted or made available to the public.

So with all of that Said, Yes a Law Firm has been contacted. The Firm is located in Oklahoma City, OK. This thread was not to as someone put it “sad attempt to get people riled up”. Also I did not buy my phone from HTC, It came from Sprint. Thus Sprint is my vendor or company that I take the issue up with. If they choose to take the matter up with HTC that is there issue. Also there is no court in the land that will uphold a contract that will not allow its customer to file a “good faith” suit agents Sprint.

The Bluetooth is stripped down from Sprint, The above information was gathered from several contacts at Sprint Corp, HTC Tear 3 Support, Microsoft Mobile Engineering group and Sprint Device Testing and Development group.

I have spent the last two weeks on this matter, and yes I can change and go to another carrier. The problem that I have with this is as follows.

1) Sprint Advertized these phone with Sprint TV, and until just a short while ago that was not the case and only from sites like this can you get the file. I don’t see Sprint sending me an update or the files on a disk.
2) Bluetooth head sets are the major bitch here. This phone is now BT v2.0 and Still all the Bluetooth headsets that Sprint sells in its stores will not work on any current Mogul Phone for a prolong period of time. If you have one that is working 100% Good for you.
3) The product is not living up to what Sprint said it would do, via there advertisements or documentation.
4)I have had my phone now for Three months and would hope that any company would not let its customer dangle in the wind with these issues for 6 or 7 months before getting them a fix.

And for those that do not know this, I support over 1200 of HTC’s devices and this is the only one that has the above mentioned problems.

So first everyone complains to Sprint because they decided to hold off on the Mogul until October to fix issues they knew were in it. Everyone complains so much that they release it early to appease the masses and fix the issues along the way. Most are relatively happy with it, but there are still issues with it so they release 2 ROM updates in a short period to try and fix it. They realize the 2nd ROM has issues and rather than leave it out there they take it down. They are currently working on another release to fix the issues.

How exactly is Sprint not catering to the requests of their users here? A class action lawsuit might be the right way to go somewhere down the road, but its definitely not needed yet.

You know you also have other ROM options outside of Sprint if you need to fix these issues now. There are custom ROMs out now with WM5. As you should know with all your research, WM5 handles memory differently than WM6. In addition, users have reported that bluetooth works well too. You could flash to the 1.4 or 1.32 radio with the 2.16 ROM which others have reported to fix many of the problems.

You could also have Sprint give you a different phone. They will offer you a 700wx, a 755p or maybe even a Vogue/Touch if that style works for you. There are so many avenues for you to follow rather than just go suing people.

/agree
 

/agree, lets give them time to work out the issues since there was such a great clamor and gnashing of teeth to get it released.

Why?

Sprint is swapping phones for people who ask - there are numerous examples on several sites over the last few days.

Kinda hard to sue them to do what they're already doing (albeit on a case by case basis, and you have to ask).

The point here is that using 'custom' roms, as many of us do, is that they are not legitimate options for people who expect sprint to honor warranty issues. Sprint frowns on using roms that are not licensed. (You will note you get an OEM licensce with the purchase of the phone.)

Selling a phone that lists one of it's features - Bluetooth wireless headset. And it functions poorly because of a software issue lies solely on Sprints door. Given that the phone lists for about ~$500.00 this is bad. (Anyone remember Apple giving $100 back and reducing the price of the iPhone b/c people were not satisfied with it?) As another has said, Sprint has taken the software issue as it's own responsibility.

BTW. I had a 700wx and it's bluetooth would also disconnect (almost the same as this phone does) at least 3 times a day.

I don't think a class action lawsuit is the answer, but I believe Sprint should spend more time on fixing the 2.16 ROM right now as a band-aid to a fully tested (2-3 month test period) ROM to appease it's customers whom, more often than most, have to Hard-Reset thier phones everytime a ROM comes out.

-Sonny

WTF?!

THAT's the problem you're having with bluetooth? You think they CRIPPLED IT???
HAHAHAHAHAHAHahahahahahaha
good luck with your law suit, man.

I'd tell you "don't let the door hit you on the way out", but, well, I'm not THAT mean. And I'd feel bad if you sink money into hiring lawyers only to be hit with a sudden realization that you don't have anyone backing you up.

Let me explain: BT transfers are one of the few things that WORK FINE on this phone! I've actually dropped some mp3's to/from my PC using bluetooth, and the sprint store has DRM protection on their music anyway, so your logic is totally flawed.
The bluetooth problem everyone has been addressing here has to do with the poor audio quality during a phone call, in other words using a wireless headset was almost impossible. As far as I know, NO ONE HAS COMPLAINED ABOUT CRIPPLED BT STACKS. Unlike certain other CDMA carriers...

Now, as far as the "memory leak", its been discussed so many times I think I might vomit. It's a "feature" of WM6... it may eat up memory and hold on to it for too long before releasing it, but this is due to a memory cache that actually speeds up performance of the device. Its not sprint's "fault", and many here have come to realize that it isn't even anyone's fault at all. There is a way to adjust some of the cache size by editing the binary in the rom before flashing it, however the result is a much more sluggish device.

In other words, that "leak" needs to be there for better performance!


Now, that's not to say there's no reason for a class legal action case... I just think you've got the wrong reasons.
There are some folks on BuzzAboutWirless and HowardForums who have been discussing a more suitable case:
Misrepresentation/False Advertising.

Basically, many people bought the device because it was advertised as GPS capable and EVDO Rev A capable, only to find that neither of these are supported.
They have promised that Rev A will be released in a future update, but 2 updates later we still don't have anything to show for it. Many are still banking on the empty promise of "one day soon".

GPS was later pulled from the devices description, implying that for at least THAT one, there is no planned support.

Class Action Case? My $0.02
 

I too do not believe a class action suit is the way to go either. like a previous poster mentioned. Sprint is replacing phones if you ask with legitimate reasons. If the Mogul is an absolute must have for you, then I would suggest waiting until the next ROM release before jumping off the bridge. HTC/Sprint realizes there is a problem and has admitted to such, if you want a well put together ROM then give them until "early 2008", when it should be released (so I heard).

It's far better to wait a few months for a working ROM than them rushing into another one that jacks up more than it corrects!

Flashing back to ROM 2.09 has been the best solution for me and the BT isn't that bad. Besides, who buys Music from the Music Store? I mean really!

Just my $0.02

Class Action?
 

The bottom line here is as a consumer we have the right to patronize any manufacture that we so desire, and if along the way we get poor service or a bad product, we reserve the right to continue or discontinue our patronage of these companies that market products to us. I dont think that Sprint stands on a unique platform here as the demand for better and more innovative celluar products reaches a point of no return, as you can see all of the major carriers have various issues related to ROMs and the like. So I make that point to say this, it's like the local grocer that gets request for products from his customers, and never delivers. I dont think this is the case with Sprint. Some measures have been taken to fix many of these issues, but a class action lawsuit over a product that we all independantly and voluntarily purchased is over the top. We have the freedom to change carriers as we so desire.

I agree with you I went back to 2.09 and only have few important programs running 26-28mb free ram and no problem here

and I know when they release the official new ROM its gonna fix all this problem so its better to wait. I would never switch my Mogul with Vogue or Treo

If there are major flaws with a product that a company comes out with then they should contact the buyers (and they know who all the owners are) and recall the product or fix it immediately and not make the buyers wait 3-4 months. If it was just a couple of one offs then it's not a major flaw but this is for all mogul with these issues. If a car maunufacturer knew of a problem with their car they send out a notice to the owners to bring it in for repairs. I know this as I have received several notice to fix my alternator which I still have not brought in yet but that my choice. At least they contacted me. I know the analogy between a car and a mogul is a big difference as one can cause a life if not repaired but it seems that Sprint is well aware of the problem as they are willing to give replacement phone for free if you call an complain. One should not have to do that. Sprint should contact all buyers on their own. I have not receive one a peep, notice, call from Sprint to tell me that there are problems with the mogul. I had to find out by reading these great forums. A class action suit is not just to get the phone itself replaced/fix but to put the company or any company on notice that this type of business model is not acceptable by the public. The publicity itself will help all sprint users.

Can anyone say "Microsoft" why don't you start with them first, they're the ones that deserve the lawsuit for their buggy software time and time again...lol

I called Sprint and like you said they are well aware of this problem and they offering me a different phone but I said why cant you fix the one I have...also told me to take it to sprint repair center(useless). And I don't think HTC is going to do anything regarding this problem just have to wait.

I agree that we all have the right to discontinue our patronage but this is not the point. Sprint should be held liable for this and some how punished by either refunding anyone who purchased one or replace them with another model and refund any difference. This should not be limited to the 30 day BS. And if anyone wants to keep it that their choice. And they should contact all Sprint mogul owners. That is why there should be a class action suit. At least in a class action suit all owners will be contacted and they will then know there are problems and what they can do to alleviate it. Not some BS from Sprints CS about waiting 3-4 months or there's nothing Sprint can do it's after the 30 day warranty, or since you have extended warranty send it in for a replacement and yet ithe problems are with all moguls they don't tell you and you have to paid the $50 co pay. They tried that with me and I complained about the copay and they realized I was right and they sent me a new one. If I didn't complain I would have paid the $50. That is Exactly why Sprint needs to be held accountable regardless if you have the right to walk away. And the only way to force companies to do the right thing is to sue them. Remember, winning the suit itself does not alway mean you lose. If we win the publicity battle then we win in the long run.

When Microsoft wanted to do business in Europe the EEC sued them for unfair business practice. I think Microsoft settled the suit.
Microsoft have been sued by the US govt and have settled.
So sueing Microsoft is not out of question.

install the alltel rom and get over it

bluetooth works fine on there

ad the ability not to use full gps to it as its advertised on the box..

Hey, I also agree that as a consumer we have the right to pursue damages from companies that shame us with shaky ads and the old "bait and switch" tactics, but you speak of punishment. How better to punish a company than not supporting them?

advertised on the box? the only thing on the box is the E-911 gps ability which I imagine works fine...

there's a little thing in your contract that says you waive your right to class action status as well as you're right to sue.

This will go nowhere

Hello?!?!
Doesn't anyone notice he's not talking about the same bluetooth issue as the rest of us?

Look at the OP:

While I agree that it will go nowhere, no judge would ever uphold language like that in a contract. Sprint can put whatever they like in their contracts, but there are certain rights that you just can't overrule in that manner. Nonetheless, you're right that any talk of class action is pretty silly at this point.

What Sprint should do is give those who bought a mogul a free ride out. Discontinue Sprint free of charge and go elsewhere. This in lieu of being able to buy any phone you'd like off ebay or whatever, pop in a sim chip and go. I have absolutely no interest in the Touch so while I don't know if I'd take Sprint up on the offer to bolt right at the moment, it would be nice to have the option available. Per the subject at hand....if I had a nickle for every time I saw "I'm gonna sue", I could retire. Still working tho...

sad attempt to get people riled up - I'm sure this person has not even looked up the number for an attorney let alone called one... to say that bluetooth is stripped down on the mogul is completely false...

Nonsense
 

First, you as the customer have to come to the realization that Sprint is not the manufactorer of these devices. Your beef is with HTC and not Sprint. Sprint is not the one who would develope a fix for these issues. Try contacting HTC before attempting any law suit. Because Sprint has a designated legal team specifically for these types of bogus law suits. Read your book and Warranty information before jumping the gun with Sprint.

eh.. you can sue Sprint. You probably won't have much luck suing HTC

Sprint has waived all technical support from HTC...choosing to handle all issues in house. It is THEIR responsibility.

-Where do I sign-

The fact of the matter is, pretty much all cel phone companies suck. They know that you're not gonna quit them while you're under contract, because unless you're willing to pay them an additional $200 to get out of your contract (talk about adding insult to injury!), they pretty much got you by the short and curlies. I stayed with sprint because of the speed of the internet, certainly not their customer service.

if the class action lawsuit is ONLY to allow people to walk from their contract with no early termination fee, I MIGHT be in support of that. Those contracts often hold people prisoner while delivering crappy customer service. Although, I would argue that sprint has improved in the customer service department in the last year or so. But I think that along with walking from a contract without a fee, you should also have to give up your device.

a lawsuit? are you serious? it would cost you less time and money to just pay your ETF and go with another carrier. this goes for anyone thats sick of Sprint, HTC, your Mogul, whoever, just cancel and move on. i understand you are frustrated and that sux. put out your paypal email and ask for donations on every forum so you can pay the ETF. in the long run you will be happier.

Duh... I was being obnoxious, meaning Sprint is the last person to sue over this phone.