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Features

January 14, 2011

XDA Member Files Class Action Lawsuit against T-Mobile and Samsung

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Written by: Allen Kiehl
Tags: , ,
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MicBeast over at XDA has filed a class action lawsuit again T-Mobile and Samsung regarding the current rumors of Samsung withholding the Android 2.2 (Froyo) update for the Galaxy S line of devices. MicBeast has currently hired Edelson McGuire to represent the case. We are still flabbergasted at the tip we received from an anonymous source claiming to work internally at T-Mobile. As we stated in our previous post, although we cannot validate nor deny the alleged rumor, we felt it was necessary to bring it to the forefront. Check out the excerpt from MicBeast below.

They have continuously lied to us about the hardware, and software reliability of this phone,
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!) over and over,
NOW they plan to release NEW galaxies without updating the old ones they currently have.
The GPS is clearly a hardware defect.
There are just too many issues with this phone and the Customer service reps have been combative even bullying and threatening customers!

a clear violation of US law

We can only hope that this alleged rumor will help Samsung find some time to support their customers better than they have previously and gives the updates the consumers deserve.

What do you think about all these alleged rumors and the lawsuit? Let us know in the comments below.

Via: XDA







About the Author

Allen Kiehl
I'm a technology enthusiast, and I love to spend my time designing and developing websites. I have been into web design for about 5 years now. I started my smart phone venture with the g1, and since then it has grown into a passion. I currently rock a myTouch 4G from T-Mobile. I love to work hard and play hard. Live life to the fullest, as you only have one of them.





 
 

 
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46 Comments


  1. ThaTruth

    LMAO its really not that crucial! He must have spent his every last dime to upgrade and needs to fill that hole in his life.


  2. Everblazingboy

    Personally google is to blame here for allowing the companies to do whatever they want


    • Jim

      I don’t think it’s as cut-and-dry as that, but, I do think that Google’s model of giving Android to these manufacturers is failing.. and at Android’s expense.

      They need a thorough review of the model.


  3. Kenny

    I am glad someone stepped up to this. Hopefully it brings clarification and satisfaction to us all.


  4. DroidzFX

    Good for him!!! Next lets hit gas prices!!


  5. gh0st

    Good for him, however the companies don’t really have to update any phone they don’t feel they need to the companies have no legal obligation to support/update their products. Only thing I could see him suing for is false advertising. And as for blaming Google that isn’t exactly the case. Google made the platform open source for every one to use. They don’t “let” the companies do what they want because quite frankly the companies don’t need Google’s permission.


  6. gh0st

    Also what us law is being clearly violated?


  7. I’m glad that people are at least taking some initiative against these companies. Not sure how well this is gonna work out, but I’ll be here supporting, thats for sure.


  8. Supsandroid

    Awesome I’m so glad someone is finally stepping up to samsung and tmobile


  9. Anonymous

    Hope this xda member does good for all of us frustrated with basically being ripped off! This is not good business but if no one does anything they will just keep doing it!
    Good luck micbeast!


  10. Peter896

    Good, sue samsung. DroidzFX, as far as gas price you can thank this current administration for that. Sue the Obama for gas price for going to high.


  11. I’m so glad I got the MT4G instead of the Vibrant. I knew with how they were with the last round of Samsung’s that there were going to be these problems again. As soon as they release a phone, they are done with it…


  12. Brianv3ntura

    I dont see the point with the froyo update complaints. Ppl say it was promised before 2010 ended, but I have yet to see an official document stating this. This is just like how ppl said the iPhone 4 had gorilla glass due to tech blogs blowing the subject up. Im pretty sure the update is ready ,but seems like tmobile is holding it until the vibrant 4g launch.


  13. proud_Vibrant_user

    good luck with this lawsuit. However it might get the attention of Samsung and T-Mobile so that is a plus. Would help if it was articulated a little better IMHO


  14. Rizo

    I commend you and your actions, and cudos to the law firm actually taking this case by feeling it is legit. However, I have a hard time thinking this will get anywhere. If anything it will get the attention of Samschmuk and T-Schmobile. I too fell like I was taken by empty promises of 2.2 way back in July, August and remember the whole “by the end of September” BS that we were fed by T-Mob reps? Godspeed sir.


  15. ak

    Fully support this, We gotta send a message to samsuck they cant lie, false advertise and mistreat the 4 mil galaxy owner here in US. They should ban them for selling Galaxy S until all the promises is settled.


  16. Jzero88

    Sign me up!! It’s about time someones balls were big enough to take action. For those that think he might be over reacting, thank you for your none support, for you are the ones who are too scared and too weak to do anything at all, except to put down those who you wish you could be. Haha sissies


  17. awesome!!! I hope he wins.. for everyone


  18. lrnano

    I am glad that some got the courge to do something. Amen to bro!


  19. Mickey

    Good, I wouldn’t buy the Samsung mobile phone if Samsung win ..


  20. You should have bought an HTC Desire people. But you didn’t, so just root your phones for heavens sake and stop your whinging.


  21. GinUwinlady

    I support this simply because as americas we get craptastic products and service cuz we keep buying BS! And doing nothing to make these companies step up their game,they are like children ppl, they’ll only do what u expect them to nothing more, next order of business this throttle BS!


  22. All I can say is THANK GOD! Someone needs to get it through Samsung’s thick skull that the people they sold piles of crap to followed by endless broken promises are PI$$ED! The carriers are probably responsible too trying to maximize the disposability of this expensive hardware that could be utilized for YEARS. The fact that the same hardware in other countries has been updated should carry this case a long way. The BS lies about having to wait for the carriers to tweak the phones is just that, bs. The lines about the diversity of the hardware being a problem that Samsung keeps spouting it BS as well, otherwise the ROM chefs out there couldn’t mix the platforms and they do. If people think this is bad just wait, LTE is coming and that means no phone will operate on another carriers network, all because they want to force you to buy new hardware. Its the same dirty stuff AT&T pulled back in the 70′s where you weren’t allowed to plug a 3rd party phone into your home lines!


  23. I can haz large payoff?


  24. M Zapata80

    I told you to buy HTC phones!


  25. Iphone-unlock

    I hope the february 7th event for sprint it’s not a samsung phone because I wouldn’t buy it.


  26. Rockstarrmedia

    We should ALL JUMP ON THIS and file a CLASS ACTION LAWSUIT against T-Mobile AND Samsung not only for lying to us about the update, but also for not UPGRADING OUR PHONES TO ACCEPT 4G!!!


  27. I would like to thank everyone for the support in this case
    I am getting nothing financially for this
    I am doing this for the people
    and I had to do something before this corporate deception
    gets outs of control
    Someone has to raise AWARENESS to the actual problem
    and that is simple
    UNFAIR AND DECEPTIVE BUSINESS PRACTICES

    Thank you for supporting the cause
    I’m glad to see that I don’t stand alone in doing this


  28. Rainbowpedobear666

    first mistake was getting a sumsung phone. but i wish u the best man. htc all the way. samsung is worthless and can die as a company for all i care


  29. android fan

    You know what is better than a class action suit?
    Returning your defective mobile within the return policy dates you were issued. Nothing get the attention of the companies, than a high return rate for crappy products.

    At the rate new mobiles are being released, companies are not going to spend time updating old technology. New duo core processing in on the way. Stop holding on to last years model, and get a new faster mobile.

    If you purchase a new buggy mobile return it. Don’t wait for an update. It should operate correctly when it was purchased. You get a return policy for a reason. Use it or lose it.


  30. John

    You people sound ridiculous… there was never any promises made to upgrade the phone. When you paid for the phone you accepted it for what it came with not for what google (a whole different company) may end up releasing in the future. Samsung is not in business to see 1 product and keep it the newest greatest thing their in it for money as is every company. If you can’t except that then you need to go live in the woods and abandon technology.


    • Thugline

      You obviously don’t know anything about what’s going on if you say that Samsung and T-mo never promised anything. They released statements for months saying when they were going to release 2.2. They didn’t even deliver a functional GPS.


      • Est1692

        No they said they were hoping to get an update released around a certain period of time, No promises there….People always have to find an enemy. You act like yall dont have root…calm down and enjoy TW and Eugene’s hard work, I bet most of the people complaining are the ones that are rooted and running custom ROMs….sheesh


    • TGA_Gunnman

      This phones compass and GPS does not work. And it has a real bad lag issue. Out of the box. There has been promises made by Samsung to fix these issues and they have not delivered.

      That is what people are upset about.


  31. Crapware is eating up their time thats why. ROOT BABY


  32. TGA_Gunnman

    This is my last Samsung phone. The non-standard way they implemented the OS is annoying. The lack of functional updates and the constant push-backs are frustrating. Then having a Vibrant Plus with all the features I wish the Vibrant had to begin with makes me feel ripped off.

    Complaining aside I do love the S-AMOLED Screen and it is the main reason I purchased the phone, but had no Idea that the compass, GPS, phone having a bad lag issue and lack of a standard OS implementation would have plagued me.

    Thanks to devs and the ROM community I have gotten past all that, but from the manufacturer this phone is a lemon.

    P.S. Who still uses RFS (Riser File Systems) in the UNIX/Linux world anymore?!?! Samsung that’s who. Why would anyone want to use slow SD memory for their phones application storage instead of NAND?!?! Samsung that’s who.

    Go Figure!!!


  33. Yeah…everyone is right…samsung is the only bad manufacturer out there…its not like anyone else would screw over their customers by say…hardware locking a phone (htc g2)…or releasing a phone full of promise with great hardware (for its time) and then not supporting it with software updates that were needed to sort out several bugs that made the phone unusable …motorola z8…symbian phone released years ago in the uk that never saw the light of an official update and if it weren’t for ONE dev out there it never would…

    EVERY company is in it for the money and given the chance they will ALL do the same…the point of android us that we have the community to support us when they do….what do the poor iphone users have..(poor..bliach..they deserve it..) When their alarms dont go off and continue to not work???

    The vibrant is a great phone..granted its the community that made it reach its potential…but it is…at nero v5i can’t even imagine what more I could want from this phone (well maybe kellylewis to get that ffc working…but that’s just for fun…its not like I really know anyone I could video call..its not a widely spread feature..and after having it for years in england I can tell you it doesn’t get very popular as is…)

    Calm down….jumping at rumors and getting offended like they are out to get you personally…

    If it is true that they are holding back 2.2 for a theoretical vibrant plus…yeah..it sucks..but wait until we have official announcement…another reason could just be that the samsung devs just suck at programming…they hire some of the guys at xda and everyone is happy..

    I guess this lawsuit is a way to show you dislike their business practise..i just think its a little rushed and over the top for now…but I do wish the xda member best of luck and thank him for standing up for what he believes.. And for us…just everyone calm down with the comments…constructive comments maybe..the aggressive ones…too much…


  34. KosherPork

    This is an absolutely frivilous law suit. Samsung and T-Mobile both NEVER PROMISED that the vibrant would be updated, only that it was “upgradeable” to 2.2. If they had “promised” an update then there would actually be a case, but I gaurantee you that both Samsung and Tmobile’s legal departments would never make any gaurantee of an update for many reasons. This lawsuit is one of the reasons they word eveything they say very carefully. Quite frankly, I am really sick of this froyo update thing all together. I bought the phone knowing full well what OS it was running and what the vibrant was capable of doing with that OS. LOOK PEOPLE…..Lets make a little checklist here: Does your phone make calls? Yes. Does it send and recieve sms/mms messages? Yes. Can you surf the net and check your email? Yes. This is an amazing phone the way it is. Should people be paying attention to the road instead of a gps on a phone? Yes. Its a phone people and I am truely saddened that some peoples would literally commit suicide if they didnt have access to a cell phone. I wonder if MicBeast over at XDA has real life problems to deal with such as: kids, bills, rent/mortgage, work, taxes, and other everyday “real life” problems instead of filling frivilous b.s. law suits? Someone had better get on the horn to NASA, so they can bring these people who are whining about an update back to earth…….and reality!


    • it is not a frivolous law suit if it proves to be true..that samsung (AND t-mobile…please dont assume t-mobile is the good guy here) are withholding an update to raise the price of a so called samsung vibrant plus.

      the problem is…the lawsuit is way too early. It is based on rumours and even if it were true, a lawsuit such as this makes it possible for samsung to counter it easily. I already see specs coming out that the gaaxy s2 (or vibrant plus) will be gingerbread and if they release a froyo update..even if it is a crappy one..they can win the case AND….and this is a big AND, the lawyer who took the case can lose his license for bringing in a frivolous lawsuit..and the judge will decide if he wishes to do this…and turst me…samsung lawyers will ensure this happens as a warning to people who jump to conclusions and try to sue before all the facts are laid out.

      So basically..if it were true..a lawsuit would have been a good idea..but after they have the facts…a premptive strike will just make it easy for Samsung to win and lawyers will be scared to take on any case such as this in the future because of the example the last one was made…


  35. [...] Just my 2 cents on the issue though. I wonder if this had anything to do with the recent bad press T-Mobile and Samsung got last week. Hopefully it lit a fire under them to make thing happen for a [...]


  36. Molly25japan

    You all are complaining about not getting your update hell I’m still waiting for mine. Try running on 1.5. I just can’t feel bad for you.


  37. Dangerismymiddlename Com

    This is NOT a phone. It is a computer, and computer users expect OS upgrades; they have even been known to pay for them in many cases. That’s what is driving this anger. What I don’t understand is: why only one carrier.


  38. Mhofler2009

    Are there any updates on the status of the lawsuit? I am in strong support of Mcbeast’s getting SAMSUNG and T-MOBILE to act ethically with their customers. 



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