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  1. wwarren2's Avatar
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       #1  
    We have been told for months that all webOS devices would be getting flash, updates, etc. As i recall, I even saw a of a video of an Adobe Rep giving a demonstration of flash on a pre minus probably 6 months ago. And now no more OTA updates for the guinea pig devices...

    I dont know all the steps or procedures, but I'd say we have a case.

    Any Lawyers in the community with a Pre-?
  2. bignoze's Avatar
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    #2  
    i would agree......
  3. #3  
    Certainly for AT&T users who purchased their phones as recently as last summer with the promise of webOS 2.0.
    Developer of Ultimate Hockey, netSpeed, BatteryMonitor, The Ghastly Headset,
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  4. #4  
    You could really do more by boycotting hp's products. I still think both of these options are extreme.
  5. wwarren2's Avatar
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       #5  
    As a Sprint customer with the original pre, i couldn't be more ****ed. This is along the same lines as to what Apple did with the original Iphone. The only difference is that Apple never promised anything to the original Iphone owners unlike palm/hp
  6. #6  
    Quote Originally Posted by yaggermr View Post
    You could really do more by boycotting hp's products. I still think both of these options are extreme.
    A boycott doesn't provide any hope of monetary compensation for harm caused by HP's and Palm's actions. If it will make you feel better, boycott away. But that's all you'll get out of it.
    Powered by Palm since 1996...
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  7. #7  
    For years large companies have done this to consumers. The electronic industry is notorious for this practiced. We as consumers are still surprised when companies make these decisions. Get this into your heads, they do not have rear view mirrors, and they base their decisions on how they can increase their bottom lines. They care nothing for the consumers that have purchased their products. They only care about making their investors happy. I for one don't own any stock in HP, and if I did, it wouldn't be enough for them to care what I thought.
    Just_Jay
  8. #8  
    really?? Class Action Lawsuit??? Take a look here at some REAL Class Action Lawsuits and see if this fits into that mold....taken from News Headlines

    10. Nortel Networks
    Status: Settled 2006
    Amount: $2.4 billion

    Two separate class-actions covered investors who held Nortel stock from Oct. 24, 2000 through Feb. 15, 2001, and from April 24, 2003 through April 27, 2004. The lawsuits were filed under federal securities laws for fraud.

    Nortel was a leading supplier of fiber-optic equipment to emerging Internet companies. After the Internet bust caused the company’s sales to vanish, the company started creating false accounting entries showing steady equipment sales. When the fraud was uncovered, Nortel’s stock eventually fell to $0.47 from a high of $124.

    9. AOL Time Warner
    Status: Settled 2005
    Amount: $2.5 billion


    Investors in AOL Time Warner stock sued the company for fraud under federal securities law. The company was alleged to have improperly accounted for dozens of advertising transactions between 1998 and 2002.

    The alleged transactions created the appearance that they were generating revenue when, in reality, were just shifting money back and forth. The alleged false earnings statements inflated the company’s value by $1.7 billion.

    8. Cendant
    Status: Settled 2000
    Amount: $3.1 billion


    A lawsuit representing all investors who held stock in Cendant from May 31, 1995 through Aug. 28, 1991, was filed against the company for securities fraud. In 1998, Cendant disclosed that for the prior 10 years the company had been fraudulently overstating its income by up to $500 million. Executives created false profit statements which caused an increase in the value of the company’s stock.

    When the false profits were discovered, the value of the company collapsed. In addition to being sentenced to jail, former Vice Chairman Kirk Shelton was ordered to reimburse Cendant $3.27 billion at a monthly rate of $2,000.

    7. Tyco International
    Status: Settled 2007
    Amount: $3.2 billion


    A series of class-action lawsuits were filed against Tyco International Ltd., former officers and directors of Tyco, and PricewaterhouseCoopers, alleging that these individuals and entities made false and misleading public statements and omitted material information about Tyco's finances in violation of Sections 10(b), 14, 20A and 20(a) of the Securities Exchange Act of 1934.

    6. Breast Implant Litigation
    Status: Settled 1994
    Amount: $3.4 billion


    After years of litigation claiming women suffered autoimmune disease from their silicone breast implants, the major breast implant manufacturers (Corning, Baxter, Bristol-Meyers Squibb/MEC, 3M) settled class action litigation for $3.4 billion. At the time, it was the largest class action lawsuit in history.

    5. Exxon Mobil
    Status: Judgment 2001
    Amount: $5 billion, later reduced to $500 million


    This class action lawsuit related to the Exxon Valdez oil spill affecting thousands of people and more than 1,300 miles of coastline.

    A federal judge ordered ExxonMobil to pay punitive damages and interest to thousands of commercial fishermen, cannery workers, land owners, Alaska natives and others who were harmed by the spill.

    4. World Com
    Status: Settled 2005
    Amount: $6.2 billion


    This class-action lawsuit represented investors who held World Com stock from April 29, 1999 through June 25, 2002. Lawsuits were initiated against World Com, and individual employees Bernard Ebbers (CEO), Scott Sullivan (CFO) David Myers (Controller) and Buford Yates (Accounting Director) for fraud.

    The main charges of fraud stemmed from improperly classifying expenses as “capital costs” and inflating revenue statements with false entries. The Securities and Exchange Commission (SEC) later stated that the earnings and assets had been falsely stated by over $11 billion.

    3. Enron
    Status: Settled 2006
    Amount: $7.2 billion


    Investors in Enron corporate stock filed lawsuits under both federal and state securities laws against Enron Corporation, individual Enron officers and directors, Enron’s accountant Arthur Anderson, individual Arthur Anderson partners and employees, and Enron’s former law firm Vinson & Elkins.

    The lawsuit’s primary contention was that Enron engaged in fraud by concealing from investors losses by Enron-controlled special purpose entities (the Raptors). Because Enron’s primary corporate losses were attributed to these entities, those losses were not disclosed in annual reports or SEC filings.

    In total, the $7.2 billion in settlements reached by Enron to compensate shareholders whose stock became worthless during the company collapse is the largest payout to date in a shareholder securities class action

    2. Dukes vs. Wal-Mart Stores
    Status: Pending (filed 2000)
    Amount: Seeking $11 billion


    A female employee is suing Wal-Mart Stores for sexual discrimination under Title VII of the Civil Rights Act of 1964 claiming that after several years of excellent work evaluations she was denied a promotion. The case was converted to class-action status to represent every female employee from 1998 onwards.

    1. Master Tobacco Settlement
    Status: Settled 1998
    Amount: $206 billion over 25 years


    Each individual state, represented by that state’s Attorney General, filed suit against each of the top six tobacco companies in state court. To settle the individual suits, tobacco companies Brown & Williamson Tobacco Corporation, Lorillard Tobacco Company, Philip Morris Incorporated, R.J. Reynolds Tobacco Company, Commonwealth Tobacco, and Liggett & Myers entered into a joint settlement.

    The individual lawsuits were filed under the different states’ consumer protection and anti-trust laws for the recovery of smoking-related health care costs covered by each state under their Medicare/Medicaid programs, and to enforce laws designed to reduce smoking by those less than 18 years of age.

    The master settlement agreement released the tobacco companies from further litigation in state courts.

    The above are all examples of LEGITIMATE CLASS ACTION SUITS........What we are talking about/suggesting with HP doesn't even come close!

    Also interesting to note in the link, the top banner advertisment was for "American Greed". Interesting.
    Due to the cancellation of the penny, I no longer give 2 about anything. I may however, give a nickel
  9. #9  
    You cant sue someone for this lets move on people..
  10. #10  
    waste of time. you'll get a 5$ check if you win.

    congrats.

    don't spend it all in one place...
    you're better off just switching platforms if you're that upset about it.
  11. #11  
    Flash video was shown in November of 2009 by an adobe representative and he played 3 games on the pre.
  12. #12  
    Quote Originally Posted by sapient2k7 View Post
    Flash video was shown in November of 2009 by an adobe representative and he played 3 games on the pre.
    So what ! Does not mean it works well in real life trust me it does not work well on the original pre it causes the phone to freeze up if you have any other processes going on in the background .

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  13. #13  
    Come on....the idea of suing is ridiculous.
  14. #14  
    Class action lawsuits have been filed over smaller things - however the real truth is that most class action lawsuits only make money for the law firms and give very limited benefits to those affected. My personal rule is to opt out of all class action suits that I am notified of.
  15. #15  
    Quote Originally Posted by doublebullout View Post
    A boycott doesn't provide any hope of monetary compensation for harm caused by HP's and Palm's actions. If it will make you feel better, boycott away. But that's all you'll get out of it.


    No consumer has ever made money off a class action lawsuit. Only lawyers benefit from them. Waste of time.
  16. #16  
    Quote Originally Posted by wwarren2
    We have been told for months that all webOS devices would be getting flash, updates, etc. As i recall, I even saw a of a video of an Adobe Rep giving a demonstration of flash on a pre minus probably 6 months ago. And now no more OTA updates for the guinea pig devices...
    Just use your experience as a lesson: (what used to be called) Palm has a long tradition of over-promising and under-delivering. The failure to include Flash support in their OS is just another one of those under-deliveries. The marketplace has already shown (the company formerly known as) Palm the door.
  17. #17  
    Quote Originally Posted by Kupe View Post
    Just use your experience as a lesson: (what used to be called) Palm has a long tradition of over-promising and under-delivering. The failure to include Flash support in their OS is just another one of those under-deliveries. The marketplace has already shown (the company formerly known as) Palm the door.
    I understand what you're trying to say but a broken promise isn't much of a lesson for the future because how can you know when a company is going to break one?

    It's not just flash support. We were also promised a full editable office suite, which is kinda important to some people.

    I say organize and take this to HP/Palm first and see if they are willing to remedy this. It's important they see how many customers are angry about it.

    If they don't do anything then go for a class action.
  18. #18  
    Quote Originally Posted by JimOhara View Post
    No consumer has ever made money off a class action lawsuit. Only lawyers benefit from them. Waste of time.
    You are simply wrong about this...absolutes are very easy to defeat in argument. There have been plenty of consumers who have received good sums of money in class actions
    Your general premise, that lawfirms (both plaintiffs and defense) make money off of the lawsuits is correct, though generally, the class of people represented cumulatively is entitled to 60ish percent of the recovery and the lawyers get around a third. Individuals don't generally get large amounts, but the net gain to a class is not just monetary, they also are able to stick it to the wrongdoing corporation. Oftentimes, getting a company to pay out a large-ish sum of money is the only way to get a company to stop taking advantage of their paying customers.
  19. #19  
    Quote Originally Posted by deesugar View Post
    I understand what you're trying to say but a broken promise isn't much of a lesson for the future because how can you know when a company is going to break one?

    It's not just flash support. We were also promised a full editable office suite, which is kinda important to some people.

    I say organize and take this to HP/Palm first and see if they are willing to remedy this. It's important they see how many customers are angry about it.

    If they don't do anything then go for a class action.
    I guess you didn't catch the part of my post where I said Palm was always keen to over-promise and under-deliver. That's not just for Flash. It's for common items like wifi, bluetooth, adequate memory, screen resolution...the list goes on.

    I guess I should have been more clear to you by saying: "If Palm's lips were moving when they promised something, they were lying." That's the lesson - don't believe them. Their seeming compulsion to over-exaggerate future capabilities was probably a significant contributor to their rapid fall from the top of the smartphone market.
  20. DDT1345's Avatar
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    #20  
    Quote Originally Posted by wwarren2 View Post
    We have been told for months that all webOS devices would be getting flash, updates, etc. As i recall, I even saw a of a video of an Adobe Rep giving a demonstration of flash on a pre minus probably 6 months ago. And now no more OTA updates for the guinea pig devices...

    I dont know all the steps or procedures, but I'd say we have a case.

    Any Lawyers in the community with a Pre-?
    Anyone who bought a Pre+ or Pixi+ I think has a case. For me, on a Sprint Pre(minus), I don't think I'm part of the "class."

    I personally don't like lawsuits, especially minor things like this, so I wouldn't be part of the "class" even if I could, but I understand people's frustrations and I do not believe this is baseless. There is definitely a case here.

    I work in the electronics business (hardware + firmware) and we have been warned on many occasions to not promise firmware features in the future. THis is becasue you're not allowed to capture t100% of the revenue on your books until the promises are delivered on. The government has a lot of rules about this to protect the customer. If you were promised a feature, the company is required to deliver on it otherwise they should not be able to officially capture all of the revenue for the product.
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