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  1.    #1  
    I had an idea. How about if instead of trying for a class action lawsuit, we take a more simple, grass roots approach. Maybe, with the help of some others on this board, we could do this...

    I could draft a relatively generic small-claims complaint (lawsuit) and anyone who wants to participate could download the document, modify it for their state (if necessary, but probably nothing major,) and file it in their local small claims court. We would all demand the same thing, that Palm pay us either the full cost we paid for our Treo 700p, or the full cost, plus whatever it would cost to get out of any contract that took effect as the result of buying the 700p at a reduced price. So, in my case, it would be something like $250 plus another $200 to get out of the contract that was extended when I bought it. Simple. Not asking for $10,000 in damages. Not asking for $100,000 in lawyers fees. Just pay us what this defective product cost, in full, and that'll be the end of it.

    In some states, like Massachusetts, where I live, this type of a lawsuit would have to be preceded by a Chapter 93A consumer protection demand letter. It would essentially demand Palm pay me $450, or fix the defects, within 30 days or I will file suit. If they are found to be unreasonable and egregious in their actions, I would be entitled to double or treble damages, plus attorney's fees. In my case I wouldn't have any fees, but could be awarded $1,350.

    Once enough of us have done this, others could copy our letters and legal filings and it would be pretty easy to replicate, especially if judges begin to rule on our side. Of course, the idea is not to go to court. It's just to get our money back so we can buy a 755p or go to a different brand without suffering any financial loss.

    What do you think?
  2. #2  
    Nibble them to death. I like it.

    Small Claims cases have no precedential value whatsoever, but the bureaucratic overhead of dealing with a few hundred small cases all over the country will bother the legal staff at Palm.

    Plus their lawyers will probably not keep track of all of them so many of the cases will go against Palm by default--they just don't show up. Imagine sending the Sheriff to Palm HQ with a writ of execution! You could have the Sheriff seize computers, desks, all sorts of stuff.

    Plan B: why bother spending huge hours of your life being P. O.'d about stuff like this? Sell the 700p on eBay and move on. As you think, so you are. You create your life by your thoughts. The solution is not in the problem, it is in the solution. Etc. etc.

    Disclosure: (1) I have a 700wx and a 750 so won't be participating. (2) I wouldn't twist my knickers up in a knot for a few hundred bucks. Life's too short.
  3. #3  
    i like it too
    Treoing & Loving it
  4. KJ78's Avatar
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    #4  
    I wonder if they could prove they are working on a patch and win the suit by showing they are working on the problem well within the 30 day window they just haven't solved it yet due to the nature of the beast.
  5. haroldo's Avatar
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    #5  
    Does anyone know (or could prove) that they aren't working on a patch?
  6. #6  
    Or they could just show the satisfaction polls on this site.
    Everything's Amazing and Nobody's Happy

    Treo600 --> Treo650-->PPC6700-->Treo700P-->Treo755P-->Treo800W --> Touch Pro-->Palm Pre --> EVO 4G
  7. #7  
    Quote Originally Posted by Tastypeppers View Post
    (2) I wouldn't twist my knickers up in a knot for a few hundred bucks. Life's too short.
    I think that Palm is counting on this.
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  8. Munir's Avatar
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    #8  
    this is not really about recouping a few hundred dollars. the point is to send a message to Palm and other companies that they shouldn't leave (loyal) customers in the lurch.
    Palm III > Treo 600 > Treo 650 (Sprint) > Treo 700p (Sprint)
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  9.    #9  
    Quote Originally Posted by Munir View Post
    this is not really about recouping a few hundred dollars. the point is to send a message to Palm and other companies that they shouldn't leave (loyal) customers in the lurch.
    Exactly. This will not require a huge investment in time. To me, it is worth it. I'm very much a believer in keeping corporations honest. If we don't do it, who will?

    As for all the suggestions that Palm will win because they're working on a patch, etc., it doesn't really work like that. At this point here are the facts:

    1) The 700p is defective in that it does not work as advertised and contains bugs that cause serious problems for users. These are not minor bugs but often fundamental to the operation of the device. These bugs are not present in previous generations of the phone.

    2) The "fact" (if you could call it that) that 75% of the people on this forum think it works well enough to be called "satisfied" is also put this way: One in four users find the device unacceptable and not to work as reasonably expected.

    3) The device has been out for almost a year. No matter how you slice it, this is a significant period of time for any piece of technology.

    4) Palm admitted to the problems, in writing, several months prior.

    5) Palm is continuing to release new products, and updates to older products while leaving this problematic device as-is.

    6) Palm tech support will not acknowledge the device's problems despite letters from the contrary from their management.

    7) The carriers' tech support departments will not acknowledge the device's problems despite letters from the contrary from Palm management.

    8) People relied on the marketing literature from Palm when purchasing their 700p.

    9) Other facts I'm forgetting/missing?

    All that said, along with affidavits from all of us, a video demonstration as well as a live demonstration, and I don't see how Palm could not be found guilty of an unfair or deceptive business practice. I think the remedy we'd be asking for is more than reasonable. Again, however, the idea is not to end up in court. I just want an acknowledgement and to be made whole (to get my money and contract price back.) I think we might get somewhere with this, and feel good about it when we're done, as well.
  10. #10  
    Quote Originally Posted by Tastypeppers View Post
    I wouldn't twist my knickers up in a knot for a few hundred bucks. Life's too short.
    Quote Originally Posted by bigboy650 View Post
    I think that Palm is counting on this.
    Which is why Palm gets no more of my money. I'm finished being angry (but not sarcastic) about the resets and spending hours trying to restore corrupted data. It is what it is and based on what it is there's no point in continuing to reward Palm for it.

    I understand that some of us use software that hasn't been updated in eons and may not be truly compatible with the 700p - I still use BlueMoon and Arranger daily, for example (neither of which appear to cause any problems). For whatever reason, BlueMoon is no longer sold and Arranger hasn't been touched in almost 3 years, even before the 650 was released. But if I were a developer, Palm's actions of the last few years would cause me to question their staying power and commitment to POS (that stands for PalmOS, not what some of us call our 700ps ) so it's no surprise that some - e.g., the HandyShopper developer - abandon POS for WM development.

    I guess where I'm going with this is that Palm, based on their recent actions, needs to prove to us they deserve our support of new products, but as Tastypeppers said there's no need shortening our lifespans by getting upset. Just don't give them your money.

    Or something like that.
  11. #11  
    Dude... how is your device defective? I've had my original 700p since day one when they first came in May of 06 and it has been nothin but great! Maybe you should check for human error before you start throwin out lawsuits...
    Need information on Real Estate, Please contact me!!!
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  12. #12  
    Wow, I've never realized there's never been an item purchased that could possibly be defective.
  13. #13  
    Quote Originally Posted by J0V3 View Post
    Dude... how is your device defective? I've had my original 700p since day one when they first came in May of 06 and it has been nothin but great! Maybe you should check for human error before you start throwin out lawsuits...
    So because nothing is wrong with yours, nothing could possibly be wrong with anyone else's? Congrats dude!

    How many 3rd party apps do you have loaded? Do you use Bluetooth? Have you tried taking an incoming call while on an existing call? Have you used it for anything other than an expensive phone?
  14.    #14  
    I'm giving this thread a bump. I think it is a good idea and a better alternative to a class action. I'm on VZW and get the feeling the MR is months away or maybe NEVER! Palm dangled hope in front of our faces for months only to screw us like this. It simply can not be allowed to happen without consequences.

    So I'll ask again, who's with me?
  15. #15  
    Not me.
    Everything's Amazing and Nobody's Happy

    Treo600 --> Treo650-->PPC6700-->Treo700P-->Treo755P-->Treo800W --> Touch Pro-->Palm Pre --> EVO 4G
  16. #16  
    Count me in!! Let's do this! There is no reason for us not to do this. Whoever don't want to do this must be working for Palm.
  17.    #17  
    Thanks, Bujin, but I think the question was, "Who's with me?" Not, "Who's not with me?" If you are happy with your un-updated-with-an-MR 700p, then just be happy. The rest of us are having problems with ours and we find it unacceptable. Why is that so hard to understand for some people?
  18. #18  
    Whenever anyone takes a positive position or creates a positive thread on this board, the complainers always feel the need to post their diatribes, and then defend their actions by stating that "this is a forum for giving opinions, etc". I think it's important to mention that not everyone is on board with this scheme, and until an administrator censors me, I won't let you do so. Thanks!
    Everything's Amazing and Nobody's Happy

    Treo600 --> Treo650-->PPC6700-->Treo700P-->Treo755P-->Treo800W --> Touch Pro-->Palm Pre --> EVO 4G
  19. #19  
    umm i dont think individual civil cases will help anyone. remember you have attorney fees and court costs unless you sue for that too, in which you have to win in order to recoup these or else youre responsible for them. i dont see how throwing out more money from each person's pocket would help any cause
  20.    #20  
    Small claims court fees are like $35 and you don't need a lawyer or have to know anything about the law. I/we would have already written the guts of the complaint and legal arguments.
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