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  1.    #1  
    Went to local Sprint store with 6 month old Treo I purchased there and explained to the asst manager that when I bought my T300, Sprints website listed "send and receive text messages and emails anywhere on the Sprint Nationwide network," as a capablity. Had a printed copy of the website claim, by the way, as Sprint has of course changed it, since people here started complaining and getting service credits to buy Treo300sms. Allowed him to try and "go to" for sms messages, etc. Also complained I couldn't access SPCS site. Only "My planner" link showed up, click, and nothing. Explained I would not be calling Sprint customer service (Ha Ha), explaining it would be easier to just sue them for false advertising. He seemed to understand that one, didn't question it. I was nice, not rude, but simply stated that they sold me a product that could not perform the functions it was advertised being able to, that a service credit for Treo300sms was not acceptable as no warranty/support from Sprint for the program if I took that deal. I explained that they had three options, show me how to send and receive TEXT messages, (not SMS), replace the phone with a phone with T300's capabilities (T600 or Hitachi G1000), or be sued, and that if I had to take the time to sue them, it would not be just for the cost of the phone, but for punitive damages for false advertising also, and that the FTC and FCC also would probably be interest in the phone not being capable as advertised, then Sprint changing they're website and covering it up as if they had never advertised it that way. Keep in mind I was never rude or mean, just firm and insistent. After two days they offered me the $150.00 rebate if I straight bought a T600, I thanked him for his offer, time and work, but let him know that while I appreciated that he was "stuck in the middle" that the $150 offer was an insult, as others were getting that just for renewing contracts. I again emphasized the earlier options, three days later they accepted my T300 back for $399.00 warranty turn in, gave me the rest in rebate, and only charged me $125 plus tax. And get this, "thanked me for being understanding and patient, and recognized it was totally their problem." Can't hurt to try...........
  2. #2  
    Way to go!!!
    Me = Nokia 5170/Palm III > Kyocera 6035 > Treo 600 > Treo 650 > Treo 700p > Treo 755p > Treo Pro > Palm Pre

    Wife = Treo 600 > Treo 650 > Treo 755p > Palm Centro > Palm Pixi
  3. #3  
    True, but they could have called his bluff forcing him to spend a lot more money on a lawyer.
    David
  4.    #4  
    In my local jurisdiction you can sue in small claims court for up to $7000 without needing a lawyer. But that would not be the point, the point is Sprint clearly violated false advertising laws, tort law,
    and most likely the fitness of merchantabilty law, and when presented with the clear evidence not only would a court see it, my Sprint store saw it and decided to "make it go away."
  5. #5  
    wow............
    If God brought you to it He'll bring you thru it!
  6. #6  
    Can you please post some proof regarding thier original advertisments please? I need some ammunition to try this my self but I cannot just print out what you said. Please e-mail me to help.
  7. mbaker911's Avatar
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    #7  
    Ever think maybe the Sprint guy was just sick of you and gave you a deal to persuade you to go away? While I applaud you on your negotiating skills, I am tired of hearing the word "sue!" Anyone can file a lawsuit for anything, regardless if the case had merit or not. Threatening to sue someone is a bit like saying, do this or else something bad might happen to you. Just my opinion.
  8.    #8  
    Originally posted by backwerd
    Can you please post some proof regarding thier original advertisments please? I need some ammunition to try this my self but I cannot just print out what you said. Please e-mail me to help.
    At work. Will scan and post asap after going home, 7am EST.
    If TC will accept a file of the necessary size, if not I'll figure out some way to get it to you. My email limit is 1MB, most of the time I've scanned things of this nature it ends up 5MB. Anyway, I'll get it to you. Onstjohn
  9.    #9  
    backwerd: Here it is

    mbaker991:

    "One hundred thousand years ago, a caveman was out hunting on the frozen wastes when he slipped and fell into a crevasse. In 1988, he was discovered by some scientists and thawed out. He then went to law school and became.. Unfrozen Caveman Lawyer.

    Jingle: "He used to be a caveman,
    but now he's a lawyer.
    Unfrozen Caveman Lawyer!"

    "I'm just a caveman. I fell on some ice and later got thawed out by some of your scientists. Your world frightens and confuses me! Sometimes the honking horns of your traffic make me want to get out of my BMW.. and run off into the hills, or wherever.. Sometimes when I get a message on my fax machine, I wonder: "Did little demons get inside and type it?" I don't know! My primitive mind can't grasp these concepts. But there is one thing I do know...
    Attached Images Attached Images
  10. #10  
    Ive tried this over the last couple of days with only slight success


    the store has offered me 250 dollars rebate
    i denied it and told them that im going to take them to court if they cant give me a better offer they said they would have someone in there legal department contact me

    whatever the hell that means.

    Im thinking class action sounds alot better?

    what do you think
  11.    #11  
    I considered class action as this route would most likely case Sprint more of a headache, but then "I'm just a caveman. I fell on some ice and later got thawed out by some of your scientists....

    But seriously, I thought about it. You'd probably all get about $30.00 dollars each in a class action suit. Depending on where you live and your jurisdictions small claims court rules, I would think YOU would get the best deal keeping your claim individual,
    while Sprint may get hurt worse in class action, that doesn't help YOU.

    I would talk to the legal Dept. Read them the product claim from the attachment I posted. Talk about false advertising, mention considering filing a complaint with the FTC and FCC. Be patient,
    be kind, mannerly. I think they will see the light.
  12. #12  
    Originally posted by onstjohn
    Sprint clearly violated false advertising laws
    Palm did too for awhile and needed to add "with 3rd party software (or something like that)" to their advertising. With a palm you can check your email (connectivity sold separate), and work on office documents (with additional software like docs to go).

    Since upgrading to a 600, have you noticed anything you can sue for your next upgrade?
    David
  13. #13  
    Originally posted by backwerd
    Ive tried this over the last couple of days with only slight success


    the store has offered me 250 dollars rebate
    i denied it and told them that im going to take them to court if they cant give me a better offer they said they would have someone in there legal department contact me

    whatever the hell that means.

    Im thinking class action sounds alot better?

    what do you think
    I'll take the $350 deal..........
    If God brought you to it He'll bring you thru it!

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