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lindros2:
(For those not interested in reading this, skip to the next post.)
Most folks are not really ready for the following, but it is very effective under the correct circustances.
Large companies, as these posts attest to, sometimes promise, and then do not keep promises.
If P1 did initially advised it was going to have Wi-Fi drivers avail on or about launch time for the 650, then it would (reasonablly) appear that it has breached that promise/contract, then the following, via 'fair comsumer use', 'comsumer use rights', breach of contract, etc., may be used effectively. This process will take some of your time, perhaps 3-8 hours over 2 days (perhaps more if you decide to go to trial), and it will (really) rattle P1:
1: Go to your local civil court and file a small claims court action for some amount. In Calif not to exceed $5,000.00. Your damages must be backed up/reasonable. Eg: cost of a new PDA and supporting Wi-Fi equipment, cost of tele phone calls, postage, etc to P1 trying to resolve the issues, court and service fees, etc.
2. While filling out the small claims suit, fill out a supoena duces tecum, (suponena for records/people), and list any possible paper, computer document/records, internet promotions (sometimes worldwide!), people that you spoke/wrote with at P1, etc., that you feel may be related to the 650, Wi-Fi issues, emails, promises, etc.
In Calif for small claims they (defantant) do not have to respond to a duces tecum, but there are times their attorneys do not know that. Either way it is to your advantage to fill one out.
3. Serve P1 (actually their "agent of service" (a lawyer firm most times)in the state you live) with the suit and subpoena. You can get that info from your State Dept of Corp.
4 Wait for them to contact you... they will, often several days to a week before the trial is set to hear. You can either settle with them then, for some type of damage/s and not go to court, or
5. Go to court. They can not send an attorney to court (in the state of Calif). Large businesses almost 100% of the time will settle out of court. Too costly to send P1 reps, let alone the cost if they are compelled to produce on the subpoena, which could run in the $10,000's, to hundred of thousands. They also hate going to court as it is very costly.
In Calif, if they do not show, it is a 'default' win for you, providing you asked for 'reasonable' damages' and can back up those requested damages to the judge. Which is very simple.
Now, this is not the real goal ($), but if P1 had repeated/numerous small suits like this, it is more cost effective for them to make the darn Wi-Fi drivers/hardware than to be bleeding through 100's or 1000's of small claim suits...
Or maybe the goal is $ on loss of a non-supported/breached contract on product.
I know of a number of people who have received beta software/drivers/hardware, numerous computers, $, etc as settlements (much more than the value of the equipment they were suing for).
No I don't advocate this process. However, in cases where there is clear breach and strong conviction to the issue, and no meaningful response, it speaks louder than telephone calls and emails, and usually receives a much defined response.
This threat of response towards A**T and their TH*-Raid motherboard helped with some more timely and frequent Bios and other driver releases.
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Originally Posted by lindros2
