| Author |
Message |
customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
 
Thu Dec 01, 2005 3:51 pm |
| elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so... its the manufacturer that is liable for their product... not the carrier?
hmmmm.....
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive... |
There's no point in going through the warranty process just to have one defective product replaced with another defective product. Motorola had to fork over $25 million to settle class actions claims related to defects in the v60 and the v120. Someone needs to do the same for cingular and motorola on the v180.
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so...(again) its motorola that is reponsible for their product...not the carrier?... did you contact the manufacturer? |
If the v180 is known to be defective, then the manufacturer and resellers that fail to reasonably protect against distributing defective products may all be liable. Do you really believe that cingular doesn't know that the v180 is a piece of junk? |
if it is known to be defective why did you purchase it? |
It's just a case of 20/20 hindsight.
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Sat Dec 03, 2005 1:55 pm |
| elmo01 wrote: | | spoken like a true lawyer... when in doubt litigate |
There is no reasonable "doubt" about this matter. The v180s appear defective just as the v60 and v120 appeared defective. cingular is intimately involved with the marketing, sales, and warranty exchange of the v180. Other service providers, like tmobile have dropped the v180 from their warranty exchange programs because it is so widely viewed as being defective. TMobile now reportedly provides the v188 to satisfy v180 warranty exchange obligations. A reasonable person could find that cingular either knew, should have know or intentionally blinded itself to the fact that the v180 is defective. That finding would open cingular to liability, just like motorola.
Now u imply that any litigation would be frivolous. I doubt such a case would have any trouble surviving a motion to dismiss. (Court's dispose of frivolous litigation by granting a defendant's motion to dismiss.)
More importantly, u need to keep in mind that companies that make and sell defective products r the bad actors. Not consumers that get stuck with the junk. This board, like many others, appears very sympathetic to manufacturers and service providers. It also appears downright HOSTILE toward disgruntled customers. It's very odd that so many boards treat consumers so badly while defending and supporting wireless providers and manufacturers. In fact, the responses received by consumers on those so-called "public boards" is so uniformly dismissive, that it must raise suspicions.
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Kvalich
Posts: 36
Phone Model:
Motorola v551
Service Provider:
Cingular |
Wed Dec 21, 2005 7:01 pm |
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oh please you are ridiculus, cingular isn't violating the warenty at all they are offering you replacment phones, its funny that you did so much research on the v180 after your purchase instead of before, you went into the store and bought a cheap phone b/c you didn't want to spend money, that would be like me going and buying a ford pinto and expecting it to run like a mustang. You get what you pay for and you aren't going to get differnt phones your going to get what you purchased which is the v180, you don't even know if the v180's they were going to send are deffective the majority of them are not. Next time crack open the wallet and buy a decent phone.
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Capt. Cingular
Posts: 8
Phone Model:
None |
Wed Dec 21, 2005 9:25 pm |
| elmo01 wrote: | | spoken like a true lawyer... when in doubt litigate |
So what's he supposed to do, get a cruddy phone and cram it?
Whether I buy a Pinto or a Mustang, I expect them to crank up and roll down the road, the only difference is how much style I'll be riding in.
If I buy a lawnmower at Wal-Mart and it doesn't mow, do I call John Deere? No, of course I return it to the place that took the money for the product! They're the ones with my cash! And Wal-Mart is huge because it exchanges things like it should. How big would they be if they told everyone that's what they get for buying a budget phone and to cram it like you're telling this guy?
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 22, 2005 8:52 am |
the phone is warranteed by the manufacturer... not the service provider...cingular and other service providers as a service to the customer do the leg work so they are not out of a phone for a month while the phone is tied up in shipping... if the customer wants something outside of our warrantee replacement program... it aint gonna happen... he takes that up with the manufacturer... loike I said to the OP... the beef is with the manufacturer not the service provider...
I'm not gonna go over the return rules for you... you know as well as I within 30 days (a reasonable time) if a cash refund ... anything longer is an equipment exchange...
try your theory... go to walmart... buy a lawnmower.... wait 6 months beyond the return period... try to get your money back....
good luck with that
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BigRUSS
Posts: 2124
Phone Model:
two cans ( del monte) and some string,
Service Provider:
RussCo |
Thu Dec 22, 2005 4:11 pm |
cingular CANNOT be held account able for issues w/ the v180 cingular didnt make it they just REsold it cingular provided the service, that would be like you sueing a dealership because the new car you bout was a lemmon, the dealership didnt build it they just sold it you would have to go to the scorce the manufacturer, whats next you going to sue the gas station because you car doesnt run like it should?????
Last edited by BigRUSS on Thu Dec 22, 2005 8:40 pm, edited 1 time in total |
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Kvalich
Posts: 36
Phone Model:
Motorola v551
Service Provider:
Cingular |
Thu Dec 22, 2005 5:07 pm |
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I am not telling this guy to "cram it" and cingular isn't saying they wont give this guy new phones they are just saying they are going to give him the same kind wich he doesn't like. There is a difference between the $99 mower at walmart and the $300 one if your $99 law mower breaks they aren't going to replace it with the $300 one they are going to give you they same kind, wich is what cingular is trying to do....so let him go ahead and sue he will just get stuck with the court cost.
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Capt. Cingular
Posts: 8
Phone Model:
None |
Fri Dec 23, 2005 12:47 am |
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Hmm...well...you make some good points.
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