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Apple to pay $40 per iPad 3G user to settle class action suit over revoked AT&T unlimited data plans - Page 2

post #41 of 70
Originally Posted by Cash907 View Post
Too bad they've yet to own up to the defective power buttons on the 4 GSM. Guess what I've repaired two of this week for friends? Yup. It's a 4 dollar part and an hours labor for me. For apple it is a fraction of both, but lying about it is the cheaper course of action.

 

Probably because that isn’t the case, FUDmonger.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
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Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
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post #42 of 70
Quote:
Originally Posted by AppleInsider View Post



FINALLY! THANK YOU APPLE INSIDER!

Totally OT of course, but for the love of completeness, please add authors' names to the articles in the forum. I don't know anyone who goes to the homepage on this site, I the only authors we know who wrote it are from DED. We don't need to the original location, but please, have all articles signed, including the publishing date, with year, and time of posting.

Thank you Apple Insider, thank you Mikey Campbell.
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post #43 of 70
Quote:
Originally Posted by Tallest Skil View Post

Is “Samsung” a telecom? Do they run a telephony service?

If you’ve no other argument than this, I rather think we’re done here.

Is Apple? I saw the CEO of Apple proclaiming that they had breakthrough data plans not the CEO of AT&T.
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post #44 of 70
Quote:
Originally Posted by rlevtzow View Post

Sounds to me like AT&T and Apple got a sweetheart deal together

But Apple is the one who presented the deal to customers and the customers allege that they paid more for their iPad because of the deal Apple was offering at the keynote. That certainly gives them grounds for a suit. On the surface, it looks like a plausible argument.

Let's say you go into your local independent car dealer and they tell you that a car will get 100 mpg and you buy it. After you get it home, it only gets 40 mpg. You certainly have grounds to sue - and would almost certainly win. You might also sue the manufacturer (and probably would if the manufacturer's literature says 100 mpg), but that doesn't absolve the dealer of the fact that they lied to you (just as in this case, the plaintiffs sued Apple AND AT&T.

Now, if the car dealer relied on promises from the manufacturer, they could sue the manufacturer to recover their money. In this case, if Apple had an agreement from AT&T and AT&T violated that agreement, Apple could sue them to recover their money. That does NOT, however, eliminate the rights of an iPad purchaser to sue Apple. There may be an arrangement behind the scenes for AT&T to reimburse Apple for some or all of their expense, but I doubt if we'll ever know.

As I said, Apple had the opportunity to prove that they were not liable and decided either that they were likely to lose or that it would be less expensive to settle - and therefore agreed to these terms.
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post #45 of 70
Quote:
Originally Posted by Zandros View Post

So the no-class action clauses are actually valid?

Yes. The Supreme Court faithfully bowed to their corporate masters to take away your rights.
post #46 of 70
Class action suits are a waste of time. This is no where near appropriate damages for such an issue, and AT&T would go bankrupt if they ever had to pay appropriate damages for every iPhone user they rear-ended.
post #47 of 70
Quote:
Originally Posted by wierdninja View Post

AT&T got off easy. They should be forced to provide all owners of the above mention iPads unlimited data for as long as those owners want to keep their plans. AT&T is one of the worst companies when It comes to customer service and billing. I always get puzzling charges on my bill. Always gotta call they fix it and the next month it's something else. They kept changing my contract end date. Always, always something. AT&T should have been spanked by our legal system but got away with it. Big corporate America is well taken care of in the country. Seems like Apple got spanked a little more than AT&T. Why?

 

They do this.

I still have an unlimited plan on my iPad. As long as I keep paying $30/mo for the plan I keep it.

I'm on a family plan, so they "keep changing my contract end date" too. Basically, that occurs whenever anyone on the plan upgrades their phone. That's actually an advantage -- by spreading out the purchase of the phones, I get a new phone every year when someone's phone life expires (and the phones "trickle down" to the other family members).

 

As for picking on AT&T, are they really worse than Verizon? Some of us really do need the wide coverage not provided by the smaller carriers.

post #48 of 70
Quote:
Originally Posted by rhyde View Post

They do this.
I still have an unlimited plan on my iPad. As long as I keep paying $30/mo for the plan I keep it.

That's true. If someone really purchased the iPad and wanted to keep the unlimited plan, they were able to. That might get AT&T and Apple off the hook - except for one thing. Apple specifically mentioned that you could buy the plan for just the months you needed it. When I bought mine, I originally planned to pay for the plan only in the summer when I was likely to use it on vacation, but probably wouldn't need it much otherwise. A number of people publicly stated that they had the same plan. For those people, paying $30 per month continuously just to keep the plan was a much more expensive option.

Seriously, I AM a big fan of Apple (unlike most of the trolls where who simply claim to be). But Apple made a promise to their customers that they weren't able to keep and the customers have a legitimate complaint. Apple apparently thought so, too (or, at least, thought the cost was too low to fight over it) because they settled.

I just wonder whether Apple is going to collect the money from AT&T. Unless Apple really screwed up on their contract with AT&T, then AT&T should be forced to reimburse Apple for whatever they pay out.
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post #49 of 70
Originally Posted by dasanman69 View Post
Is Apple? I saw the CEO of Apple proclaiming that they had breakthrough data plans not the CEO of AT&T.


You need to stop now.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
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Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #50 of 70
Quote:
Originally Posted by Tallest Skil View Post


You need to stop now.

You need to start now.
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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post #51 of 70
Originally Posted by dasanman69 View Post
You need to start now.

 

Oh, come off it. Either give any evidence whatsoever for your claims or admit it’s just libel. 

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
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Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #52 of 70
Quote:
Originally Posted by Tallest Skil View Post

Oh, come off it. Either give any evidence whatsoever for your claims or admit it’s just libel. 

Which claims? I posted video of the keynote speech. It speaks for itself. Btw AT&T did the same thing to Amazon but at least Amazon had gotten AT&T to agree to a one year deal.
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post #53 of 70
I don't get it. How did these customers lose their unlimited plan unless they voluntarily switched to a different plan or missed paying a bill? I have AT&T (for an iPhone) and I still have an unlimited data plan. Frankly, it's the main reason I don't switch to Verizon, since neither carrier offers unlimited plans to new or returning customers.

And if they didn't lose their unlimited plan, then why do they deserve $40?
post #54 of 70
Originally Posted by dasanman69 View Post
I posted video of the keynote speech. It speaks for itself.

 

Indeed. At no point in it does Apple claim to be a telecom, with control over said plans’ existence, or give any dedication as to a timeframe in which a user could be expected to have said plan available. Thanks for disproving your own argument.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #55 of 70
unless your streaming videos over cellular all day your data cap shouldn't be that big a deal. I use like 1-3gb a month as does the 5 lines on my account. get a higher data cap, if you want to play you have to pay! so tired of hearing people whine about data caps, suck it up. if it was unlimited you would get people wasting bandwidth which would kill the speed for everyone else.
post #56 of 70
Originally Posted by alphafox View Post
if it was unlimited you would get people wasting bandwidth which would kill the speed for everyone else.

 

Magical. It’s called BUILD OUT A BETTER NETWORK. Every single other industry on Earth seems to get this.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #57 of 70
Quote:
Originally Posted by Tallest Skil View Post

Indeed. At no point in it does Apple claim to be a telecom, with control over said plans’ existence, or give any dedication as to a timeframe in which a user could be expected to have said plan available. Thanks for disproving your own argument.

That's why your 'we' was wrong, it wasn't just Apple, it was Apple and AT&T, but Apple wasn't smart enough to get a time frame on the deal so AT&T wouldn't be able to turn around and screw it's users.
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"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #58 of 70
This is crazy! Apple should counter sue att immediately and use that money to build their own network
post #59 of 70
Quote:
Originally Posted by zoetmb View Post

I don't get it. How did these customers lose their unlimited plan unless they voluntarily switched to a different plan or missed paying a bill? I have AT&T (for an iPhone) and I still have an unlimited data plan. Frankly, it's the main reason I don't switch to Verizon, since neither carrier offers unlimited plans to new or returning customers.

And if they didn't lose their unlimited plan, then why do they deserve $40?

According to SJ a iPad owner could get data for one month, skip a month and come back the next month under the same plan. AT&T agreed to that and rescinded a month later.
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"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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post #60 of 70
Quote:
Originally Posted by zoetmb View Post

I don't get it. How did these customers lose their unlimited plan unless they voluntarily switched to a different plan or missed paying a bill? I have AT&T (for an iPhone) and I still have an unlimited data plan. Frankly, it's the main reason I don't switch to Verizon, since neither carrier offers unlimited plans to new or returning customers.

And if they didn't lose their unlimited plan, then why do they deserve $40?

Because Jobs specifically stated that you could just pay for the months you wanted to use it - that is, turn it off and on at will. That was not possible after AT&T changed their plan.
Quote:
Originally Posted by Tallest Skil View Post

Indeed. At no point in it does Apple claim to be a telecom, with control over said plans’ existence, or give any dedication as to a timeframe in which a user could be expected to have said plan available. Thanks for disproving your own argument.

Please crawl back into your hole.

Apple told people they could have unlimited data access that they could turn on and off at will. Customers paid Apple $500 and up for devices which were supposed to take advantage of that capability. The capability was taken away.

Now, legally, the promise does not require that the device have that capability forever - but it DOES have to have the capability for a reasonable time. It didn't.
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post #61 of 70
Originally Posted by jragosta View Post
Apple told people they could have unlimited data access that they could turn on and off at will. Customers paid Apple $500 and up for devices which were supposed to take advantage of that capability. The capability was taken away.

 

Magical. Show me where Apple broke the law. The devices were advertised with said capability and received it. When it was taken away, they stopped being advertised as such.

 
…it DOES have to have the capability for a reasonable time. It didn't. 

 

Under what law? Who decides “reasonable”?

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #62 of 70
Quote:
Originally Posted by Tallest Skil View Post

Magical. Show me where Apple broke the law. The devices were advertised with said capability and received it. When it was taken away, they stopped being advertised as such.

Under what law? Who decides “reasonable”?

A law didn't need to be broken. What's 'reasonable' is subjective, but most if not all will agree that 1 month was 'unreasonable'.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #63 of 70
Originally Posted by dasanman69 View Post
A law didn't need to be broken.

 

That’s nice. You owe me $40 per post now. I apparently don’t have to have a reason, backed by law or otherwise, for it.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #64 of 70
Quote:
Originally Posted by Tallest Skil View Post

That’s nice. You owe me $40 per post now. I apparently don’t have to have a reason, backed by law or otherwise, for it.

The rubber check is in the mail.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #65 of 70
Quote:
Originally Posted by Tallest Skil View Post

Magical. Show me where Apple broke the law. The devices were advertised with said capability and received it. When it was taken away, they stopped being advertised as such.

Under what law? Who decides “reasonable”?

The term "reasonable" is usually left to the courts to decide.

In this case, it should trickle up. The customer bought a device that Apple advertised as being capable of having month-to-month unlimited data (it was a big selling point). People paid money for it. AT&T then stabbed Apple in the back. The customers have no recourse from AT&T, as they bought the device from Apple.

Apple, if they wanted, could likely sue AT&T for breach of contract (assuming they had some sort of agreement). Or they may have already worked it out.
post #66 of 70
Quote:
Originally Posted by Tallest Skil View Post

Magical. Show me where Apple broke the law. The devices were advertised with said capability and received it. When it was taken away, they stopped being advertised as such.

Under what law? Who decides “reasonable”?

It has nothing to do with breaking the law. It's a civil case.

Seriously, if you don't understand the difference between civil and criminal cases, why the heck are you so eager to parade your ignorance?
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post #67 of 70
Quote:
Originally Posted by Pendergast View Post

The term "reasonable" is usually left to the courts to decide.

In this case, it should trickle up. The customer bought a device that Apple advertised as being capable of having month-to-month unlimited data (it was a big selling point). People paid money for it. AT&T then stabbed Apple in the back. The customers have no recourse from AT&T, as they bought the device from Apple.

Apple, if they wanted, could likely sue AT&T for breach of contract (assuming they had some sort of agreement). Or they may have already worked it out.

Exactly.
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post #68 of 70
I don't understand this. AT&T killed the plan but Apple has to pay why?

I hope Apple is just paying to look good and then reaming AT&T for dropping the ball.
post #69 of 70
Quote:
Originally Posted by Darryn Lowe View Post

I don't understand this. AT&T killed the plan but Apple has to pay why?

I hope Apple is just paying to look good and then reaming AT&T for dropping the ball.

Read the comments and watch the keynote speech I posted.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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post #70 of 70
Originally Posted by dasanman69 View Post
Read the comments and watch the keynote speech I posted.

 

Don’t do that, Darryn Lowe; you’ll just have the same questions.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
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