The lawyers should be going after those tech firms who obviously marketed features which never delivered after years of wait. Need a few names?
Oh, wait. Those tech firms do not have billions in cash reserves...hence even the lawyers 'shake the tree really hard', not enough 'fruits' will drop to keep them stuffed for years to come.
So do these class action law firms go looking for people to list as a plaintiff so they can file their suit? These people are no better than the patent trolls, in my opinion.
This is no different than tv screen measurements, or multiple other products. Furthermore, it’s standard across the industry, so comparisons between products are equal, which is what really matters.
Yes, absolutely. I have actually seen ads on TV by law firms seeking clients for possible litigation.
There are a lot of misleading advertising. I recently looked at energy plans and many providers advertise the ¢/kWHr if you use 2000 kWHr. They had an clickable asterisk, which expanded to show that if you used 500 kWHr, the price was 25% higher for lower usage. They can get away with it because they disclosed it, but how close to the line are they lying here? Or like the carrier plans advertised as “unlimited”, but it is really “unlimited up to x GB, then throttled, then cancelled if the carrier doesn’t like your usage” plans.
Good example.
In the computer world a different thing happens: decimal vs binary. The storage of a HDD, SSD and NAND is usually expressed in decimal, but a computer uses binary. Therefore a 32GB iPhone will have less storage when looking inside the general info, and will have even less after formatting. Apple actually made a document about it a couple of years ago, just to avoid court cases like this one. (I'll never find it)
I want the law firm that represented the idiot plaintiffs to be fined for filing a frivolous and fraudulent lawsuit, or at the minimum to pay every penny of Apple's legal fees.
Rather than making the little guy pay court costs, perhaps the ABA (American Bar Association) could disbar lawyers who file frivolous cases. There are other lesser forms of punishment besides disbarment such as "fine, censure, suspension". The ABA has a thing called "ABA Model Rules of Professional Conduct" which 49 states have adopted (California is the lone dissenter). Perhaps frivolous lawsuits should be in that document.
tht said: Or like the carrier plans advertised as “unlimited”, but it is really “unlimited up to x GB, then throttled, then cancelled if the carrier doesn’t like your usage” plans.
I know of four ways that limited can be used when it comes to internet data plans which means that all statements of unlimited have some qualifier:
The amount of data you can get within a timeframe before you're cut off, throttled, or automatically bumped to a more expensive tier
The time duration before you're cut off
The maximum speed allowed over a connection.
You're out of a coverage area
As for contracts, those also limit your usage as they can cancel at any time and you can also be canceled from lack of payment. I think it was Cingular from a couple decades ago, but they ended up canceling a plan I was on, but this was good for me because it also meant I could switch carriers and keep the device without having to reimburse them or pay penalties.
There are a lot of misleading advertising. I recently looked at energy plans and many providers advertise the ¢/kWHr if you use 2000 kWHr. They had an clickable asterisk, which expanded to show that if you used 500 kWHr, the price was 25% higher for lower usage. They can get away with it because they disclosed it, but how close to the line are they lying here? Or like the carrier plans advertised as “unlimited”, but it is really “unlimited up to x GB, then throttled, then cancelled if the carrier doesn’t like your usage” plans.
Good example.
In the computer world a different thing happens: decimal vs binary. The storage of a HDD, SSD and NAND is usually expressed in decimal, but a computer uses binary. Therefore a 32GB iPhone will have less storage when looking inside the general info, and will have even less after formatting. Apple actually made a document about it a couple of years ago, just to avoid court cases like this one. (I'll never find it)
I never cared for this confusing polyseme, but it's not the fault of the manufacturers since the terms predate the use with binary even if most of us probably never heard the terms before their usage with computers. You'll see me use the IEC's (International Electrotechnical Commission) nomenclature on this forum. E.g.: gibibyte (GiB).
Yes, I've come to support Loser Pays all expenses in these kind of suits. I understand the arguments against the model, but I've come to feel that the benefits outweigh the costs.
Sometimes lawyers (actually the plaintiffs) are ordered to pay, it depends on the specifics of a case. Apple right now is demanding recompense from one of he companies who had brought a frivolous case against them and so far the judge has looked favorably on it.
Loser pays as a general rule of law tho would not be a good idea IMO.
Any 'loser pays' rule should be surrounded by a bunch of conditions, because while it could help dissuade frivolous lawsuits, it may also dissuade legitimate lawsuits. For the latter the offending corporation could just pad the bill and scare off any plaintiff. At the same time, if a lawyer is in the business of organising the class action, in the sense they are the one who initiated it and recruits members, then they should certainly be on the hook, since it then could be considered suing 'for income', as opposed to 'for cause'.
The 'for income' argument doesn't really work, either. Consider the scenarios that have played out time and again with an industry polluting and poisoning the impoverished neighborhoods around a factory or a mine. It's often advocates and legal teams who first have to reach out to the victims to gather data and convince people to be party to the suit. Those advocates and attorneys may indeed hope for a piece of a sizable payout, even as they are dead serious about filing a legitimate claim on behalf of the victims. Building in an assumption that every lawyer building a class action case is just chasing ambulances would also have a chilling effect on legitimate claims. While there are plenty of ambulance chasers out there, an attorney in the scenario I've described here is probably already risking that they'll do a lot of work, lose and get paid nothing for it. If they also risk having to then pay the polluter company's legal fees just for trying to help, they're going to stay silent and wait for the case that will never come to them on its own. That doesn't serve justice.
Next case: iPhone X battery last only 20.9999 hr instead of 21 hr.
TBH, they should get sued, because any engineer that states that something lasts as long as it is rated for is not doing their homework in "padding the specs" class.
Next case: iPhone X battery last only 20.9999 hr instead of 21 hr.
TBH, they should get sued, because any engineer that states that something lasts as long as it is rated for is not doing their homework in "padding the specs" class.
Who is they in your scenario? Apple who makes a claim about battery life for marketing based on testing within specific usage cases, or the person that sues for a stated time being 360 milliseconds less than than claimed for a given use case.
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Oh, wait. Those tech firms do not have billions in cash reserves...hence even the lawyers 'shake the tree really hard', not enough 'fruits' will drop to keep them stuffed for years to come.
In the computer world a different thing happens: decimal vs binary. The storage of a HDD, SSD and NAND is usually expressed in decimal, but a computer uses binary. Therefore a 32GB iPhone will have less storage when looking inside the general info, and will have even less after formatting. Apple actually made a document about it a couple of years ago, just to avoid court cases like this one. (I'll never find it)
Can I sue Apple since their new Mac Pro and super-screen and super-stand are creating an intense desire inside me?
It's really a distraction....
I'll settle the suit for.....one of each!
Cheers!
Have a good weekend all.
As for contracts, those also limit your usage as they can cancel at any time and you can also be canceled from lack of payment. I think it was Cingular from a couple decades ago, but they ended up canceling a plan I was on, but this was good for me because it also meant I could switch carriers and keep the device without having to reimburse them or pay penalties.
I never cared for this confusing polyseme, but it's not the fault of the manufacturers since the terms predate the use with binary even if most of us probably never heard the terms before their usage with computers. You'll see me use the IEC's (International Electrotechnical Commission) nomenclature on this forum. E.g.: gibibyte (GiB).