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wxboss
This is like Deja vu all over again.
Premium
join:2005-01-30
Fort Lauderdale, FL

1 recommendation

reply to james1

Re: Cost of doing business

said by james1:

Companies are always trying to make more money via exaggerating in their ads.
I agree with that.

I do agree that no individual should be able to sue for the actions of a company that affect everyone
This doesn't affect everyone. Consumers have an option to buy product A or product B etc... The plaintiff had an opportunity return a product that didn't meet his expectations.

...the government should be required to step in and investigate, and the money should go into a fund to finance later lawsuits and investigations.
Good Lord, that would be like giving a pimp legal authority to regulate prostitution.
--
"A study in the Washington Post says that women have better verbal skills
than men. I just want to say to the authors of that study: Duh."
--Conan O'Brien


james1

join:2001-02-26
Advertisements do affect the general public, or atleast they have the capacity to. It's not like a person is being specifically targeted by the company, so they shouldnt be able to sue as an individual.
But really, aren't there already entities in place that are supposed to enforce truth in advertising?


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Well, the thing with lawsuits works like this. If you've been damaged in some way, you can sue. You may not win, but you can try. When you buy an expensive widget that doesn't perform as expected you have a fairly clear case of damages because of your outlay. Now, to win the case you'd have to show that you were wronged by deceptive/misleading/lying representations of the product. If you simply picked it and did no research, well, there's another term that applies: Let the buyer beware.

Typically such lawsuits are very small and minor and do not create a "windfall" for anyone. There are some exceptions, like product safety lawsuits where serious injury or death occurs because of a defective product.... but then again, without such checks and balances you'd have a lot of unscrupulous vendors selling dangerous goods for massive profit.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


wxboss
This is like Deja vu all over again.
Premium
join:2005-01-30
Fort Lauderdale, FL
said by KrK:

If you simply picked it and did no research, well, there's another term that applies: Let the buyer beware.
Great point.

Obviously the iPhone has been around a while (with substantial amounts of reviews, opinions and facts littered around the Net), so there is a certain amount of onus on the part of the consumer to 'do their homework' and filter out any misleading hype. Something I would think a life-seasoned 70 year old would be capable of doing.

However small the windfall may be for him if this suit succeeds, I'm sure he only had the best interests of other consumers at heart.
--
"A study in the Washington Post says that women have better verbal skills
than men. I just want to say to the authors of that study: Duh."
--Conan O'Brien


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

1 recommendation

said by wxboss:

However small the windfall may be for him if this suit succeeds, I'm sure he only had the best interests of other consumers at heart.
He'd be limited to his damages (cost of phone + exit contract) unless it's class action. If it goes class action, the only ones who make windfalls are the lawyers. The consumers get a pittance back if that. (Sometime it's a coupon for a discount or some useless crap.)
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini