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RIM Faces Class Actions For Global Outage
Accuses Company of 'Unjust Enrichment' for Not Giving Refunds
by Karl Bode Thursday 27-Oct-2011 tags: legal · business · wireless · consumers · wireless
According to Reuters, Research in Motion has been hit with class action lawsuits in both the U.S. and Canada for an outage earlier this month that impacted tens-of-millions of Blackberry customers across numerous continents. One lawsuit, filed on Wednesday in Quebec on behalf of all Canadian BlackBerry owners with an active service agreement, accuses RIM of breach of contract, negligence and "unjust enrichment." RIM co-CEO Mike Lazaridis apologized for the outage, but the company did not issue consumer refunds -- instead opting to give users free access to online applications and games "with a face value of up to $100." Some carriers have considered compensating users directly, and none so far have asked RIM for compensation....for their planned compensation.

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wings10
I Am Legend
Premium
join:2004-06-09
South Elgin, IL

Not going to happen.

What's next? Go after ComEd for your power outage?

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
join:2002-03-03
USA
kudos:4

Re: Not going to happen.

said by wings10:

What's next? Go after ComEd for your power outage?

This is just the usual scummy law firms wanting to make a buck to go away with a settlement. It is called greenmail and isn't much more moral than blackmail. There are just too many law school graduates that need to pay back their student loans and will do anything to make a buck.
--
»www.politico.com/rss/2012-election.xml
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pl

@rogers.com
lol

N3OGH
Yo Soy Col. "Bat" Guano
Premium
join:2003-11-11
Philly burbs
kudos:1
Only people RIM is "unjustly enriching" is Google & Apple....
--
Petty people are disproportionally corrupted by petty power
Joe12345678

join:2003-07-22
Des Plaines, IL
utilitys have there own laws that cover and force the utility's to have working systems and can fine them if they don't do there part. Cell phones do not.

vpoko
Premium
join:2003-07-03
Boston, MA
No, but ComEd doesn't bill me for power during the time that it's out. They're entitled to a pro-rated refund for the days that the service was not working, but being paid for.
elwoodblues
Elwood Blues
Premium
join:2006-08-30
HarperLand
Reviews:
·Cybersurf Intern..

Re: Not going to happen.

said by vpoko:

No, but ComEd doesn't bill me for power during the time that it's out. They're entitled to a pro-rated refund for the days that the service was not working, but being paid for.

Your power goes out for **DAYS** ?
Your avatar shows Boston, unless you there is a BF nowhere Boston in Massachusetts, how the hell does power go out for days in a big city like that?
--
It's got a cop motor, a 440 cubic inch plant, it's got cop tires, cop suspensions, cop shocks. It's a model made before catalytic converters so it'll run good on regular gas. What do you say, is it the new Bluesmobile or what?

visio

join:2001-08-29
Pompano Beach, FL

Re: Not going to happen.

what's your argument? regardless of where you live, utility providers generally do not bill you when (for whatever reason) they arent providing a service.

vpoko
Premium
join:2003-07-03
Boston, MA
said by elwoodblues:

Your power goes out for **DAYS** ?
Your avatar shows Boston, unless you there is a BF nowhere Boston in Massachusetts, how the hell does power go out for days in a big city like that?

No, I didn't say that at all. But whatever period that my power is out for - be it minutes, hours, or days - I'm not being billed for it.

A company is not entitled to payment for a service that they didn't actually provide.

battleop

join:2005-09-28
00000
I've gone 14 days so far here in the city. Too bad their focus is on Fiber and running private business out of business instead maintaining their power infrastructure.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
power company is a terrible example. if the power goes out the meter is not spinning and I am not racking up charges.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
hoolahoous

join:2004-08-25
Red Valley, AZ

enrichment ??

this lawsuit make it seem as if RIM made/save money because of outage. Most probably RIM actually would have spent tons of money fixing this issue (with all the overtime and probably expediting hardware replacement etc.)

vpoko
Premium
join:2003-07-03
Boston, MA

Re: enrichment ??

That's not the customers' problem. If someone pays for 30 days of service (in a billing cycle) and only gets 27, they should get a refund for the 3 days they didn't get service but were paying for it.
Network Guy
Premium
join:2000-08-25
New York

Re: enrichment ??

That's actually the cell phone provider's problem. Cell phones didn't stop working as a result of the outage, only messaging stopped.
elwoodblues
Elwood Blues
Premium
join:2006-08-30
HarperLand
Reviews:
·Cybersurf Intern..

Re: enrichment ??

said by Network Guy:

That's actually the cell phone provider's problem. Cell phones didn't stop working as a result of the outage, only messaging stopped.

It's also a consumer product, no SLA's involved.
--
It's got a cop motor, a 440 cubic inch plant, it's got cop tires, cop suspensions, cop shocks. It's a model made before catalytic converters so it'll run good on regular gas. What do you say, is it the new Bluesmobile or what?

vpoko
Premium
join:2003-07-03
Boston, MA

Re: enrichment ??

said by elwoodblues:

It's also a consumer product, no SLA's involved.

So if I walk into a store, pay for a product, and then the store doesn't give me my product, I'm not entitled to a refund because I didn't have an SLA?

Or if I hire someone to shovel snow, and they don't show up, I still need to pay them because I don't have an SLA?
sk1939

join:2010-10-23
france
kudos:6
Actually, a lot of major corporations still use Blackberry for it's security features like encrypted messaging. Those companies all have SLA's I'm sure.

michieru
Premium
join:2009-07-25
Miami, FL
Reviews:
·AT&T U-Verse
·Clearwire Wireless
·AT&T Southeast
The cellphone provider was providing access to the internet at the time the outage happened. This was a problem with RIM and not the cellphone provider. RIM had a faulty system with no redundancy and it collapsed, yet the customers need to pay for 3 days of service they never got?

Their customers are leaving because of this, and as a blackberry customer I am considering my next upgrade to be a android and not a blackberry.
drone009

join:2011-09-21
Las Vegas, NV

Enrichment.

He he... "enriched."
sharksfan3
Premium
join:2004-02-16
Hyde Park, NY

RIM

people still use blackberry devices? can't recall the last time i saw one...
Ricanlegend

join:2011-05-18
Bronx, NY

Re: RIM

Heck i dont even remember the last must have RIM phone

workablob

join:2004-06-09
Houston, TX
said by sharksfan3:

people still use blackberry devices? can't recall the last time i saw one...

Surely you jest. A Sh*t load of people use them including myself.

But, for how much longer Hee Hee.

I just demo'd a Windows 7 phone and I want one!!

Dave
buggerit

join:2011-02-14
canada

lawyers

of course this is a stupid ambulance chaser looking to get in on the action. Thing is RIM pays out to the carriers SLA penalties for such things (seven figures per carrier). You think carriers wouldn't cover their ass for such eventualities?
djhexer

join:2002-10-07
Reno, NV

Does RIM collect any $$$??

Google is free even apples iCloud is free (e-mail and contact storage etc.)

But does RIM charge? if so Yes they should issue refunds but if they are anything like google and apple then what refund is available? Heck they are giving free paid apps, isn't that enough?

I would think you should still be able to text and call because it was not a provider outage it was a BBM outage. Seeing most people have a corporate e-mail address you "could" always check your e-mail from your computer. From what I understand you could not connect to BBM services.

Van
Premium
join:2009-07-08
New Orleans, LA

I have no issue with it

I use my phone just about every minute for work.

I pay an amount per month that I think is criminal.

If my phone's network went off for a day or more...I would want a refund for that day even if it is a few bucks.

Someone brought up power...yes, if my power went off, the power company would not charge me for that day. When my DirecTV goes out (not often), I call DirecTV and they give me either some credits or something financially.

Ben B

@xo.net

Rip off

From a systems administrator standpoint, I completely loath the blackberrys.
For the BB to fully communicate (email, contacts, calendar) with an exchange server, I have to purchase/setup/maintain a blackberry exchange server and also pay a monthly access fee to connect to that server.
Guess what? Android/iPhones can fully connect directly to exchange without any additional hardware/software/fees.
bn1221

join:2009-04-29
Cortland, NY

Re: Rip off

You are misinformed. BESX is free for up to 75 users. I have 12 active synch devices that hammer my server harder than my 72 BB users.

And BB with OS 4.2 or higher can connect to OWA - which did seem to work for some during the outage.

And with BB you get a shedload more administrative features.

Ben B

@xo.net

Re: Rip off

I stand corrected. BES was already in place when I took over. Good to know it’s free up to 75 users. However, Sprint does charge me $30 a month to connect that server (I still don’t understand why). If I can sync email/contacts/calendar via OWA, then I'm going to move my 1 user off BES and get rid of it.

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