said by Dogfather:IMO, those times were class actions are warranted are extremely rare. But this broad brush is not much different that the one being used by some to call the 3G a POS or the MobileMe deployment for example a disaster.
Yeah, some people are having trouble with their 3G iPhones but certainly not everyone. As such, there is no well defined class. It certainly can't be said that everyone who bought an iPhone is affected yet everyone will automatically be opted in.
Class actions should be by default opt out and people should have to affirmatively be added to the class instead of affirm that they want out. But that's where the money tree is for these blood sucking lawyers.
I think the problem here, at least on the phone, is that a considerable number of people want it both ways (example in a moment) and others see it one way or the other.
For example, Apple relies on the media for super-hyped product launches and the media obliges. To posit that the Apple isn't setting itself up for the perfect storm by creating this mega-marketing hype is at the least a gross understatement. They, Apple, are also rolling the dice on what can be - and usually is - financial successes from these types of launches.
Any negative blow-back would be in direct proportion to the hype level. In this case, if even 5% of iPhone customers are having trouble post-launch, then you're bound to hear the sound of unhappy customers and countless stories on a national level. There's no way around it. Add to this the perception, real or not, of Apple product superiority, and they've doubled up the bet on roll out. Toss in secrecy all the way around the product's subsequent problems and what do people expect?
As for class action, I don't want to take this too OT other than to say that I agree for the most part because defendants need only move the case to federal court (where they'll usually win) and the lawyers collect their money and walk away. However, occasionally suits have merit and do make a positive difference.
But there's also a troubling trend in this country to individualize and privatize as a means of defending every facet of corporate (and government) responsibility and transparency there is. We can easily see how well this trend has worked here and overseas. We now so often toss baby with bath water that soon they'll be no recourse for real problems. And that's exactly how someone in power would want it to be. I'm no fan of ambulance-chasing lawyers, trust me, but I'm no baby tosser either.
This doesn't rise to the level of class action in my opinion, but that's now for a local or federal court to decide, and it's a right that, even though abused, we shouldn't throw away because some parties (lawyers) abuse that right.
That's exactly what every corporation would love for people to demand. My fear is that far too many people now think that thinking for themselves, when in fact someone else is deftly thinking for them by creating an illusion of the empowered individual, simply contributes to our ultimate deterioration.
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Toss in the Troll lock thread's 'B word' and I dunno ...