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#151 2007-09-14 9:14 am

mtpalms
plz stand by
From: Telstar
Registered: 2002-09-16
Posts: 4534

Re: iPhone Exchange Program?

bratboy wrote:

pastor macman wrote:

I don't.

I don't think they should get any. Let the people who want to sue do so. My problem with it is that lawyers come in and make it a class action suit so they only have to do the actual work for one case but still charge for each client. They make it look like they are trying to help "all the people who were wronged" when, in fact, they can make more money by increasing the number of people they claim to represent without having to do the work of multiple cases. It's just a sleazy way for lawyers to make money without actually helping people.


The benchmark attourney's fees commonly accepted by the courts is around 25% of the total payout. So if a lawyer can get a class of 10,000 people instead of 100 people, he can make 100 times more money for the same amount of work.

...and you're quite sure that you understand what a 'class action' suit is, or what goes into pursuing it?  In your mind, a suit representing one functions identically to a suit representing thousands?  They don't get to charge for each client, they receive a percentage of the final jury or settlement judgment. 

Consider this:  You get smurfed over by some huge corporation on a product that cost you $200.  Do you personally possess the thousands of dollars that would be necessary to pursue a suit against them?  Would the return ever be worth it?

It's certainly true that some people believe that lawsuits cost nothing and that lawyers should be willing to represent them for nothing to pursue a personal claim against a defendant with much greater resources.  The fact of the matter is that class actions allow a plaintiff with little to no resources to pursue a much more powerful defendant, while making it worthwhile for their counsel, who puts months (if not years) of work and resources into the hope that something is achieved from the whole process.

roll

Get rid of class actions and see if anyone would ever be willing to take on the incredibly costly work that would be necessary to sue a giant like Apple for the cost of your $500 iPhone.

Sure you've thought this one through?

For one thing, I might get a $1 off coupon as recompense on that $200 product as the result of a class action lawsuit, providing I saved my receipt, etc, etc.

Secondly, Apple did the right thing in very short order, they didn't lose a lawsuit that forced them to compensate early buyers.

If someone did bring a class action lawsuit against Apple about this, I doubt very much in the first place that they would win, and in the second - if they did win, the attorneys and court related fees would soak up most of the money, and the early iPhone adopters would end up with $1 gift certificates instead of $100 gift certificates.

Oh, and did I mention that this would be settled 5 years from now, when an iPhone III can be had for $30?

Some companies are always going to try to get away with making crappy products, a lawsuit isn't going to teach them a lesson. Not buying their products again just might.

:: waits expectantly for post were Bratty lumps half-filled ink jets cartridge suits in the same category as  black lung related deaths suits to make his point about the importance of class action suits ::

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#152 2007-09-14 9:21 am

LukeLucas
has his head in a cannon
From: Montgomery, AL, USA
Registered: 2002-08-28
Posts: 3233
Website

Re: iPhone Exchange Program?


suck it, trebek.

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#153 2007-09-14 10:05 am

NAG
A witch!
Royal Wombat
From: /usr/local/apps/nag
Registered: 2000-09-22
Posts: 30229

Re: iPhone Exchange Program?

And it isn't working for me. Well, time to head down to the Apple Store and bitch someone out.


"You call *this* archaeology?" • Professor Henry Jones
http://homepage.mac.com/dpauw/.Pictures/misc/moron.gif

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#154 2007-09-14 11:38 am

bratboy
laden with emotion
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 34106

Re: iPhone Exchange Program?

mtpalms wrote:

For one thing, I might get a $1 off coupon as recompense on that $200 product as the result of a class action lawsuit, providing I saved my receipt, etc, etc.

Sure, or you might get more.  That isn't the result of every class action.  Of course, you can always opt out of the class settlement and sue them on your own.

If someone did bring a class action lawsuit against Apple about this, I doubt very much in the first place that they would win, and in the second - if they did win, the attorneys and court related fees would soak up most of the money, and the early iPhone adopters would end up with $1 gift certificates instead of $100 gift certificates.

It wouldn't be "most" of the award, or even a majority of it.  Even class action settlements have to be approved by the court.

It's true that the results are not always viewed as satisfactory for the class members other than those who actually went through with the lawsuit.

Oh, and did I mention that this would be settled 5 years from now, when an iPhone III can be had for $30?

Some companies are always going to try to get away with making crappy products, a lawsuit isn't going to teach them a lesson. Not buying their products again just might.

:: waits expectantly for post were Bratty lumps half-filled ink jets cartridge suits in the same category as  black lung related deaths suits to make his point about the importance of class action suits ::

Whether they're "important" or not is a matter of opinion--and I certainly haven't suggested that Apple should be sued on this particular matter in any case.  I'm just pointing out that this is yet another area of law where the proposed (even well-meaning) change would likely harm the "little guy" while giving further protection to the large corporation.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#155 2007-09-14 2:38 pm

MB38
Moderatee
From: Orange County, CA
Registered: 2002-05-18
Posts: 4027
Website

Re: iPhone Exchange Program?

Why bother suing when they already did the right thing?


"Overall, the results are pretty clear: Mac users might not actually be smarter than PC users, but they certainly use better English and a larger vocabulary to express more complex thinking."

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#156 2007-09-14 3:46 pm

bratboy
laden with emotion
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 34106

Re: iPhone Exchange Program?

I haven't said a thing about suing in this particular situation.  I was responding generally to a general complaint.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#157 2007-09-14 10:45 pm

mtpalms
plz stand by
From: Telstar
Registered: 2002-09-16
Posts: 4534

Re: iPhone Exchange Program?

bratboy wrote:

mtpalms wrote:

For one thing, I might get a $1 off coupon as recompense on that $200 product as the result of a class action lawsuit, providing I saved my receipt, etc, etc.

Sure, or you might get more.  That isn't the result of every class action.  Of course, you can always opt out of the class settlement and sue them on your own.

If someone did bring a class action lawsuit against Apple about this, I doubt very much in the first place that they would win, and in the second - if they did win, the attorneys and court related fees would soak up most of the money, and the early iPhone adopters would end up with $1 gift certificates instead of $100 gift certificates.

It wouldn't be "most" of the award, or even a majority of it.  Even class action settlements have to be approved by the court.

It's true that the results are not always viewed as satisfactory for the class members other than those who actually went through with the lawsuit.

Oh, and did I mention that this would be settled 5 years from now, when an iPhone III can be had for $30?

Some companies are always going to try to get away with making crappy products, a lawsuit isn't going to teach them a lesson. Not buying their products again just might.

:: waits expectantly for post were Bratty lumps half-filled ink jets cartridge suits in the same category as  black lung related deaths suits to make his point about the importance of class action suits ::

Whether they're "important" or not is a matter of opinion--and I certainly haven't suggested that Apple should be sued on this particular matter in any case.  I'm just pointing out that this is yet another area of law where the proposed (even well-meaning) change would likely harm the "little guy" while giving further protection to the large corporation.

Personally, I don't think the type of class action lawsuit Pastor Macman and I are talking about help the little guy much at all, and I'm not talking about compensation, I'm talking about punishment that might make the next chiseling company think twice about ripping off consumers.

I understand your point of view though, because mine suggests that a line must be drawn somewhere between serious and frivolous lawsuits, which is unrealistic. There is no way to determine the outcome of a lawsuit beforehand, either.

I'm just glad Apple did the right thing, even though a few people may still think it isn't quite right enough.

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#158 2007-09-14 11:44 pm

pottymouth
Uncreative
Moderator
From: JP, MA
Registered: 2002-02-06
Posts: 17411
Website

Re: iPhone Exchange Program?

Different kind of "exchange":

I had to get a new iPhone today. This morning I made a call and the earpiece was suddenly so quiet that I could barely hear it at max volume. I decided to run over to the Apple store during lunch and when I got there it wasn't working at all! But they just gave me a new one, swapped the sim and sent me on my way.

I'm not sure what to make of it. On the one hand, I'm pissed my 2ish month old iPod died. On the other, getting it taken care of couldn't have been easier. Hrm.

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#159 2007-09-15 11:19 am

thelegendofjohn
I know.
From: A Basement On The Hill.
Registered: 2006-08-20
Posts: 1390

Re: iPhone Exchange Program?

Can't be mad about a new iPhone right?

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#160 2007-09-15 11:26 am

ScifiterX
婚約中
Moderator
From: NW Palm Bay, Florida
Registered: 2000-02-10
Posts: 18094
Website

Re: iPhone Exchange Program?

That sucks but bear in mind that even the best product is bound to have a few lemons every now and again and they made problem right for you.

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#161 2007-09-15 2:23 pm

Phydeaux
Watching, Listening and Waiting
From: Hopin You'll Turn Out Th'Light
Registered: 2001-05-11
Posts: 29999
Website

Re: iPhone Exchange Program?

pottymouth wrote:

Different kind of "exchange":

I had to get a new iPhone today. This morning I made a call and the earpiece was suddenly so quiet that I could barely hear it at max volume. I decided to run over to the Apple store during lunch and when I got there it wasn't working at all! But they just gave me a new one, swapped the sim and sent me on my way.

I'm not sure what to make of it. On the one hand, I'm pissed my 2ish month old iPod died. On the other, getting it taken care of couldn't have been easier. Hrm.

Dude, yeah, count your blessings.

If someone bought a phone from me, it'd be 30 days max where I'm able to swap out and not get in trouble.

2 months? That's crazy good support. Did they even check for water damage?


Spirit was crushed; now is fading, But I want to help make things right.
Because I can see and I can feel, and you can see and you can feel
So why don't we both either stand up and fight
Or at least together we'll call it a night.

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#162 2007-09-15 3:57 pm

bratboy
laden with emotion
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 34106

Re: iPhone Exchange Program?

mtpalms wrote:

Personally, I don't think the type of class action lawsuit Pastor Macman and I are talking about help the little guy much at all, and I'm not talking about compensation, I'm talking about punishment that might make the next chiseling company think twice about ripping off consumers.

...and by "little guy," you're referring to an individual who had absolutely nothing to do with the lawsuit whatsoever....correct?


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#163 2007-09-15 7:22 pm

mtpalms
plz stand by
From: Telstar
Registered: 2002-09-16
Posts: 4534

Re: iPhone Exchange Program?

bratboy wrote:

mtpalms wrote:

Personally, I don't think the type of class action lawsuit Pastor Macman and I are talking about help the little guy much at all, and I'm not talking about compensation, I'm talking about punishment that might make the next chiseling company think twice about ripping off consumers.

...and by "little guy," you're referring to an individual who had absolutely nothing to do with the lawsuit whatsoever....correct?

The little guy is just the person who hopefully gets through the day without having his Pinto rear-ended, feeding his dog poisoned food, or has his kid get lead poisoning from a her Barbie doll collection.

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#164 2007-09-16 12:19 am

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9708
Website

Re: iPhone Exchange Program?

Phydeaux wrote:

pottymouth wrote:

Different kind of "exchange":

I had to get a new iPhone today. This morning I made a call and the earpiece was suddenly so quiet that I could barely hear it at max volume. I decided to run over to the Apple store during lunch and when I got there it wasn't working at all! But they just gave me a new one, swapped the sim and sent me on my way.

I'm not sure what to make of it. On the one hand, I'm pissed my 2ish month old iPod died. On the other, getting it taken care of couldn't have been easier. Hrm.

Dude, yeah, count your blessings.

If someone bought a phone from me, it'd be 30 days max where I'm able to swap out and not get in trouble.

2 months? That's crazy good support. Did they even check for water damage?

The iPhone comes with Apple's standard warranty.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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