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class action lawsuit

 
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Dave



Joined: 15 Apr 2008
Posts: 25
Location: North Fork, Ca

PostPosted: May 15, 2009 6:29am    Post subject: class action lawsuit Reply with quote

I am tired of this radio. It frequently loses its wifi connection. I spend time finding a station that has the program on that I want to listen to and with in a few day I get the overloaded across the screen. I think we were sold a piece of junk.

With the purchase of the radio there was the implied, if not explicit, promise by Com One to provide a workable product, support and content. none are present.

I am an attorney and think that this is setting up to be a good case for a class action lawsuit against the manufacturer.

I would like to know your thoughts on this.

Thanks
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murphy0267



Joined: 28 Dec 2008
Posts: 9

PostPosted: May 15, 2009 12:55pm    Post subject: Count me in! Reply with quote

Dave,

I have been in the IT industry for over 20 years and have never encountered such poor "customer service" and product performance. I have given ComOne ample leeway in their lack of response to my contact attempts, but like you, I am tired of reconfiguring the radio (not to mention the batteries that have failed from day 1).

Count me in and let me know if you need assistance!!!
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reject



Joined: 22 May 2009
Posts: 1

PostPosted: May 22, 2009 12:35pm    Post subject: Reply with quote

Cost bandwidth.

If the bandwidth is small that means not lot of people will get on. The BBC stop shortwave radio service to the states do to more bandwidth is needed.



You must make sure the radio link is good. Some time you will fine a good link go bad. There is a firmware update for radio and may help the battery problem on webpage. Do a search on the the radio to fine update.

The online software is able to talk to the radio. If they do software update may make the radio station links change. So go to the webpage and setup you account and get it talking to the radio.

So this is not the radio problem.
I wish get it working for car and sat radio will go byebye.
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Mars Mug



Joined: 04 Aug 2008
Posts: 20

PostPosted: May 24, 2009 3:28am    Post subject: Reply with quote

I have had no problems at all with the WiFi connection, playing for hours at a time. There are a great many factors that affect the quality of a WiFi connection so can you be absolutely sure it's the ComOne at fault, can you prove this?
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Dave



Joined: 15 Apr 2008
Posts: 25
Location: North Fork, Ca

PostPosted: May 24, 2009 4:13pm    Post subject: Reply with quote

At this point, I cannot be absolutely sure that the product is the problem. However, one should remember that the product is not just the radio but includes the support, radio stations that are listed and communication. It would also include any other essential aspects of the product and service, explicitly or impliedly, that makes this product what it is supposed to be.

Some may not have problems or very few of them but there is an awful high percentage of users who had indicated their displeasure with this product. That is the first indication that something is wrong.

The next step would be to retain an expert or find any user who is an expert in this field and can conduct the necessary testing. If that points to a problem we can move forward.

The laws in California and includes causes of action for the usual fraud, negligence, or contract causes of action for breach of the implied warranty or explicit of merchantability or the. There are numerous other remedies that can be sought.

At some point we would want to talk to an attorney who specializes in this type of technology and in class-action suits.

I am still looking for input both positive or negative.
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Mars Mug



Joined: 04 Aug 2008
Posts: 20

PostPosted: May 24, 2009 6:17pm    Post subject: Reply with quote

Dave wrote:
but there is an awful high percentage of users who had indicated their displeasure with this product. That is the first indication that something is wrong.


How can you know this without knowing the sales figures, how do you know how many people don't have a problem?
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Dave



Joined: 15 Apr 2008
Posts: 25
Location: North Fork, Ca

PostPosted: May 24, 2009 9:13pm    Post subject: Reply with quote

You learn the information you mention by research and determine if there is supporting data in the public arena. The better way can be thru formal discovery. That is by making a demand for production of documents or/and send interrogatories. There may be other procedures to obtain this information from com one that I am aware of since I do not practice in that area.

How do know that that there is not a big problem. Look at the comments on this site and determine the ratio of complaints to I love this thing.
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Mars Mug



Joined: 04 Aug 2008
Posts: 20

PostPosted: May 25, 2009 4:33pm    Post subject: Reply with quote

Dave wrote:
How do know that that there is not a big problem. Look at the comments on this site and determine the ratio of complaints to I love this thing.


But as is common with many websites of this kind, people tend to join a forum such as this when they have a problem, people are less inclined to join a forum (or even look for one) to say ‘hey this is a great product’. I for example only came back here in the last few days because I can’t remember how to fully configure Firefox to work with the online station list.

You said in your initial post;

Dave wrote:
I am tired of this radio. It frequently loses its wifi connection. I spend time finding a station that has the program on that I want to listen to and with in a few day I get the overloaded across the screen.


I have none of those issues yet have exactly the same product. As an engineer I understand the multitude of problems that can cause the issues you have with a wireless network, which is a bidirectional radio communication system. The Phoenix could be at fault, but there are many other possible reasons why you have a poor experience with the product. So all I am suggesting is that you may not have either the technical evidence to show that the product is at fault or the statistical evidence to suggest that a significant number of items are considered faulty by users.
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Dave



Joined: 15 Apr 2008
Posts: 25
Location: North Fork, Ca

PostPosted: May 25, 2009 5:06pm    Post subject: Reply with quote

You are absolutely right. A lawsuit like this is expensive because it is expert in intensive. It takes a lot of time and paperwork to prepare the case for trial. But that's why there is discovery from the other party. At some point, if the evidence doesn't develop then the ethical action is to dismiss your lawsuit.

An alternative remedy is for those who have had problems to file a small claims court case which usually has a maximum limit of $5000-$10000. That is plenty to cover the radio. However, generally you can check the secretary of state's office to determine who has been designated by the company to receive service of process.
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Mars Mug



Joined: 04 Aug 2008
Posts: 20

PostPosted: May 26, 2009 1:23am    Post subject: Reply with quote

Dave wrote:
An alternative remedy is for those who have had problems to file a small claims court case which usually has a maximum limit of $5000-$10000. That is plenty to cover the radio. However, generally you can check the secretary of state's office to determine who has been designated by the company to receive service of process.


That’s what we would do in the UK. For the first six months after purchase the onus is on the supplier to show that the device meets it’s specifications, after six months the buyer has to demonstrate that it does not. If the problem is something like unavailability of an online server rendering the product useless (or heavily degraded) then the court would most likely grant a significant refund to the buyer. This all applies for up to 6 years after purchase, but it applies between buyer and seller, there is no contract between buyer and manufacturer (unless the manufacturer is the seller). However a manufacturers warranty once offered is legally binding.

Another option if the company is still trading is to contact the Office Of Fair Trading (OFT) to make a complaint.

I am not trying to ‘rubbish’ your suggestion of a class action, and to be honest know very little about how that works, but I see difficulties in providing the necessary evidence especially when there are people like me who have no problems (though that could quickly change of course if that server disappears).
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Dave



Joined: 15 Apr 2008
Posts: 25
Location: North Fork, Ca

PostPosted: May 26, 2009 9:24am    Post subject: Reply with quote

As you probably know the English common law is the basis for most of our common law here in the US. No better basis could there be. We have made one trip to London for 25th wedding anniversary and I would've liked to experienced some of your legal proceedings. Unfortunately, that was not too interesting to my wife. So, I didn't make it to any court proceedings.

As I have watched this topic developed I am beginning to conclude that either most people's problems with the radio are small or have been resolved. The basis for this is that so few people have indicated an interest in going forward this way.

Here in the United States we have just finished celebrating Memorial Day. This is a day of remembrance of all our service people who have died in war. Let us now remember all those who are still in harm's way and whose lives are in danger.

Long live the Queen and United States. And those French, we are still waiting to see how they turn out. Okay, have a sense a humor.
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Mars Mug



Joined: 04 Aug 2008
Posts: 20

PostPosted: May 26, 2009 3:42pm    Post subject: Reply with quote

Dave wrote:
As I have watched this topic developed I am beginning to conclude that either most people's problems with the radio are small or have been resolved. The basis for this is that so few people have indicated an interest in going forward this way.


The place is like a ghost town, I don’t think we can conclude anything from posting patterns here. Rolling Eyes

Dave wrote:
Here in the United States we have just finished celebrating Memorial Day. This is a day of remembrance of all our service people who have died in war. Let us now remember all those who are still in harm's way and whose lives are in danger.


I agree, most of my work is in defence so I get to meet a lot of these people. Wink

Dave wrote:
Long live the Queen and United States. And those French, we are still waiting to see how they turn out. Okay, have a sense a humor.


Thank God for Americans and their sense of humour, shame about American spelling though, given another couple of hundred years you might get it right. Razz
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