 
ninjatutle
You can keep the "change"
join:2006-01-02
San Ramon, CA | Cost of doing business Someone is always trying to gain a windfall via lawsuit. | |
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ninjatutle
You can keep the "change"
join:2006-01-02
San Ramon, CA | Re: Cost of doing business I was watching a segment about Walmart on CNBC a while ago. They said Walmart gets about 30 lawsuits a day. Thats over 1 an hour  | |
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BPX9918lA
@cox.net
| said by wxboss  :Doesn't AT&T offer a 30 day trial period on new activations (assuming the plaintiff was a new customer). Either way, there is still a window of opportunity to get another phone or cancel the contract. Apple passes on to AT&T a 15% restocking fee, even within the 30 day trial; so unless you get a rogue employee (or overly nice one) you'll pay that - the nice ones will take that 15% off your replacement phone. | |
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asfasf1asdfas
@mindspring.com | Re: Cost of doing business 15% of MSRP? Isn't iPhone MSRP like $1200 or some crazy price? So 15% is $180. | |
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| james
join:2001-02-26
antarctica
| Companies are always trying to make more money via exaggerating in their ads.
I do agree that no individual should be able to sue for the actions of a company that affect everyone, the government should be required to step in and investigate, and the money should go into a fund to finance later lawsuits and investigations. | |
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wxboss
This is like Deja vu all over again.
Premium
join:2005-01-30
Jacksonville, FL
clubs:
 ·Comcast
| Re: Cost of doing business said by james :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.
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"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 | |
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| | | james
join:2001-02-26
antarctica
| Re: Cost of doing business 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? | |
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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
 ·AT&T Southwest
| Re: Cost of doing business 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.
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"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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ninjatutle
You can keep the "change"
join:2006-01-02
San Ramon, CA | Re: Cost of doing business You must be the one who submits all those comsumerist articles here. | |
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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest
| Re: Cost of doing business said by ninjatutle :You must be the one who submits all those comsumerist articles here. You must be one of those Corporate shills that posts everything here defending Corporations left, right and center....
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"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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| BF69
join:2004-07-28
Camden, TN
| said by ninjatutle :Someone is always trying to gain a windfall via lawsuit. or gain a windfall via deceptive marketing. which is worse? Hmmmm. | |
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antwanp
ObamaBiden 2008 I voted, did you?
Premium
join:2002-05-14
Cedar Hill, TX
clubs: | Re: This is California... you can sue over almost anything here That and Texas being home to patent lawsuits... | |
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Hazy Arc
join:2006-04-10
Greenwood, SC | I Wonder... ...if anyone is offering an anti-virus app in the iPhone App store.  | |
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moonpuppy
join:2000-08-21
Glen Burnie, MD | Apple's new slogan Lie Differently.
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osxtasy
join:2008-07-03
edit:
December 3rd, @03:06PM
| It "JUST WORKS" It "JUST WORKS"  LOL
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Dogfather
Altitude is your friend
Premium
join:2007-12-26
Laguna Hills, CA | Re: It "JUST WORKS" That didn't take very long. Guess they spend all day with these witty original zingers on their clipboard just waiting to CTRL+V. | |
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osxtasy
join:2008-07-03 | Re: It "JUST WORKS" x2 (add me to that as well)
I like you Hazy Arc, keep up the good work!!
PREACH ON BROTHER! | |
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join:2008-02-13
Hingham, MA
| said by Dogfather :That didn't take very long. Guess they spend all day with these witty original zingers on their clipboard just waiting to CTRL+V. A shame, the iPhone owners have no copy and paste to paste their own responses,
(Just joking around, of course) | |
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Dogfather
Altitude is your friend
Premium
join:2007-12-26
Laguna Hills, CA
edit:
December 3rd, @05:11PM
| Re: It "JUST WORKS" Oh, snap! | |
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DannyZ
Gentoo Fanboy
Premium
join:2003-01-29
Erie, PA | Broken link the video comparison link in the summary is broken | |
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| mlundin
join:2001-03-27
Mishawaka, IN | Re: Broken link works fine for me. | |
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nnaarrnn
join:2004-09-30
Nitro, WV
·Suddenlink
| They're not that great A client of mine "upgraded" from a Blackberry to an iphone, and totally hates the iphone. Can't forward txt messages, can't create distribution groups for email or txt messages, it can't sync notes from the exchange server. It's still not a business phone (not that I would ever belive Apple could put out a business product) | |
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jmn1207
Premium
join:2000-07-19
Reston, VA | Ludicrous Speed! *All downloads performed on a closed network using a professional internet surfer. | |
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russotto
join:2000-10-05
Collegeville, PA | Puffery It's a fairly conventional defense against false advertising, that the claim was mere "puffery" not meant to be taken literally. | |
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jmn1207
Premium
join:2000-07-19
Reston, VA
 ·Verizon FIOS
| Re: Puffery said by russotto :It's a fairly conventional defense against false advertising, that the claim was mere "puffery" not meant to be taken literally. Too funny! Is that the defense used for those pills that claim to make your banana bigger? Puffery! | |
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Mchart
Super Joe
join:2004-01-21
Gurnee, IL
·RoadRunner Cable
·AT&T Yahoo
edit:
December 3rd, @03:25PM
| Wow. Now, i'm well aware that advertisements are not fully representive of the truth. However, to come outright and lie about a product like this - And then fully admit it is absolutely rediculous. The ad in question was selling the product for it's speed of loading / interface speed. Yet, the product in question is not this fast. Never was, never will be. Your average person would goto the store and buy the iPhone based on this advertisement. Your average 'reasonable' person would make this mistake.
I've haven't liked Apple for quite a while. I bought the iPhone because it truly is a superior device. However, to outright lie like this, and then blame the consumer for beleiving their lie is rediculous. Shame on Apple. I hope they loose a lot of money for this.
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THIS IS SPENCER. MISSION ACCOMPLISHED - I HAVE JOE. RETURNING TO BASE. | |
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jsz0
join:2008-01-23
Jewett City, CT
·Comcast
| Re: Wow. The demo in the video has been successfully completed on 3G in 42 seconds. So a 12 second difference. Is it a big deal? I don't know. Depends on the consumer.
I went to Taco Bell and the food looked nothing like it did on TV.
I started drinking Bud Light but I don't seem to be any cooler or hip.
I chewed some Dentine Ice and it did not start snowing.
etc. | |
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Mchart
Super Joe
join:2004-01-21
Gurnee, IL
·RoadRunner Cable
·AT&T Yahoo
edit:
December 3rd, @04:44PM
| Re: Wow. said by jsz0 :The demo in the video has been successfully completed on 3G in 42 seconds. So a 12 second difference. Is it a big deal? I don't know. Depends on the consumer. I went to Taco Bell and the food looked nothing like it did on TV. I started drinking Bud Light but I don't seem to be any cooler or hip. I chewed some Dentine Ice and it did not start snowing. etc. If you actually own the iPhone 3G - You would know that it is nowhere near as 'zippy' as they show it in the commercial. Like I said in another post - I know it's an ad. It doesn't fully represent the truth. However, the fact that Apple said 'No reasonable person would expect such a thing...' is being arrogant as all hell. Of course, I guess I should expect as much from mApple. | |
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PolarBear
The bear formerly known as aaron8301
join:2005-01-03
Riverside, WA
·CableOne
| Re: Wow. said by Mchart : Of course, I guess I should expect as much from mApple. Next they'll claim their headquarters are at the bottom of the ocean, then get out of it by saying no reasonable person should believe that.
+1 for reference, man! | |
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Gilitar
join:2000-11-20
Mobile, AL | At least it works Apple's stuff just works.
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morbo
Complete Your Transaction
join:2002-01-22
00000
clubs: | Re: At least it works said by Gilitar :Apple's stuff just works. you are missing the point. | |
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| | Gilitar
join:2000-11-20
Mobile, AL
·AT&T Southeast
| Re: At least it works said by morbo :said by Gilitar :Apple's stuff just works. you are missing the point. No I'm really not. Microsoft has ads showing computers running Vista without problems.  | |
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Titus Pullo
I came, I saw, I slept
join:2004-06-26 | Amusing watching Apple become its own worst enemy.
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Mr Matt
join:2008-01-29
Eustis, FL
·Comcast
| AT&T and Apple should open a bologna delicatessen Both Apple and AT&T are B.S. artists. Apple puffs the performance of the iPhone and AT&T puffs the performance of their network. I live in Central Florida and have had to let a friend use my Verizon handset because there was no signal for their AT&T handset, when they had to make an urgent call. This happened more than once, in different locations. | |
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Dogfather
Altitude is your friend
Premium
join:2007-12-26
Laguna Hills, CA | Re: AT&T and Apple should open a bologna delicatessen And what wireless provider doesn't blow smoke up their ass? Whether it's more bars or "unlimited" data, it's all bull. | |
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See 6 replies to this post |
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Ope
join:2001-02-11
Richmond, VA | Video Camparison If that Video Comparison is correct... then the advertising is 3 times as fast as real world?
In my opinion... AGAIN my opinion...
That's a bit much. | |
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TCub
impossible
Premium
join:2008-09-03
Olmsted Falls, OH
clubs:
·Cox HSI
| Re: Video Camparison said by Ope :If that Video Comparison is correct... then the advertising is 3 times as fast as real world? In my opinion... AGAIN my opinion... That's a bit much. I've seen that video and they must not be getting good reception because I can testify, with full 3G service my browser is definitely not that slow! Not as fast as the commercials but its no where near that slow! | |
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TCub
impossible
Premium
join:2008-09-03
Olmsted Falls, OH
clubs:
·Cox HSI
| Other companies don't "lie" When I see internet advertised at being 3 mbps and I get it and run a bandwidth test and it doesn't come back 3 mbps, can/should I file lawsuit? Hell No!
Speeds are ALWAYS exaggerated in advertisements. This is nothing new. And the fact is, the actual product, though definitely not as fast as in the commercials is still pretty damn fast. Nothing I complain about, which leads me to believe these people are just out to make a quick buck.
I'm not saying I like companies "lying" to me, but again they've only 30 seconds to sell you their product and how often does this stuff work as well as in the commercial?
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one man's burden playing on my mind
one man's burden got me just in time | |
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TigerLord
Resident Pentaxian
Premium,Mod
join:2002-06-09
Chicoutimi
·Videotron
·Bell Sympatico
Host:
International Broa..
Videotron
| Re: Other companies don't "lie" That's not the point.
Internet is a service that delivers "up to" 3mbps, is advertised as such, and frequently, the fact the people cannot achieve such speeds is because they live too far from the CO, bad cabling, etc... ie. not the provider's fault.
However, there are PLENTY of people who will get the 3mpbs.
In this case, Apple is selling a product and putting it all on speed, the whole AD claiming how fast it is and showing the execution of tasks what in RL could NEVER, under any circumstances, achieve those speeds. Much different.
Then again I've looked at your post history, most of it in the Apple forum, and you seem to be a biased Apple fanboy, arguing against anyone who have something bad to say about Apple or report a negative experience.
You need to see beyond your love for the brand and be objective here. | |
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TCub
impossible
Premium
join:2008-09-03
Olmsted Falls, OH
clubs:
·Cox HSI
| Re: Other companies don't "lie" Haha, your really taking this seriously? Looking through my post history and all?
I'm not afraid to admit it, I'm an Apple fanboy. What's the problem? I don't "hate" everything else. I just use Apple primarily because it's something I'm familiar with and it works for me. I have absolutely nothing against other companies, in fact I have a good amount of respect for Microsoft with all the hardware and software they build (things outside of Windows).
If Apple said, "This is exactly how your iPhone will act!" then I'd be pissed, but they don't mention that anywhere. If you don't know to take commercials with a grain of salt thats your issue for lacking common sense. When I see a commercial for anything I don't assume it's going operate exactly how they show it.
Especially something like a cell phone and network speeds, thats AT&T, not Apple. If you read my post you'd see I made a statement based off my observations, nothing fanboy-ish about it.
If you wanted me to make a fanboy statement I could have said something like... "How could anyone sue Apple? They're the greatest company in the entire world! Everything they make is perfect including the iPhone! Theres absolutely NO issues with the iPhone what so ever!"
....Pfft, yeah right! | |
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| | | james
join:2001-02-26
antarctica
| Re: Other companies don't "lie" said by TCub :If Apple said, "This is exactly how your iPhone will act!" then I'd be pissed Unless they specifically state that their demonstration is NOT what you will get, then it is implied that what you see is what you get. Notice how EVERY other product out there says "time lapse 30 mins" or "dishes pre soaked for 10 mins" because they know that people will expect to get what they are shown unless they are informed that it's just compressed to fit into the 30 second commercial, and even then they will get complaints but are protected because of the disclaimer.
Considering the rate that technology advances these days, it's not that out of line to expect the iPhone to be so advanced that it actually performs as in the commercial, especially considering how "amazing" and "advanced" the iPhone is supposed to be. | |
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Titus Pullo
I came, I saw, I slept
join:2004-06-26
·Embarq
| said by TCub :If Apple said, "This is exactly how your iPhone will act!" then I'd be pissed, but they don't mention that anywhere. If you don't know to take commercials with a grain of salt thats your issue for lacking common sense. When I see a commercial for anything I don't assume it's going operate exactly how they show it. That's the old "the other guy did it so that makes it ok" argument, which is based on moral relativism (and fallacy).
Must of us know and agree with the principles of caveat emptor (if we have a lick of sense) but that doesn't excuse any company from gilding the lilly when advertising a product; it's like selling snake oil cure-all. Somewhere, sometime, someone has to draw the line and call companies out on this sort of BS. If it's Apple, so be it. I don't care what company it is.
Apple shouldn't represent something as such (video representation) and then when called on it, make the speciously disingenuous argument that "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact ..." That's one steaming pile if I've ever smelled one. The argument implies the relative meaning of "reasonable persons" and goes further by suggesting how that person should "reasonably" interpret Apple's intent. That's for a judge or jury to decide; not Apple.
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No to ESPN
@comcast.net | EXTRA, EXTRA, EXTRA - NEW LIE News Flash:
A new great lie has been added to the original three Apple Computer announced today. The fourth great lie is:
You believe what I told you? | |
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asdfasdf3212311
@bell.ca
| Most people think computers are magic ...it's true. I know so many people that thought the first wireless laptops could get tube happy in the middle of a baseball stadium....wanna know why? Cuz the other tube (tv) told 'em they could. I had tons of orders for "those laptops that can go on the Internet from anywhere"...and do you also wanna know how many of them I had to disappoint? All of 'em.
Joe Sixpack has no idea how computers work. He gets his ideas about how new stuff works from TV. Yep. It's true. Joe Sixpack is clueless to the lies. He simply cannot know how reality operates in all fields. If you are a techie and can't grasp the idea, you aren't worth the crumbly food-infested keyboard with which you type.
SO. If Apple demonstrates "how easy (and fast) it is" to surf said tubes on their phone, most people will believe it. It's not the consumer's fault. (well, actually, I believe it is. I spend the time to investigate and research every purchase I make...cars/car repairs, computers/electronics, furniture, travel/trips...and I'm skeptical...that helps, too. That's not to say that everyone else can, or should have to do the same...it just means that I don't suffer from "Awww man, I can't believe this doesn't work like on TV!?" like everyone else I know.)
Tangent: I find it even MORE pitiful when companies like LG and Samsung show "simulated" screens on THEIR TVs/monitors in commercials. How pathetic do their marketing guys have to be to overlay a super-crisp image on their shit, just to write "screen image simulated" in a 3pt illegible font at the bottom of a white screen in sliiiiightly off-white typeface?
Oh, and the bullshit shoveled into everyone's house from the cell phone companies about how ZOMG VIDEO works via cell phones...I didn't believe it...they showed "simulated" video that you could download and watch on your cell...in the commercials it was apparently hi-res full motion video.
AS IF! In reality 3 fps doesn't constitute video. That's a slide show, and the sound was terrible... OH, and the best part...it was edited "clips" of SELECTED news casts. Not anything near what any REASONABLE person would have expected from their ads.
Yeah, sign me up....how long did that last? However long it was, it was too long. And I hope whoever came up with that idea had to pay those companies back the money they lost on that.
Back to what some dude said above me --> If a company advertises something, and if it isn't close to reality, it should be CLEARLY disclaimed...otherwise, they deserve to get robbed of their profits, and prevented from continuing the misinformation/misrepresentation.
And by the way, to the other dude that has no idea why class-action lawsuits exist: They exist for the aforementioned reason....namely to prevent companies from profiting from perpetuating misinformation/misrepresentation. False/misleading advertising has to stop, but I doubt it ever will until everyone sues them into submission. Corporate America gets the picture when their bottom line is hit, and can't pay themselves multimillion dollar bonuses whenever they want. | |
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Apple: Who Believes Our Ads Anyway?
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Ironic