Ticked XDA Member Files Class Action Lawsuit Against Samsung, T-Mobile Over Froyo

Things just hit the fan (sort of): an XDA member – MicBeast, to be exact – has filed a class action lawsuit with firm Edelson against T-Mobile and Samsung over violating the law of “Unfair and Deceptive Consumer Business Practices” due to the lack of updates for the Samsung Vibrant. Here are his claims:

they have continuously lied to us about the hardware, and software reliability of this phone, they promised us updates (to 2.2! Not the functionally dead JI6 2.1!) over and over, NOW they plan to release NEW galaxies without updating the old ones they currently have. The GPS is clearly a hardware defect. There are just too many issues with this phone and the Customer service reps have been combativeeven bullying and threatening customers!

a clear violation of US law

He’s undoubtedly referring to the as-of-yet unconfirmed rumor we reported about the other day that said Samsung and T-Mobile were purposely holding back an official upgrade to Android 2.2 until their Vibrant 4G has been released. (We were not the originators of said rumor.)

Do you guys think he has a case? Class action lawsuits almost never work, but I’m speaking based on cases where money is usually sought after: this gentlemen just wants his Android 2.2 and a working GPS. Edelson certainly seems to think so as he’s confirmed they have taken on the case. If you believe he has a case, will you join in? [XDA via AC]

Continue reading:

TAGS:



  • dork

    really? waste of money.

  • Damon

    maybe a waste of money..(who knows) but at least it will garner attention.

  • anon

    Don’t think this is about money. He is pissed, and he isn’t alone. At least this is a creative way of highlighting Samsung’s bad / possibly overly greedy approach to delivering Android updates.

  • Chuck

    People will not say it was a waste of money if he makes enough noise and 2.2 gets released.

  • NiiDiddy

    I am in. This should have been done with the Behold II also. It’s about time someone too this seriously and did something about it. I don’t care whether he wins or not; it at least brings “awareness” and keeps manufacturers and network providers on their toes. Don’t say one thing and do another.

  • Pat

    This isn’t the first time (and probably won’t be the last time) that Samsung has dragged their feet supporting their products. If you bought one of their early Blu Ray players like I did, a class action suit might be your only chance. I guess the difference is that a firmware update was necessary to, you know, actually use the Blu Ray player, whereas an Android phone will still at least function on 2.1. I don’t think I’ll be buying anything from Samsung ever again.

  • JR

    this tell you android needs to solve this and work with oems!!! maybe it be good that someone takes them to court and stop jerking people around..

  • Darrick

    I think the goal of such a suit is two fold: 1 – Aquire the compensation you seek (2.2 and GPS here); 2 – Cost the corperation you are sueing loads of $$ in lawyer and court costs, and negative publicity. Regardless of the outcome of the compensation, the second goal will be easily reached. Perhaps they will make T-Mobile and Samsung think twice about how they treat their customers in the future – and that may be enough.

  • http://phandroid moises

    is his right, and if feels he been lie to then go ahead, am for one got my 2.2 froyo month’s ago, i know is not the official one but this roms just mite be better than the official one.

  • Darkseider

    Personally I hate lawyers and lawsuits. In this particular case those I will make an exception and hope that either or both Samsung/T-Mobile get run over the coals and beaten into submission. The release of the Vibrant 4G is proof enough that Froyo exists for the current Vibrant and is not being released.

  • GPL

    It’s good in the sense it may get shareholders to have a look at the decision making practices of the company. If the allegations are found to be true, it can have a negative effect on the perceived value of the stock, and shareholders get very angry when that happens.

  • Adam

    Thank you! We have been deceived and everyone knows it. This wait is absurd for something they said would be around sooner than later. I hope this will bring about some change and much needed publicity.

    Does the guy have a case? Probably not since Samsung never gave a dated guarantee (that I know of), but thank you nonetheless. Hopefully something will come out of this.

  • http://ohno.com HA!

    All of us who purchased Vibrants deserve free upgrades to Vibrant Plus.. that is the phone our Vibrants should have been!

  • CLH

    If he has that kind of money to waste, why doesn’t he just go out and buy a new phone that has 2.2. He’d probably save money in the long run.

  • Joe

    Maybe if the hardware manufacturers would concentrate on the HARDWARE we wouldn’t be in this fragmentation/update conundrum every time a new version is released. It’s frustrating, to say the least.

  • gokartracer5

    If only they could add the AT&T Captivate to the suit…

  • Jeremy

    I totally think he should sue. It is ridiculous how quick these phones go out of date. The manufacturers and carriers aren’t upgrading them quick enough either. Sprint released the Epic months ago and it still has no Froyo. Imagine if you bought a pc or mac and they never updated it. Google needs to start bypassing the carriers just like you do on your home computer. I hate all that demo junk anyway you can’t delete off of “your” phone.

  • Allan

    They should add all phones with Android 2.1 and add Verizon to the suit, there are too many bugs in 2.1 for it to still be in production.

  • gad

    The issue is not if he loses,but the attention it gives to the horrible way samsung and a few of these OEM’s treat their customers.
    SE is learning the hard way.If samsung continues this way they’ll wish they were more responsible.

  • ksizzle9

    I think he has a valid case as there are four other galaxy phones in four other carriers WITHOUT froyo. If you guys remember Samsung was forced to give the behold 2 1.6, in the same sort of circumstances. I wasted a lot of hard earned money on this peace of shit.

  • http://blog.trinition.org Brian J. Sayatovic

    I’m in the same boat with my Motorola Cliq from T-Mobile. I was told time and time again it’d be getting Android 2.1. Now it has Android 2.1* where the asterisk means crippled because it doesn’t have multitouch and it doesn’t have live wallpapers. Perhaps trivial in some people’s minds, but not mine! This isn’t a Samsung/T-Mobile problem, this is a smartphone industry problem.

  • Curry

    This guy gets the ‘Balls of 2011′ award, Standing up to Samsung like that is absolutely awesome, and I have a feeling that this will get Samsungs attension, and if he wins, Samsung will be absolutely blacklisted, and they will face the concequences once it hits the news. I give this guy some major props.

  • elijahblake

    GOOD FOR THESE GUYS!!!

    So how about the rest of us Galaxy S users follow suit!!!

  • Epell

    Why don’t you include all owners of Samsung android phones?
    None of the Samsung android phones have good update support.
    As far as I remember, all of them were promised update, almost all of their updates were delayed over and over again.

    I for one am pissed off.

  • Jae

    This could actually work!

  • voldemort

    buy a new phone

  • Aaron

    I hope he wins because I’m a Nexus One owner and with dual cores coming out I’m about to jump from my beloved N1. This problem seems to be an on going issue with all of them. Google needs to step up and require vanila android for all.

  • Senor salinas

    We all of us who has a galaxy s phone ,please make yourself be heard! One way or another

  • Danny

    Good. This will give Sammy bad press and finally get them to get off their butts and deliver the updates they promise. This will also ensure that in order for them to avoid bad PR in the future they will be on top of these.

    T-Mobile, the distributor of this model also will want to avoid bad PR and equally apply pressure to their partner manufacturers to step up their game or face similar recourse.

    I love T-Mobile and think Samsung has a lot of promise but a lack of updates especially to early adopters who spend a lot of $$$ on these gadgets really leaves a testament to the Android ecosystem. If Google is correct that an Open Source OS will be spurred by competitive pressure perhaps this is the heat they need to step it up?

  • Jonathan

    I’m sorry, I guess I missed it. What’s the crime again? At what point did Samsung promise to update firmware at all?

    As much as it sucks, software updates are a privilege, not a right. I am certainly NOT defending Samsung by saying this, but when you purchase a product, the manufacturer has no obligation to update it at ALL. Besides, it seems like Samsung’s beef isn’t with updating the phone, it’s trying to figure out how to do it so that it will still work without requiring a system wipe. They have no problem releasing a new phone with it because it doesn’t have all your personal data on it to potentially lose out of the box.

    Now, had he made his case specifically regarding a hardware problem with the GPS, he would have had a much better shot, and even then the case wouldn’t go anywhere.

  • 3 Phones

    Hackers suing a Manufacturer? Am i reading that right? please tell me im not.

  • 3 Phones

    They do this when you buy cars..why should a phone be any different.

  • behold_this

    All you suckers that bought into samsung’s lies and bought a vibrant deserve what you got! You could have learned from the behold 2 and galaxy (original) update debacles, but you chose to ignore samsung’s track record. No sympathy for you. Many of you called behold owners whiners for voicing the same complaints, well…STOP WHINING!

  • Evan C.

    Someone needs to file a lawsuit against motorola cause of the droid x. They havnt held back updates but they sent out a very shitty verson of 2.2 and didnt fix enough in the update to 2.2.1 . The phone doesnt even perform like the commercials say

  • gokartracer5

    Samsung’s product documentation for the Captivate at least says it will get the update. The desk and car dock require 2.2 to be fully functional, as says so on their documentation. Waiting several months after releasing the product in order to have something as basic as voice dial with Bluetooth devices that was originally promised is what is the basis of the suit.

  • david

    I have two points and a viewpoint, Point One: It does not matter if both or just either are the ones not allowing, I use the word allowing as that is all it is, the GalaxyS to have the latest Android OS. What does matter is that Samsung repeatedly made statements that updates to fix all the issues AND the updating of the OS would be forthcoming over six months ago therefore it is and honor thing. Point two: Both Samsung and T-mobile (as we are only talking about the Vibrant, yet is also the same for the other carriers) by not standing up with respect of their customers and honor of their words and deeds, by making a full disclosure of the facts are at fault. If T-mobile shows its customers respect they would make a statement as to what they have/or are doing to update AND WHEN if they are going to do so. The same goes for Samsung, yet neither have done therefore sadly they BOTH are the problem.

    Better yet, a road map of each devices, before going on sale, as to what version is current and SPECIFIC dates “IF” any updates are to be forthcoming. If they miss that date the phone is returned for any current and any future phone within a set time frame of say six months with no costs to the customer. Would be nice if some politician needed to get elected (re-elected) would put forth such a bill. The public airwaves really do not belong to companies rather are owned by the people (elected politicians decide how to regulate) and NOT THE COMPANIES. If they cannot be fair and honorable than it is time to regulate this! The free market place is only free IF you behave honorably, otherwise, it needs to be regulated. Enough is enough!

  • Bitbang3r

    It’s admirable that Samsung wants to enable upgrades without requiring a total system wipe (god knows, that’s the #1 reason why I get burned out of XDA rom updates and drop out for a few months at a time), but damn, if the hold-up is smooth deployment to the mass public, release the version that works on scorched-earth phones now, and let everyone else wait until the well-behaved version is ready if they can’t deal with blowing everything away for the sake of instant gratification. The lack of a good Froyo kernel for the Epic4G has all but stalled major homebrew rom development for it, because nobody wants to waste weeks working on a custom rom that will be largely obsolete the moment 2.2 finally arrives. Once a real Froyo-compatible kernel for the Epic arrives, Samsung’s future official support will be largely irrelevant to XDA users, who’ll grab it, run, and never look back.

  • Starscream

    Totally hope he wins… this isn’t about complaining just because someone thinks they derseve something.. I saw a comment that said to “stop complaing, Samsung never promised an update” well the desk dock that I purchased that has an audio output that doesn’t currently work with a sticker over it that says, “will function with the update to OS 2.2″ says that they did promise an update when I purchased the phone. I am rooted and I don’t run OEM Roms, but I believe we in the Dev community should stand up for all the people who have no clue what rooting is and in turn, think its Android that sucks cuz the GPS doesn’t work when in fact it is Samsung.

  • Robbert

    @behold_this: It can’t be entirely Samsung’s fault. The normal Galaxy S got the 2.2 update.

  • henry

    Man I’m glad I didn’t get the Samsung epic. Those bastards can rot in hell.

  • CptGemini

    I got tired of waiting myself so I just decided to root and install a custom rom myself now i’ll never want to go back to stock

  • Steven Skwarkowski

    I agree with the GPS issue. That is complete and 100% BS! Even with XDA’s “Fixes” it is still shaddy at best. Its always trying to lock on slowing the phone down and im sure draining the battery in the process

  • Scblacksunshine

    I hope he wins…the reputation of the way Samsung deals with updates on their phone has so far kept me away from any of their phones, hopefully this will at least push them to have better practice in the future.

  • dia mortensen

    I think he would have a better case for the Behold II, since there is video tape made by Samsung saying they would update Android to 2.X when available. They only updated to 1.6 because people made a fuss. Is HTC the only company that reliably updates their products?

  • Chris

    @Jonathan Clearly that’s not the issue here as Samsung has released the 2.2 update for international Galaxy S devices.

  • mtcisme

    This is what you people get for buying a phone from a television manufacturer. They make entirely too many different types of products for them to be able to support software reliably.

    HTC on the other hand….

    http://www.htc.com/us/products#/?view=1-1&sort=0

    I dare you to find something on this page that is not a phone.

  • Randy

    Add the Captivate to the suit or all the Galaxy S phone and I am in on the suit. Samsung seems way to focused on releasing newer products with not on Froyo but also Gingerbread and Honeycomb OSs. It is sad that they do this while the other manufacturers are pushing the updates through. Being GREEDY is going to cost them. They have definitely lost all of my business!!

  • =X=

    I’m in. I will participate in such a Lawsuit.

    Do I think it’s a waste of money, no. Business need to keep their word and be ethical. If a company cannot deliver because they are having technical difficulties it’s one thing. If they are not delivering because they are reluctant, then that is just bad practice.

    Also Samsung promised they would release 2.2 on all these devices soon. They clearly did not have any intent to keep their word. Personally it’s a bad business decision. They might have made lots of sales due to their lies but it will catch up to them.

    =X=

  • http://cyberbulletin.wordpress.com/ Jouten

    33. behold_this

    I guess I’m the only one who loves his Samsung Galaxy S (w/ DocRom 7.5, etc. insert geek stats here).

  • Croak

    It’s a T-Mobile issue, not a Samsung one. T-Mobile has had Froyo release candidates for months now, just like all the other Galaxy S carriers world-wide. They’re the ones delaying the deployment, (along with AT&T, Verizon and Sprint).

  • Berserkr

    Get over it, all its going to do is make another piece of shit lawyer richer and tie up the court system with more bullshit lawsuits. You bought the damn phone live with it or get rid of it. Stop all your fuckin wining.

  • Jon Po

    A bunch of you dumb-asses that bought the phone only got it because of the “Super AMOLED” screen and 16 gigs of internal memory. You all knew it came with android 2.1 but still went ahead and got the damn device. You people paid for the device(most of you who got it for $100-$200)not for android 2.2 or any updates. If you want a better phone than go and buy one, if you cant afford it then get a better job.(or career) I laugh when ever I read these stupid ass posts because SO MANY people are as ignorant as a 2 year old child. Do actual research before buying any electronic device that way you don’t feel like a dumb fuck for purchasing an obsolete product.
    Remember this, Samsung only cares about quantity NOT QUALITY nor do they care about customers as money will always be flowing in through their front door. No one will ever be able to make a difference. It’s like trying to sue a monopoly like G.E, GOOD LUCK WITH THAT.

  • Androdog

    This guy is a loser with way to much time on his hands. I mean really come on, if you got a unit with the gps defect, return it, samsung/Tmo have admitted to the defect and has replaced the broken units. And if you really could not wait for 2.2 why the hell would you buy a phone with 2.1. You should be buying products for what it does and has, not what it may have in the future or could do with an update. If you did your research you would know the track record of samsungs software updates, and for that matter android os updates in general, they are SLOW!!

  • Me

    I’m happy somebody is taking bitch ass Samsung to court. They lied by saying they will upgrade the galaxy s line. Only way Samsung can make it right for tmobile Samsung vibrant owners is to give them a free upgrade to the vibrant 4g. That’s the least they can do. I never wish people bad things but I honestly hope Samsung fails as a company.

  • Randy

    “Croak– It’s a T-Mobile issue, not a Samsung one.” That is not a correct statement. Samsung are the ones that do the OS update pushes to the phones not the carriers. That is why Phandroid keeps reporting on this topic by saying “Samsung released the Froyo update….”. Samsung and the others are the one that control the updates for the hardware. The carriers are only involved to sell the products. To the others, Big Businesses are the ones that need to be brought down a few levels. They need to learn that taking care of the customers that buy their products should be top priority!!

  • casey

    Sanding does not care about there customers so I hope they burn

  • casey

    I ment samsung. I need to pay attention when type.

  • AGx

    Whether or not they ever gave a date for a 2.2 release, Samsung and TMO sold everyone defective hardware. I’m glad I didn’t have the money to buy one at the time because the GPS is an important feature in my G1 and I would be angry if they said it works and I buy it to find that it doesn’t and months later they haven’t fixed it yet they are preparing to release a successor. Do they plan on giving everyone with a Vib a free Vib 4G? If not they better get to fixing that original. But I guess thats how Samsung is. I never had anything against them until now. Thats just bad business but I guess those Koreans dont care.

  • Adrian

    if this is no win no fee, then I think he’s right to do it

  • Ray

    @Jon Po – you should just die.

  • behold_this

    @robbert
    You are absolutely right…its not JUST samsung’s fault. Tmo shares blame here too as their track record is only slightly better than samsung’s.

  • Bigmo713

    I also hope he wins when I bought my Vibrant there was plenty of advertisement stating it would receive 2.2 before the end of 2010. I have friends with Epic 4Gs that are just as pissed. Its been said that Sprint also has 2.2 ready to go but has been told to wait by Samsung.

  • Bigmo713

    Aside from the Behold 2 the Galaxy tab is another good example. it was advertised as being able to make phone calls. Guess what it can’t.(stock) that was supposed to be their advantage over the iPad.

  • vlad

    @croak

    Its not Tmobile’s fault. They pushed out 2.2 for a two year old mytouch 3g! Most htc phones got updates. Its solely samsung holding their updates

  • nemesys06

    all i know, if they offer a sign up sheet for us vibrant owners, i am game. i understand trying to sell new phones, however it has become ridiculous over the last couple years. it’s not even bringing out new phones, but releasing the same phone, with the updates promised to be given to the version you bought. if anything, this sounds like they are trying to form a monopoly. the galaxy s should be the flagship definition of false advertisement. it’s a great phone, however they promise us updates and new features, hold out on giving us those updates, just to release the same exact phone, with one new feature and all the updates they promised us. on top of that, the j16 update did fix my gps kind of. it still goes haywire at times, and they killed my battery, my gallery freezes, and my phone in general freezes on a regular basis since the update. now, i have to pay another $500 for a vibrant that has everything samsung and tmobile promised us from the very beginning?

  • defected.saint

    I currently use te Epic which basically puts. Me in the same boat, hell all galaxy s users are. As far as the stop complaining samsung never stated they would upgrade the galaxy s phones, I call BS. Samsung and every carrier has said numerous time times there would be a prompt firmware update and not to worry. The phone will be updated. So sorry to burst that bubble. But I hope he wins, this was the one thing I was concerned about switching from an iPhone. Updates, you get all of them with apple. Sprint and samung are proving my worries true, once you get the phone its F you.

    Which is why I finally took matters into my own hands. I rooted my Epic, upgraded to 2.2 and installed a custom rom. Phone works 10x better than it did out the box. I’ve had no problems with it and my phone is prime and ready for any future unofficial updates. These are badass phones, even if carriers and manufacturers ont update them. The community will, and that’s what I’m banking on. It shouldn’t have to be that way but that’s how it is. Everybody should just root and update their phones. Backup your data, root/update and reload it. Not hard. If people did this, it would send a clear message to carriers and manufacturers. Update our phones or we’ll do it ourselves. And they do not want that on a large scale. It makes them look seriously bad as a company and gives tons of bad publicity. If most of your users are using modded devices what the hell is the company doing, especialy for such new devices. Looks real bad, not to mention the negative word of mouth people will spread. So root your phones and update. Don’t let samsung and your carrier F you, you F them. They will take notice.

  • Josh SIms

    If he has enough money to do this then more power to him, I would love to have taken At&t & T-mobile to court for releasing Galaxy phones with higher 2.X. Even if this doesn’t go through, maybe it will show Samsung and other carriers how much they have messed up and how this may be the first step towards failure. The only way to make a successful business is to please the customers. No matter what. Samsung has the mind set that they are to big to fail now. They are wrong, the bigger they are, the harder they fall!

  • Bob

    Don’t know about T-Mobile, but this should have also been done against Samsung concerning the Moment (SPH-m900). Bad hardware & bad updates.

  • Chris

    Good luck to this guy. My Gps on my Epic is accurate to 3 meters, thanks to xda though. It is disappointing that the Vibrant 4g rumor may be true.

  • UncleMike

    @Darrick: “Perhaps they will make T-Mobile and Samsung think twice about how they treat their customers in the future – and that may be enough.”

    I hope this makes people think twice about becoming (or continuing to be) a T-Mobile or Samsung customer in the first place.

  • J.J.

    @Jon Po: If these posts are so stupid why are you wasting your time commenting on them? Gotta love trolls, it wouldn’t be good post about android without them. You’re kind of like a cockroach that just won’t go away.

    I for one am all for the lawsuit, it will at least bring attention to the matter. Samsung will at least have to respond and now it’s in the news.

  • tim g

    i think it’s great people are stepping up against samsung. i’m up in canada and had the bell vibrant (i9000m). this phone was also plagued with poor/non existent gps and then they all started crashing due to “internal sd problems.” hundreds if not thousands of us galaxy s users lost all our data in a blink of an eye with no way of recovering anything. i’m still waiting for my galaxy s to be returned to me and i hope samsung steps up and takes ownership over their mistakes and compensate people properly

  • Rod

    NICE VERY NICE!!!!! WHERE DO I SIGN UP? IT IS ABOUT TIME SOMEONE DOES SOMETHING ABOUT THIS.

  • Raco

    This fellow has a valid claim. Samsung is just piece of crap. They need to be taught lesson.

  • http://www.fisheyestudiosca.com Jojie M.

    YES I WILL BE JOINING HIM! THIS IS A MATTER OF PRINCIPAL!

  • Bob

    Wow, another lawsuit against a mobile provider. zzzzz snore zzzzzz.

    Buy a new phone, nobody should be suprised about this.

  • Davis

    I wish they were asking for money, samsung should suffers likes have suffered. Samsung hasn’t given a shit that they sold us broken phones

  • OX

    I think it is a real good idea cause I am tired of waiting for froyo when websites like akaskriller.com easily shows you how to put it on your phone but T-Mobile an Samsung are not doing anything to put it out but they continue to release new phones with updated or new operating systems

  • JoshL

    I’m glad this is happening. Scamsung has had this coming for quite some time.

  • John

    I think suing is a very good move to put pressure on Samsung.
    Remember when people started to put pressure on Vodafone UK about receiving an update on HTC Magic. Now my old phone HTC Magic is running Foryo(official updates, no rooting or roms)same as my Nexus One.
    Its a shame that Samsung Vibrand is not running Froyo, its such a nice phone and the update will really make it even faster.
    I hope companies embarking on the Android way should treat customers better, because a client phone, if it has the capabilities of being upgradable, it should be upgraded.
    Its not release and forget.I opted to go the android way after nokias, because I thought the phones would be getting the same treatment and upgrades as the iphones.
    I would also like to see from different android sites a comparison of how soon the different phone manufacturers update their products.

  • D~C

    With the kind of money we pay these manufacturers and carriers, the phones should come with breakfast in bed every morning.

    Needless to say, I have little faith in these companies. I just try to choose the best of what is out there, based on my needs and wants. This is what lead me to buy an unsubsidized Nexus S for my current T-Mobile plan; Samsung made the hardware and I rely on Google/Cyanogen for the software updates. I’m a generally happy customer/user.

  • BILL PI

    Jonathan THEY MADE A PROMISE to update firmware when they sold accessories that REQUIRE 2.2 to work properly. They sold docks that do not work until 2.2 is released and the sticker on the top of it says so. So that sounds like a promise to me. They have said over and over they will update. where have you been? the carriers also say it so how you can claim they haven’t made a promise to update firmware is beyond me.

  • Rick James

    How any of you Samsung owners didn’t know this was going to happen is beyond me. They have always been like this yet you idiots keep buying their products and supporting them with your money.

    Sure I thought the Galaxy S is a nice phone with awesome hardware but everyone knows Samsung sucks with product support so I bought a HTC because they actually update their products.

    Next year the same idiots will buy another Samsung and again be surprised its not being updated.

    I have zero sympathy for anyone who bought a Galaxy S. Just buy the newer Vibrant with the fixes.

  • jorusfett

    @Aaron I agree with you that Google should just require all manufacturers to ship out vanilla Android on all devices. If they want their apps on the phone, have them create an app that ships with the phone that has a market link to all the stuff they would want people to install with their phones. It’s sort of how T-mobile did things with their app-pack, even though it should have been everything that doesn’t ship with vanilla Android, it was at least a start, but could have been much better.

  • bill pi

    Jon Po I think your the arrogant 2 year old. Do you really think Everyone bought this phone for the SA screen and 16 gig of memory? I shouldn’t have to go waste money on a different phone when Both VZW and Samsung says it would get updated to 2.2 (you see I asked) I also bought devices that DO NOT work because they have NOT updated as promised.
    Do you really just let companies walk all over you? I don’t and you shouldn’t. You must work for sammy or something because I’m sure they would want us to shut up and go buy another phone also. How stupid can you be?

  • bill pi

    Rick James NO one wants you sympathy just what we were promised. Get it!? the reason you didn’t is you knew they were jerks. Good for you, Unfortunately millions didn’t. believe me I won’t buy their shit again and to suggest buying a different Samsung phone is …well stupid do you work for them?

  • Mark

    It’s fu–ing douchebags like this guy that f–k America up. These frivolous lawsuits are whats making America fall apart. This dumba-s didn’t sign any documents when he bought his phone that states he is guaranteed to get a certain amount of updates or there wouldn’t be better phones released after it came out. Just saying that last sentence makes me realize how stupid it really is. If he wanted froyo, 4g, and a ffc then he should have waited for a phone that had these features. I’m sure this shi-head was not forced to buy this phone.

  • http://ohno.com HA!

    how can we start an online petition??? Someone nifty start it up already!

  • Hampteezy

    Nice, I am glad to see this happening. Everyone wants to shake the Samsung tree and now someone is. Even tho it probably wont do anything. Maybe we can get some service from those @ Samsung.

  • fedorafitz

    I have a Samsung Captivate, and I will NOT be getting another Samsung phone UNLESS I see serious changes. The only way to get them to respond is just don’t buy their product. All I have to say is thank God for the XDA developers, I am running 2.2 with the Cognition ROM. But people shouldn’t have to hack to get the updates.

  • SamBam

    I missed the part where someone held a gun to this guys head and made him purchase a Vibrant? Come on, this is stupid.

  • KillerQueen

    This is bull and I’m happy he’s doing it, its the principle that matters. You break, you buy. I’m tired of being a click away from rooting this beauty then being told it’s coming out then it doesn’t follow through. Samsung needs to stop being a hard-to-get slut tease and give us what we want and what we paid for.

  • Jesse

    Get the popcorn ready.

  • Suyash1

    Behold 2 Over again. We bh2 owners warned everyone did we ot?

  • WickedToby741

    Samsung needs to just move to stock Android. Updates would be easier because of the lack of a skin and their phones could still be distinguished by skin because all of the other major phone manufacturers use skins. The fact of having no skin would be unique to Samsung. They’d probably sell pretty decent too because the Galaxy S phones have good specs and having stock Android is appealing to a lot of people on top of faster updates.

  • timmyjoe42

    There is a difference between “promised” updates and contractually required updates. (and who really promised them?) Last year’s devices are already obsolete, and they want to blame the manufacturer for software updates to the operating system. The GPS not working is one thing, but if the device and all the listed features work…I don’t think they have a case.

  • Me

    @timmyjoe42, They may not have a case and may not win it, but they are exposing Samsung for who they are and I think it is a win. We, android users, now know about Samsung bad customer service but they are people out there that thing that Samsung is great. Hopefully they’ll know now. Oh yea @ bill pi, good answer dude, Rick James is an idiot. Talking about gonby the vibrant plus.

  • Steven Skwarkowski

    There are some VERY ignorant posts here. I love peoples VERY outrageous and completely absurd posts:

    “This is whats killing America!”

    “You all are dumb fugs for buying an OBSOLETE(?) phone”

    Wow…just wow….

  • Senor salinas

    Which phone do you have?

  • Steven Skwarkowski

    @99

    If you are asking me…I have a Vibrant…which is why I am posting!

  • Kabob

    I’m so with him. I know his focus is on the Vibrant but all Galaxy S owners have been run through the mud. I look at my Fascinate and compare it to say, the Evo and there is no comparison in “service after the sale.” Samsung may have lost my business in the future with their crappy update process.

    I wish him luck in the lawsuit.

  • Myria

    Given the issues that plague the Galaxy S phones (notably, random shutdowns and stock GPS that is nothing short of a bad joke), and that Samsung has multiple times, in writing, promised fixes and/or Froyo as a fix…

    Defective product + written promises that never materialize?

    Of course he has a case.

  • prpqmnj

    Instead of blaming Samsung for the lack of support, maybe do your research next time and go with a better company for a cell phone. After all, it’s just a phone and every phone has it’s problems, but choose one with a more reliable track record such as Motorola or HTC.

  • spinwizaed

    @suyash1… you are absolutly correct! I have kept the “when android 2.0 comes out, it will upgrade wirelessly” commercial. From Samsung! not t-moble. I swore I wouldn’t buy another Samsung, well I bought the VZW fascinate, A GREAT piece of hardware, Same Sammy software BS though. Thank god for XDA,(thanks guys)My GPS has worked fine within a couple of days of me buying it. Along with many other fixes. What pisses me off is if the elite devs at XDA can root my fascinate and de-bing it inside of 48 hours of it’s release Sept, 2010, it’s Sammy that are the jerks here. but they will be happy to sell you the NEW Galaxy S 4G lte i march! it will only have 2.2 on it!

  • 2FR35H

    Warranty for GPS issues otherwise you all are just a bunch of whiney babies wanting the update.

  • Steves Droid

    How abought all us Verizon Samsung Fascinate customers.
    Samsung Website andf Verizon both said this phone woild been upgraded soon to 2.2 , LIES! Were need to get the word out people.

  • ToastnJam

    Waste of time and money. He doesn’t have a case imo. End of story.

  • WaCaSo

    Not a total waste of time…maybe he can get them (and all phone manufacturers) to release the source code under some copy left license when they’ve moved on and are unwilling to continue supporting old phones/software releases.

    Let the open source community have a whack at it…that would do wonders for their consumer reputation as well. Maybe Google should mandate it as part of the Android license…

    Just a thought…

  • Jonathan_au

    Finding it funny that htc is being presented as bring great with updates. I’m now using a galaxy s i9000t, however I did own a branded htc desire. I received 2.2 months after everyone else due to both htc AND Telstra slowing the process down. Now 2.3 is out, but will htc update the desire when they have the Desire HD? I’m sure the current owner of my desire (brother) would like this, and thanks to t-mod express and the oxygen project, I know it is capable.
    …anyone wishing to see samsung kill off touchwiz though has my support. It has the respectability of TF2’s rubber glove hat for the pyro. On the positive side, my brief stint with oxygen project introduced me to zeam, so touchwiz is nicely covered up ; )

  • David

    Companies can not always be trusted to police their own ethics or commitment to fair trade. Sometimes they need some extra incentive and reminders about who matters, the consumers! I would gladly join this suite if for no other reason then to make companies think twice before acting so poorly!

  • Hans

    The latest mr2 update for the Fascinate fixed my GPS. That goes to show that the GPS can be fixed with updates. There has to be a logical reason that international Galaxy S phones have been upgraded while the main 4 Galaxy S phones in the US haven’t(Telus is closer to releasing Froyo for their Fascinate than any other major carrier).

  • Senor salinas

    @steven ok?

  • Senor salinas

    Promised or not thats bs!

  • Senor salinas

    Is like saying droid and then droid plus,or evo and then evo plus!

  • pax

    You go MicBeast….SAMSUNG SUCKS

  • Genius of the Crowd

    It might work. I remember with my Motorola V710, I participated in a class action lawsuit and won because they advertised the bluetooth as having file transfer support at launch and they never enabled it. Got a full refund for price of the phone and released from contract.

  • gerald

    Really quentyn? Class actions rarely work?? Is that your professional legal opinion? Look forward to laughing at you again, Mr Epic failure!!!

  • Wesley

    Most Android phones (excluding Google phones) only get 1 update to a new version of Android, if they do at all. That’s a fact. It isn’t like a Windows update or whatever. Even HTC only gives 1 update to a new version of Android and they take over 6 months to do it.

    The only phone I ever heard that got 2 updates to new versions of Android was the UK Vodafone HTC G2 and it was because Vodafone wanted it done.

    So yeah it does suck that manufacturers give so little suppport.

    I got a Samsung Galaxy 3. I got their experimental Froyo rom on my phone (can be done without rooting), cause I will not wait for the final upgrade to come and it is working well. GPS is still a question mark.

    It would be nice is manufacturers could commit to at least 2 or 3 upgrades of Android versions for the life of a phone.

  • zcarman

    This is just plain stupid. Nobody EVER says that a phone WILL receive ‘this software’ or ‘that software’ with maybe the exception of the Behold 2 issue, which according to Phandroid was still an outside source that was “endorsed by them” but not made by them…

    http://phandroid.com/2010/05/26/is-samsung-trying-to-take-back-their-word-on-a-behold-ii-update/

    Carriers are very careful in how they word things like update availabilities since you never know what issues might come up with loading an OS on to a device. The basic fact is that most people that would care about the differences between 2.1 and 2.2 are already rooted and running something newer and custom anyways so go back to the drawing board.

    How silly is it that people holding their HTC Evo’s aren’t pissed about not having 2.3 yet? We had 2.2 first, why not 2.3 already? What? 2.4 is being seen in Europe already?

    It’s sad that so many people are thinking that carriers/manufacturers are going to get every update and go – YES! GET IT OUT TOMORROW! for all their devices. I think more and more carriers are going to give the manufacturers a set software package to install and leave it at that. Verizon already has rumors to replace the Text programs with Vcast Text… Sprint has the new ID system… AT&T already messed up the Android stuff…

    We just have to deal with what the phone comes with out of the box and hope nothing ‘too new’ comes out in our 12-24 months of waiting for a new device.

  • FanDroidMania

    This brings a whole new meaning to the word “fandroid”. Also lawsuit is probably gonna be based on the idea of “fragmentation”. Android phones are less fragmented as 2.X will be the current Android OS for phones for a while where as 3.x will probably stick to tablets for a while. Hopefully no more phone releases with Android 1.x like Sony -Ericsson likes to do.

  • ces

    Android 2.1 was installed at the time of sale of the Vibrant. I don’t think an update to 2.2 or above was a binding assurance in the legal sense but a mere statement of possibility. As for an update “soon”, which is a relative term, an exact date to prove when injury occurred seems hard to peg. The update could be on the way. As a Vibrant owner, I hope I’m wrong. I’m rooted to Android 2.2 and being outside of the US, I don’t/can’t use most of the built-in T Mobile apps anyway.

  • ToastnJam

    I actually agree with john po comment 52 I think it was. He hit the nail on the head this time.

  • Dave

    It doesn’t matter if he wins the case. He’s already got all this media attention, now when you search for info on a galaxy device this topic comes up. This will definitely prevent some Galaxy S sales in the US.

  • mol

    @Jonathan – I guess you haven’t been following this, but Samsung indeed sold the Vibrant last summer with an official announcement that 2.2 was coming soon. Many of us would have went with other phones if we knew that was a lie.

  • Jr

    I think its good. He not asking for money so if nothing else it will force better updates. Throw Verizon on there too ..

  • Bobert

    LOL look at the language of that?
    This douche bag will get laughed out of court.
    Get a friggin life!

  • Bobert

    Does this fucktard realize the can of worms he is opening up?
    There is no GUARANTEE of updates!
    This guy is playing Russian roulette.
    What if the cell phone companies simply responded with, “software UPGRADES are optional and there may be additional fees associated if a customer CHOOSES to upgrade”.
    You want a fuckin upgrade?
    Get your wallet out bitches!
    There is NOTHING that says any of these cell phone manufacturers have to provide UPGRADES!!!!
    Infact I hope they start charging!!!!
    They have every right to!!
    This XDA fuckstick needs to get a clue.

  • Bobert

    SIGH….If you take (waste) the time to view that thread over at XDA it appears that this clown is off his meds and in all likelihood this isnt even true.
    Maybe you guys should do some fuckin research before spreading this bullshit.

  • Bobert

    Well here is the lawyers email that this guy claims filing this class action.
    I am sure this lawyer would love to hear from as many owners as possible I mean after all you are the, “class” part of the action
    brichman@edelson.com

    http://forum.xda-developers.com/showpost.php?p=10587077&postcount=94

  • Bobert

    LMAO!!!
    Wow this guy is a lunatic!!
    Way to go there Phandroid with your fact checking!
    Now this is going to probably spread even more!!
    http://forum.xda-developers.com/showpost.php?p=10622534&postcount=344
    Oh ya here is his ramblings:
    “More support for this cause

    people feel the same way as I do about this phone

    http://forum.xda-developers.com/showthread.php?t=874649

    http://forum.xda-developers.com/showthread.php?t=882600

    HERES PROOF THAT SAMSUNG PROMISED ALL ANDROID USERS FROYO BY NOVEMBER
    ALL USERS INCLUDING U.S. OWNERS OF THIS PHONE!

    http://www.examiner.com/gadgets-in-s…nd-of-november

    They clearly said EVERYONE

    Whats really sad is that there is a small group of T-Mo soldiers gathering my address and personal info
    They are making borderline racist statements of a derogatory nature
    Claiming I am a WANNABE White Rapper

    http://Facebook.com/SinistaBeatz

    I have nothing to hide
    Judge me for who I am as a person
    Not by the color of my skin or my chosen career path
    This has nothing to do with this lawsuit

    These people have been
    threatening to do something to me for filing this lawsuit
    They have attacked me time and time again for criticizing T-Mobile
    After they blocked me from their forum
    and IP banned me from their forums
    They had the nerve to gather all my posts,
    and REWRITE them so that I can fit their profile

    I had received E Mail threats from Moderators from forums.tmobile.com
    What they do not realize is that I am a fed up customer like everybody else
    And I did something about it

    They are only trying to demonize me, and defame my character
    they obviously work for T-Mobile
    They have to be working for them
    since they are so dedicated to bringing down my lawsuit

    These people obviously are acting like a bunch of sociopaths hellbent on going as far as they possibly can
    to silence me
    even if they have to kill me I know they want to.
    You can easily see how many people joined JUST TO attack me

    I KNEW I would face this level of adversity
    by fighting such a giant corporation

    These people hate it when someone does something for the people
    These are all the behavioral characteristics of Satan

    God Bless”

  • Bobert

    This guy thinks people want to kill him.
    Hopefully we wont have another AZ.

  • Craig nelson

    lol is he serious?

  • Bobert

    LOL I think he is off his rocker!

  • Todd

    What’s with this Bobert bonehead? Does he work for Samsung or T-Mobile? Where’s the report button? Such profanity for someone who’s defending the customer. Unless he’s a jerk looking for easy paycheck and he picked T-Mobile because it’s the smallest carrier, and the one with the least money to fight back. Hmh, now that I think about it, maybe I don’t like the guy either.

    Me, I’m just not ever going to buy a Samsung phone. It’s nothing but HTC for me, maybe Motorola or LG. Guess the Tab isn’t going to get updated to Gingerbread after all, much less Honeycomb.

  • ollie

    Our xda friend has every right to be upset, as does anyone else who may own a galaxy S phone (epic, fascinate, captivate, etc). It seems likely that samsung is more to blame than t-mobile or any of the other carriers, as 2.2 is still unavailable across the board in the USA. The problem is not with t-mobile, sprint, verizon, etc, it is that samsung made official statements about its products, and although they are under no real obligation to fulfill these demands, they are losing their customer’s trust and causing them to be by not responding to them. This is an appeal to try and get samsung to do what’s right for its customers, rather than trying to cover losses.

  • Hulk smash

    Just bring chuck norris to the picture!

  • gramlights4

    I just want a working gps. Thing is a piece of shit, i stick to my garmin. for 2.2 i flash roms.

  • Ismail Khan

    Wait for a new case on Google for not producing OTA of gingerbread for NEXUS ONE as they promised to hang tight, i am still hanging

  • elarella

    I think people should get over this update debacle. The Galaxy S has a skinned UI, therefore, updates will be a PITA for the manufacturers. Not to mention, T-Mobile has no control on when these updates will be available. They should really be thankful that these updates are free of charge, so, personally, I don’t mind waiting for these updates. We do live in a society that embraces instant gratification, but there are times in which we need to wait. I have the Nexus One and although I have Froyo, I am still waiting for Gingerbread and there is already talk about Honeycomb and now Ice Cream Sandwich. Be glad that it is at least 2.X. I know some people that still have Android 1.6 (G1 users).

  • reichnamjel

    what the? this sucks bigtime. i mean USA carriers SUCK big time! hahaha

    we have 2.2 froyo bundled with our SGS here in asia :P

  • Senor salinas

    Updates are not free .well at least from samsung

  • http://Phandroid Das_Negros

    You wait and wait and wait and when you are done waiting you wait some more. Well I got tired of waiting. Thanks to the folks at XDA and Team Whiskey, I loaded the Ner v5 Rom on my Vibrant. This thing is absolutely AWESOME…Better battery and NO LAG ! ! ! ! Thanks T MO and Samsung for not caring about the little guy because the guys who made this Rom and Mods did…….Bastards

  • das_blanco

    Consumers need to vote with their pocketbooks. If Samsung and T-mobile are treating their customers poorly, don’t buy a Samsung and switch carriers again.
    The poor support of the current phone is also an indication of their support for the 4G phone.
    They obviously just want you to buy another phone… and buy another phone… and buy another phone…

  • joe

    i call for a boycott on samsung ……..

  • Bobert

    I received an email back from the attorney that mic claims to be representing him.
    Ben the attorney DENIES that he or his firm is pursuing this case and he went on to say that he doesn’t know of any firm pursuing this matter.
    Please don’t believe me though email the attorney yourself:
    brichman@edelson.com
    This charade by Mic has gone on long enough

  • http://www.gmachine.net Greg

    I agree 100%!! I can’t believe how long its been since the first time they said Froyo was supposed to be released for the Captivate. They said it several times since. This is rediculous. Luckily for XDA, so I have the unoffical. Honestly with all these new phones coming out, if I hadn’t already used my discount pricing with AT&T I would jump ship and get something else.

    But I can’t help but wonder if its Samsung thats holding it up, or is it AT&T. I mean doesn’t AT&T have to put their hands on it after Samsung and before the public gets it?

  • Kevin

    If you don’t like the phone then why did you buy it? I don’t buy phones without playing around with them a little. That’s this guys fault, not TMo and Samsung’s.Also TMo isn’t the only carrier with Galaxy S phones that run 2.1.

  • isoDUB

    glad i sold my Vibrant when i did. it’s just amazingly stupid and wrong that Samsung is doing this. like someone said here, even my MyTouch 3G has 2.2. never getting a Samsung phone again.

  • Contraus

    I am with this guy 100%. I hope he manages to get a list of all Vibrant owners so he can send out a petition or something. I’ll sign that shit in a heartbeat. Fuck Samsung. Go fucking fuck yourself. As for T-Mobile, go fuck yourself as well. This was a dual effort in fucking this whole thing up. And for that, I will patiently wait for my contract to run out in about 1 year and 5 months, and then I will switch carriers. I might even go as far as to buy whatever generation iPhone is out when my contract at TMO ends. Android is just pissing me off significantly lately.

  • Jeep447

    That’s great Jon Po…Let’s all just lay down in defeat cause there’s nothing we can do. Thank god everyone in this country isn’t like you!! He has every right to sue Samsung or anyone else he feels like because it’s his RIGHT! See we have these rights, thankfully, because of people who are NOT like you…The reality is people like YOU are what’s killing America. No company should ever get away with false advertising but they do because of people like YOU that just bend over and take it. It’s funny how you have the nerve to stand on the outside looking in and say people are whining 2 year old’s, when you would most definitely cry the loudest if it happened to you. I’m sure we would all like to be as perfect as you think you are.