V710 class action lawsuit - anyone heard anything definitive?

[Critic]

Alright, I think we all know the story at this point - VZW got sued in a whole bunch of jurisdictions over the BT capabilities on the V710. That was back in January or February.

Over at HoFo, lots of threads have been posted about the 'potential' settlement, which is supposedly only a judge's signature away. It's hard to tell what's truth, what's rumor, and what's somewhere in between. So, I'm going to put this question out there...

Has anyone heard anything definitive about whether a settlement actually exists, and what it might entail?

I'd like to keep the speculation and VZW flaming to a minimum, if possible. But my curiousity is getting the better of me with regard to this alleged lawsuit.

[RJB]

Do you know why they would sue over blue tooth?? Did they use the technology without consent?

[M_Six]

Originally Posted by RyanB

Do you know why they would sue over blue tooth?? Did they use the technology without consent?

Some folks sued because they didn't realize Verizon had crippled the BT on their phones before they bought them.

[bonoriffic]

Check Moto's latest SEC filings for their previous quarter results. Any judgements against them, or financial impact of significance would be mentioned. I didn't see any. I think this went away. The basic argument was people assumed Bluetooth meant OBEX, and that of course is not true.

[Steve B]

I completely disagree with VZW's stance of crippling their Bluetooth phones. I don't care if they have agreements with their crappy BREW companies. I think it's wrong to force a user to use BREW for whatever a user wants such as ringtones and pictures. I make my own ringtones and I would want to put my own ringtones on my phone. That is not piracy. I don't think it is anyway. LOL Since I have Cingular now, I am able to put any of my homemade mp3 ringtones and pictures I have on my phone and transfer them back and forth from my computer and back to my phone. I understand why VZW supposedly wants to curb the piracy. It just ruins it for people like myself who make my own mp3 ringtones and take my own pictures.

[twopiece]

Bottom line is that VZW wants revenue. Most people will not compose their own ringtones but sooner or later everyone will be sharing or downloading tones off the net which will then move to pics and games.

If you ask me, they should change their claim of BT by simply saying the phone has wireless headset capabilities.

[Critic]

Originally Posted by twopiece

Bottom line is that VZW wants revenue. Most people will not compose their own ringtones but sooner or later everyone will be sharing or downloading tones off the net which will then move to pics and games.

If you ask me, they should change their claim of BT by simply saying the phone has wireless headset capabilities.

The problem there is that the 'Bluetooth' name is actually gaining wide acceptance among consumers - and with BT becoming more ubiquitous (comes with many new laptops, will power controllers on PS3, etc.), name recognition is an important thing.

[Critic]

***UPDATE***
Well, it looks like the cat's out of the bag as of today...
http://www.verizonwireless.com/b2c/f...tices/v710.jsp

You can view the entire settlement or just skim the important details. Here's the lowdown, tho: You have to certify under penalty of purjury that you are the person to whom the 'notice of class action settlement' was mailed; you purchased a V710 from VZW before 1/31/05; you purchased the V710 believing it would support OBEX/file transfer; and that you own or intended to purchase another Bluetooth-enabled device that supports OBEX/file transfer. You'll need to list the amount of 'credits' received resulting to complaints to VZW regarding BT; and you have one of three options for 'relief' (most of this was already known):

OPTION 1: Keep the V710 and your existing VZW service, get a $25 service credit.
OPTION 2: Cancel VZW service w/o ETF and return V710 and applicable accessories for refund up to purchase price.
OPTION 3: Keep VZW service but return V710 and applicable accessories for a refund "up to the purchase price of a new cellular phone" (vague, isn't it?).

It also appears there may be a means for former VZW subscribers to recoup ETF.

Here's the direct link to a copy of the claim form, but you should probably wait until you get it in the mail before you do anything.

One of the downsides to all this is that the claim form must be postmarked by December 9, 2005, which means anyone holding out for the 2006 phones may end up disappointed.

[Smitdawg]

Sorry to dig this back up... Any updates.. My V710 is beat (still works great) but I am bored and want a new phone... How much longer I have to wait?..

[Tullphan]

I'd like to know the latest status as well.
I was in the original (initial mailing) group & the Jan. 17 date has come & gone, but i've not heard anything.

[lurchsjn]

Same situation. Was extended the offer, took option 3 to get keep VZW but trade in my V710, and my mailbox is still empty. If anyone gets theirs, please let us know to give us hope. Thanks.

[rallykid]

The deadline for sending the paperwork in was March 3 so we will probably be hearing something in the next couple of months.

[Tullphan]

According to VZW's website:

Final Hearings on the proposed settlement have been scheduled for January 17, 2006 (class members included in the initial mailing), and March 16, 2006 for class members who were included in the supplemental mailing. This website will be updated shortly thereafter, so please check back for additional information on the settlement.

Of course, March 16, 2006 has come & gone without any updates to their website.
I was in the initial mailing & still haven't heard anything.
I'm beginning to get a little antsy...hehehe.

[Critic]

The rumors over at HoFo (so take this for what it's worth) is that the settlement is a done deal, and the packets are being sent to everyone who got the first round of mailings last year. I've yet to receive anything myself, and honestly, I'm not sure who at HoFo has actually received paperwork and who is full of crap, so for now we'll leave it at that.

[p34m23]

Haven't seen anything in the mail. Should have been here by know, right?

[Critic]

A friend of mine (who also bought a V710 and falls into phase one of the lawsuit) got his packet on Wednesday. I'm in New Orleans right now, but I suspect that my packet is waiting for me at home.

The thing is, honestly, I'm not sure I will take the exchange. Putting aside the whole "you lose your NE2" issue, there just aren't any VZW phones I want right now. I considered the Treo 700w, but it's inability to voicedial via BT headset is a HUGE problem for me. (And before anyone asks, it's a WM5 problem, so the XV6700 has the same issue.) The only other phone I might CONSIDER trading for is the E815, because it's the only one that doesn't have VZW's verison 1.0 UI. (Although I will say this - the new skins for the updated UI rolling out with the LG VX8300 are pretty sexy.) And I don't know that I can see my way clear to locking myself into an E815 for another 2 years.

I'm curious to know if the new Nokia clamshell from CTIA (I forget the model number, but it's the one with BT 2.0 and an internal antenna) is going to show up on VZW - I could see carrying that...

Sorry - got sidetracked. Anyway, regarding the exchange...
I suppose I could just wait for my contract to run out in August and port to CingulATT, but I've got reservations about that too. Ugh. I'm just not sure what to do here.

[MOTOhooligan]

I wouldn't lose my NE2 for an e815... why not just keep your v710, it can't really be that bad. When your contract is up, you can do whatever you want.

By the way... how is T-Mobile in your neck of the woods?

[jrrpd34]

Critic,
In regards to the packet your friend received, what do you mean you loose your NE2? Does Verizon negate that offer if you take the lawsuit settlement? I haven't received my packet so I don't know. Also, what is the phase one portion that you talk about?

Thank You.

[Critic]

jrrpd34: If you purchase a new phone through the settlement offer, you do not receive your NE2 credit on this purchase, AND your NE2 eligibility is reset for 2 years from the date of THIS purchase. So if I take a phone through the settlement website AND renew my contract for 2 years, the next time I'm eligible for the (REDUCED) NE2 credit is in April 2008.

Phase 1 refers to the fact that the original settlement agreement (where you choose option 1, 2, or 3) was sent out in multiple waves. Phase 1 customers received their agreements in November of last year; I know that there was at least a phase 2, who only recently received their agreements.

Hooligan: I'm starting to lean towards your suggestion - just take a pass on the settlement and wait for August to either NE2/bolt. It kills me that this whole lawsuit was about deceptive advertising and business practices, and yet the VZW lawyers are really doing a number on the very same V710 early adopters.

I haven't checked in a while, but the last time I asked around, TMo still wasn't particularly great in the Princeton area. Cingy and VZW are probably about even, but TMo lags behind. (I'm not even considering Sprint - the nearest Sprint store is over 30 miles away!)

[MOTOhooligan]

Originally Posted by Critic

I haven't checked in a while, but the last time I asked around, TMo still wasn't particularly great in the Princeton area. Cingy and VZW are probably about even, but TMo lags behind. (I'm not even considering Sprint - the nearest Sprint store is over 30 miles away!)

I'm not a big fan of Cingular but I think that's just because they're Number 1 and I always root for the underdog... also, they don't provide service where I live.

I will show you a simple equation...

Cingular=SLVR

[jrrpd34]

Critic,
Thank you for your reply. Can you tell me what options your friend had for the purchase of a new phone through the settlement such as price, credit amount and or model limitations?
Thanks
Chris

[Critic]

If you go over to Howardforums.com and check out the VZW Moto subforum, you'll find a sticky with all this information already detailed.

Incidentally, I got my settlement packet in the mail while I was travelling. I'm still leaning towards passing on the settlement, especially since CingulATT will be rolling out more UMTS/HSPDA handsets and VZW is saving all of their new EVDO rollouts for the second half of the year.

[p34m23]

Anybody know what this "package" looks like - is it some sort of box, or is it something that looks like junk mail that I would accidentally throw away?
Also am I understanding this correctly - I have to send my phone away and be without a phone for some undetermined period of time?

[Critic]

It's a white 9x12 envelope, addressed to the VZW account holder, from "VZW V710 Settlement Administrator", or something similar.

[bhill]

I live in indianapolis and i have not received anything yet? How about anyone else? I am going to leave verizon just because it took them so long to get me my package.

[Critic]

bhill - which group were you in when you received the settlement notice - group 1 or group 2? Also, which option did you check off? (Keep phone, take $25 credit/Give back phone, get new phone/Give back phone, leave VZW) My understanding from the coverage at HoFo is that the last round of group 1 packets went out this week.

[bhill]

I was in the first mailing and i elected to cancel contract and return the phone. Funny thing is i received it the last possible day that verizon by law had to get it to me. Makes me really want to sign back up with them! I am reading it though and it says about approved accessories but says nothing about the wall charger, clip, and car adaptor. I am assuming they might want these but it does not mention them.

[Critic]

Originally Posted by bhill

I was in the first mailing and i elected to cancel contract and return the phone. Funny thing is i received it the last possible day that verizon by law had to get it to me. Makes me really want to sign back up with them! I am reading it though and it says about approved accessories but says nothing about the wall charger, clip, and car adaptor. I am assuming they might want these but it does not mention them.

My understanding is that no one who selected option 2 (leave VZW w/ no ETF) has received information yet. It seems like the settlement administrator is trying to deal with all the customers who are staying with VZW first.

Regarding accessories: the V710's wall charger and belt clip were included with the phone, so obviously they're not valid for a refund, and the car charger is compatible with the E815 and other Moto models, so they're not offering a refund on that one.

Truth of the matter is that the settlement may look like a great deal for Joe Cellular, but for those of us who follow the industry and call VZW and the others out on their shady business practices, etc., the settlement is a lousy deal.

[bhill]

Well then I am the first one to tell that I am returning my phone now and they should cancel my account within 3 buisness days once they receive it and give me my refund for purchase price (because i have the original receipts). I received a envelope with a prepaid 2 Day Fedex package that goes to oregon. I have been waiting a long time for this. By the way I have two 710 phones im returning because my wife had one also . I think i might go to Tmobile because they have pretty good coverage in my area. Anything not go with Verizon and their premium prices and lockdown features.

[Tullphan]

As of today (4/18/06) I have as of yet to hear or receive anything from VZW regarding this.
I chose the option to cancel account & return phone for refund & have a copy of the original receipt.
Any idea how long it'll take for them to issue the refund once they receive the phone? Curious to know how long i'm going to be without a cellphone.