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Class action lawsuit filed against RIM for recent outages

Posted: , by Ian M.

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Class action lawsuit filed against RIM for recent outages
This really shouldn’t be too much of a surprise considering RIM’s decision to compensate the users affected by the server outages with free apps and games from App World but a class action lawsuit has been filed against the manufacturer in the US.

The man heading the charge is Eric Mitchell who is a BlackBerry user on the Sprint network. He filed the claim in the court of Santa Ana, California. The lawsuit has been filed on behalf of all US consumers that are currently under an agreement and using a BlackBerry device. Mitchell acknowledges that his contract is through Sprint and not RIM but says in his argument that he and many others pay the company fees through the carrier. They estimate that RIM takes in about $3.4 million in revenue per day from the services that are paid through the wireless carriers.

Mitchell is seeking cash compensation for himself as well as the rest of the affected users in addition to legal and attorney fees. This is one massive class action suit. RIM had its shareholders file a suit against them back in May, but this one is much larger. According to the claim there could 2.4 million California residents alone that are part of the class. A lawsuit has also been filed in Canada on behalf of BlackBerry users in that country as well.

In the case of “Mitchell, individually and on behalf of all others similarly situated vs. Research In Motion LTD,” who wins? We’d love to hear what you think on the matter, and if you are a BlackBerry user do you hope to get any further compensation in addition to the free apps?

source: Reuters

12 Comments
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posted on 27 Oct 2011, 07:48 3

1. davecann2 (Posts: 460; Member since: 15 Mar 2011)


Two notes...

1. This could possibly put the nail in the coffin. RIM might not be able to bounce back after a settlement is reached and a public lawsuit can diminish new and existing users.

2. From the start I always felt that RIM should offer free Apps to its customers. RIM's app world is garbage compared to the competition. Most people only download free apps for BB anyway! If RIM marketed a free APP World they could bring in many new users.

posted on 27 Oct 2011, 08:08 5

2. andro. (Posts: 1944; Member since: 16 Sep 2011)


This Eric guy must work for apple,hes got their way of thinking!

posted on 27 Oct 2011, 08:45 1

7. davecann2 (Posts: 460; Member since: 15 Mar 2011)


Couldnt resist the opprotunity to troll could ya? hahaha

posted on 27 Oct 2011, 13:24 2

10. GoodFella (Posts: 112; Member since: 18 Oct 2011)


At least it was a funny comment!

posted on 27 Oct 2011, 08:21 4

3. RD440 (Posts: 1; Member since: 27 Oct 2011)


Very sad that we as a society have become so litigious. I wonder if, and it's a question not of if but when, Apple, Android or Windows OSs, go down, will there be a class action suit then? I really don't understand what people have against RIM. After all didn't they pioneer the smartphone?

posted on 27 Oct 2011, 11:18 2

9. downphoenix (Posts: 2302; Member since: 19 Jun 2010)


The difference is, Android, Apple, Windows doesnt go down like a blackberry does, you might experience some isolated issues but when your phone connects to a network, it just goes straight to verizon, at&t, sprint, t-mobile, etc. and goes from there, but a Blackberry device has to go to the carrier then to blackberry for all data services, web, email, bbm, instant messaging, etc. So if they have an outage on their end, all those services wont work, even if its something that can be operated independently on other providers: i.e if gmail has an outage, you can still use web browser on your android, etc.

Basically Blackberry's setup is archaic and outdated, and means more outages as you have to deal with both carrier and blackberry outages with their phones. And for what? Better push notification? LOL.

posted on 27 Oct 2011, 08:27 2

4. MikeG77 (Posts: 370; Member since: 24 Nov 2008)


I can understand the level of frustration from Mr. Mitchell and other Blackberry users BUT this lawsuit is a lose lose situation for all parties involved. Instead of finding out why the outage happened and what can be done to prevent it from occuring he wants money! So instead of RIM investing there money in there company for product development there going to be fighting for the survival of there company.

Everyone needs to really think about this case because its not like RIM woke up and said "Hey were going to have a world wide outage of our service, millions of dollars in revenue lost and then get sued". To top it off the burden of proof is on Mr. Mitchell to prove that the Blackberry outage caused serious harm to himself or his business????

posted on 27 Oct 2011, 08:29 4

5. Tristann (Posts: 76; Member since: 04 Nov 2010)


LOL a lawsuit? What does this guy want 5 dollars for the days he didn't get to use blackberry? This Lawsuit is already DOA(;

posted on 27 Oct 2011, 08:32 2

6. MikeG77 (Posts: 370; Member since: 24 Nov 2008)


At least someone gets it. Class action lawsuits only help the attorneys representing the respective clients. If Mr. Mitchell's attorney had any integrity he would have advised Mr. Mitchell that there isn't going to be some big pay day!

posted on 27 Oct 2011, 10:21 2

8. FromOSN (Posts: 7; Member since: 27 Oct 2011)


R.I.P R.I.M - It was good knowing you

posted on 27 Oct 2011, 18:20 1

11. corporateJP (Posts: 1555; Member since: 28 Nov 2009)


RIM loses respect daily, and I honestly feel somewhat bad.

I'd have more sorrow for them, but they need to fire those two buffoons running the show first.

posted on 28 Oct 2011, 19:49

12. SPcamert (Posts: 56; Member since: 06 Feb 2010)


*fingers still crossed for Google to buy RIM*

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