Class action lawsuit filed against RIM for recent outages

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

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12 Comments

1. davecann2

Posts: 460; Member since: Mar 15, 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.

2. andro.

Posts: 1999; Member since: Sep 16, 2011

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

7. davecann2

Posts: 460; Member since: Mar 15, 2011

Couldnt resist the opprotunity to troll could ya? hahaha

10. GoodFella

Posts: 112; Member since: Oct 18, 2011

At least it was a funny comment!

3. RD440

Posts: 1; Member since: Oct 27, 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?

9. downphoenix

Posts: 3165; Member since: Jun 19, 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.

4. MikeG77

Posts: 426; Member since: Nov 24, 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????

5. Tristann

Posts: 76; Member since: Nov 04, 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(;

6. MikeG77

Posts: 426; Member since: Nov 24, 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!

8. FromOSN

Posts: 7; Member since: Oct 27, 2011

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

11. corporateJP

Posts: 2458; Member since: Nov 28, 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.

12. SPcamert

Posts: 56; Member since: Feb 06, 2010

*fingers still crossed for Google to buy RIM*

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