Consumer Law Group files Class-action suit against RIM for BlackBerry outage

RIM Halifax
By Bla1ze on 26 Oct 2011 05:38 pm
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Ah, RIM can't seem to catch a break these days. Everything they seemingly do is wrong and the outfall of the BlackBerry outage heard around the World is continuing on even now as the Consumer Law Group has filed suit against RIM in the Quebec Superior Court.

The suit highlights “RIM’s failure to take action to either directly compensate BlackBerry users or to indirectly compensate BlackBerry users by arranging for wireless service providers to refunds their customers and to take full responsibility for these damages.” and was filed on behalf of a BlackBerry user who states he "expected to be compensated for the loss of services to which he was paying a monthly fee for. Instead, he was disappointed to learn that RIM was only offering some free App downloads that he does not want or need,” 

RIM of course did proactively every BlackBerry customer premium apps and free technical support to its Enterprise customers but I guess the feeling is people deserve more. For customers in the EMEA regions, carriers were offering compensation on their own -- without any RIM involvement so a class-action law suit against RIM does seem rather silly. Where were all these people wanting to sue RIM during previous BlackBerry outages? CLG isn't the only ones looking for a suit either. Merchant Law -- who seemingly wants to sue everyone has it out for RIM as well. 

Discuss in the CrackBerry Forums

Source: CLG via: Globe and Mail

69 comments

tstrike34

And so it begins.... Next up, Class Action Lawsuit for PB coming near you.

Oh boy! *rolls eyes*

Smmrgrl

Good grief!! Gimme gimme gimmee. What is WRONG with people!!??

schmittdog

People are just fricken stupid! I'm sueing the fast food chains for causing people to be stupid!

akaRichard

For the most part, how come power companies (Hydro) don't get sued nor offer compensation when there is a power outage?

I don't recall ever being compensated for any power outages.

How is RIM's outage any different?

MrPat

Compensation for what ? You don't have service, you don't pay. Electric bill = consumption that is billed.

RIM is more like an ISP company. You pay monthly (hence daily), but if you don't get the service, you still pay.

Blackberry_boffin

A ruling against RIM would set a dangerous precedence IMO.

Jake Storm

Nobody sues the telcos when service goes down.

pmccartney

Sure do - looking at my electricity bill there are a lot more than just usage charges. There's delivery, regulatory charges and debt retirement charge, which add up to > 1/3 of my bill.

Sosa-22

Hilarious...people want to be compensated for 2-4 days...get real!!!!

BBPandy

it's worse then that...It's filed in Quebec. Those people were only out for 1 day...maybe less

KRol

I'm a French Canadian born in Quebec... I have to say that I screamed something as "NO why us?!?" when I read the article...
Anyway.. I'll go back to my denial French life and talk to my English friends and write on English forums...

WIdo

What do you mean "it's Quebec"? What kind of disgraceful (if not racist) comment is that? If a lawsuit is filed in Toronto, does anyone say: "Oh, well that's Ontario!"? Let's not bring low politics in this board.

Lawsuits are not a special Quebec tradition. In fact most Canadian business lawsuits are filed in the rest of Canada and the US.

I proudly and consciously buy and use Blackberry phones and Playbook also because RIM is a great CANADIAN company. Period. No matter where it is located in our big and diverse country.

But wait, now I think I know why RIM has been having all this trouble in the last year: "it's Ontario"!

JarekGora

Well said. Sk8er_tor is most likely a Leaf fan.

kelton

So, you can sue a company for this? Good grief. Maybe Ayn Rand was right... it's nearing time to leave these losers

crwblyth

Wait, hold on, give me a second, 5 pounds per month = approximately 17 pence per day. Therefore, 3 days = approximately 51p. So they'd rather have 51p refunded than approximately 100 pounds worth of apps for free, even if only one or two are useful.

(Don't kill me if my maths are wrong)

BBThemes

nope, thats about right, its what i said when it happened, wheres my half can of red bull lol, infact, as compo, they should fill the other half with vodka :)

this case hasnt been deemed as an actual approved suit yet, lets hope the judge has an ounce of common sense here.

Jake Storm

After paying the lawyers, they'll be lucky to see 1p.
There is no lack of stupid people in this world.

Probably Apple's legal team launching this.

jwn66

Quebec, enough said.

MousePad

I resent that post, since I'm from the province, but hey... An opinion is an opinion... :)

This class action suit is ridiculous... It's not like people died because of the outage... I was out of service for the major part of two days, so what? Suck it up and find a computer and go check on FB, Twitter or whatever...

Now, there are people who probably depend on their blackberry for their small business... Those are the ones that should be entitled for compensation... But I'm sure they got through that outage without much problems... If you have a business, you probably know how to take care of problems... :)

And now, RIM have chosen to compensate ALL users with free apps... I think that's more than enough, and will continue using their product for the time being... :)

WIdo

I repeat a previous comment: What do you mean by "Quebec, enough said"? What do you imply exactly by this hateful (if not racist) opinion? If a lawsuit is filed in Toronto, does anyone say: "Oh, well that's Ontario!"? Lawsuits are not a Quebec tradition. In fact most Canadian business lawsuits are filed in the rest of Canada and the US.

I proudly and consciously buy and use Blackberry phones and Playbook because they are great devices and also because RIM is a great CANADIAN company. Period. No matter where it is located in our big and diverse country. Let's not bring low Canadian politics in this international board.

But wait, maybe I know why RIM has been having all this trouble in the last year: "Ontario, enough said"!

bull_thumper

"Money for nothing and your bits for free." Gee, an outage is an outage. Do we expect reimbursement for power outages or not having a close enough parking spot?

igotberryfever

take verizon and AT&T 25-30 $ a month for bis 3 day outage worth 3 bucks. Give me a break outages happin to every service grow up you bunch of whinning aholes!!!!!!!!!!!!!

FIVEFIFTYWHAT

RIM, tell them all to "Suck iT!".

19cbb

Weren't they satisfied with the free 'premium app' offer from RIM? hahahaha

Research Implosion - RIMP

nbertrand

I'm in the Dallas area and the outage wasn't that bad here. I think I was down on e-mail for about 4 hours. People need to toughen up. Moneygrabbers.

ReccaKun

I wish this case get thrown out of the window. These law firm doesn't represent all blackberry user. So he can shut up and just do his own little law sue!

schmittdog

Wa wa wa... Get this guy a wambulance!

Foppa_21

Do these guys give back some of their paycheck if they don't put in 100% each workday?

toupet

Anyone checks tips@crackberry.com ??? I've sent a link of the claim website ( http://www.merchantlaw.com/classactions/blackberry.php ) like 5 days ago....

Bla1ze

Merchant Law can't even type their legal battles right, they shouldn't even have gotten the link in the article above -- they were used as an example of how stupid the law suits are.

chiripio

E In some other countries when have experience 3 weeks of bad service since the outage up to this day with email ,bbm and other applications they say theya re going to discount 2 days of the bill wich is not fair since we are still experiencing issues with the service.Really don't know if is a prob lem with rim or the phone company that's what I would like to know?

sam_b77

I want to sue god because he's a d*ck. Anyone else wanting to join in and making it a class action suit?
Seriously people dont want to work and expect to make money. I think RIM should counter sue and ask damages in billions. Make those morons pay every cent they have.

Ainen

God is only an OEM. Please contact your local church for all support issues. Additionally, the hardware is a few million years out of warranty.

ba_hamilton

The free app give-a-way was a huge mistake on RIM's part. It just keeps the outage in every bodies memory because they are checking everyday for a new free app. When one is not there the complaints start. Power outages, and system crashes happen. Time for everyone to move on and forget about it.

martinjdub

Occupy Wall Street are the same people looking for class action from RIM and not a one of em owns a BB.

EFBOK858

Wrong ... My BB-8300 is nice but protesters didn't need my 2 and 3/8ths X 4" phone. Their organization is by far, more advanced than that. No Oogling at BB's -- w/Laptops being the norm at 'Occupy'. But I'm amazed at the degree of BlackBerry worship. IT'S A PHONE! Cell phones/companies generally suck. I tried 1 RIM App briefly -- my phone's still buggy. I won't sue over a phone, but extreme loyalty breeds the 'Netflicks' of the world.
I think FaceBook now needs you. RUN!

canuckinnh

Most consumers should be happy with the free apps if their use is for personal communications. The voice system was still available as a back up

However I am a small business owner and we rely on the BIS network to ensure a high level of customer communication. Also many logistical are made based on reliable communication.
The outage for me did not cost me customers but it did create some issues and meant lost appointments and a lower level of customer service.

As far as compensation that is a difficult issue. I realize that systems go down. The communication between RIM, the carrier and the end user should have been better.
I would prefer that RIM provide a more detailed explanation of the reason for outage and have a contingency plan for future problems

jasonvw

Next time my internet goes down, power goes out, store is closed for 5 mins and I can't get what I want there, watch out. Im suing!

Juiceair

RIM,

You don't owe me anything. I love my Bold 9930 and wouldn't trade it for an iPhone or Android. There was an outage? Oh well, it happens.

Juiceair

Kennedy.L

Be sure to click the hyperlink for MERCHANT and spam their inbox with nasty names and comments.

Lets do what we can!

flyflyaway75

Any chance that I could be compensated for my blackberry working too well? I get emails on my Blackberry before I get them in my computer inbox. That's mildly cool. I don't like cool. It agitates me and I have to take a muscle relaxent or I'll have a heart attack. The pills are $30.72 cents a piece and I have to take one every time I receive an email.

Please help,
Marry GoFukurzelv

PS: Leave RIM alone you money Grabbers.

Sent From my Verizon Wireless BlackBerry.

AnotherBillJ

Enterprise customers get some free support out of it; sounds fair. Individual users get a selection of free premium apps. Once again, sounds reasonable. The way to REALLY make people happy? One free premium app of everyone's choosing, not just the ones offered by RIM. You like a certain app, it's yours. Problem solved. You're welcome for this great idea, RIM.

DeeNiceJones

Agreed!!

Its been about 2 or 3 wks and they only have 2 apps out. I thought they were going to release 2 or 3 a day.

tumer

so next time my cable goes out i can sue

or how about when my bell dish is down because of weather i can sue????

PLTM

So im looking at my Blackberry Service Plan and it says Unlimited Blackberry - Plus $10.00. So basically im paying $0.33 a day for my Blackberry service on a 30 day billing cycle. So for the 3 - 4 days of not being able to get email on my phone or send BBM or in some case unable to browse the web from my phone, I lose $1.33. So how much compensation should i be looking for from RIM, Millions? The judge is going to throw it out because its a waste of court time. The guy will pay way more in legal fees. If i was RIM, i would write him a check for $2.00 to compensate him for the lost days. Also isn't there a clause in the contract that says you can't sue them in this manner?

The judge will say these things are technology and are prone to outages and that RIM infact had the system back online in short time, but was fighting with backlog from the 70 million subscribers that they were working to clear. They weren't home sleeping leaving it for the next day.

ofutur

Exactly! There is no SLA and even if there was, consumers would only get a couple of dollars.
RIM made the right move by offering $100 worth of mostly junk software.

CrackBerryTorch9800

If this is the case then Im going to sue the hydro company every time the power goes out, and the telephone company when I go into a dead zone, and the pizza guy for being 5 minutes late. I can see people being mad that it went out but my god. Always the french too, just like them all calling into the police station so Chara can get investigated.

Good grief, if I was the judge i would throw this out.

schmittdog

I'm gonna sue for when the rain and snow block me from getting my Satellite Signal! I'm gonna sue the president cause I can't afford gas to work. Hell I'm just gonna sue everybody!

advcomputer

Lawyers just love class action and MDL type of lawsuit, cause they make ALL of the money. I am sure this complaint is baseless.

pinkberry1105

Holy cow seriously??!! Its not like you couldn't call or text sheesh! Yes I get it emails blah blah blah. But man cut RIM some slack. When I was living on Guam this one typhoon caused the island to go without power for 2 months. Instead everyone joined together and patiently waited. But for 4 days??!! Just inhumane.

scottae316

First, I am going to sue all of you because MY comment isn't first. Really though, it is pure greed, a person hoping to get big bucks, a law firm free advertising and if the win really big bucks. The only way they may have a case is if RIM knew about a problem and did nothing to correct it and let the system fail, does not seem that this happened. If you look at the agreement for BIS (and probably BES) if the system is down and not due to neglect there is no recourse. Same for your cell provider, and many other services that we all use. Most people have lost less than $2.00 USD, get a life.

If I were RIM, I would cancel that person BIS. A company probably cannot discriminate against a group of people based on race, creed, sex, religion, or national origin but it can refuse to do business with an individual because it does not want to, when RIM wins, and if I were RIM, I cancel that persons service, refund them the price of they paid for the phone and tell them nothing here move on.

Zupof

rim.com/legal/terms.shtml

I guess these guys have never looked at section 9 in all caps... "RIM MAKES NO WARRANTY THAT ANY SERVICE WILL BE
AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE."

Where do they get their law degrees from these days?

Peritaxis

They graduate more than 1000 lawyers per year in Ontario alone. The world is oversaturated with lawyers with nothing better to do than to sue RIM for a few days of outage and McDonalds for making them fat.

BB_Bmore

So does this mean when my car bteaks down on the way to work I can sue Ford? Or can I sue the power company because my power being out caused me to miss a cable show?

latingeo

Whaaaaaaaaaat, the free dumb axx games wasnt good enough?

filanto

I can sue the President for preempting a TV show I wanted to see. Whats next suing our spouse for not making our favorite dinner

maddie1128

Whats next suing our spouse for not making our favorite dinner

Lol.............yeah, you try that one. lol

Peritaxis

My Rogers Internet didn't work all of last Thursday and Friday, couldn't access my school lecture notes to print, couldn't follow my twitterfeeds or comment on my friend's facebook. I guess I'm gonna sue Rogers now for those two days.

To be honest, I didn't even notice the outage. It was really nice not getting emails, notifications and BBM messages all day. Finally had time to read an e-book without distraction... on my Playbook.

Tyrrell117

So this guy wants like $1 from RIM?

I pay $15/ month of my cell bill for BIS and data. That's fifty cents a day. And the outage for North america was just over a day, not the full three days that the rest of the world got. Even if I go with my full cell bill amount ($50), that's a buck sixty for a day, lol

Seems a bit rediculous.

dasser74

Jeez, it's pathetic 'oh it's ok RIM we love you' fanboys that means we all end up with 1 - shitty underpowered phones with 2 - unreliable OS that likes white screens and timers, 3 - fing CRAP (and i mean really CRAP) apps that are way too over-priced to begin with and 4 - a company that promises to deliver then doesn't (oooooh maybe they'll leap over the competition and show us all a BBfingX phone at the conference' FAIL!).

Suck a fat one people.

ReccaKun

soooo sidekick was down for 2 weeks and amazon EC2 goes down, I don't see them getting sues for constant down time. Before they can sue RIM they should sue other company first like amazon first.

djghettoredneck

This is bullshit. Excuse my language but shit happens with technology. Do you expect payment for an electricity outage? If your carrier drops a call, do u sue for that? NO!!! It happens!!!!!!! Technology fails sometimes. WTF. Get over it.

d3adcrab

So next time my car gets a puncture, I sue Bridgestone? How bout when a virus cripples my computer, do I sue McAfee, Microsoft or Dell? Gosh these people are pathetic.

italianstylzzz

its funny....... how americanized canadians have become.... sue everybody. Really I find that this will not work, electricity and water are essential services, yet suing them is out of question when there are outages. These are just people or companies that are failing due to ression, and are trying to recoup lost money. Here is an idea for these dumbasses..... file a lawsuit against the american government for wasting money on a useless war....causing the economy to fail..... or just sue the banks for signing mortages to house pets, and futher putting economy in a hole..... gimme a break, these imbisols will not get a dime.

Liquid_Revolver

Good for them, RIM blows and it shows more and more.