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Thread: Possible Class Action Lawsuit for Data Outages and Slower than advertised speeds

  1. #46
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    I'd venture to say most people are happy with Virgin Mobile specially when you consider the cost vs benefit.

    It's prepaid, nobody has to stay.

  2. #47
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    Typical caviar taste and pizza face. You want great service all the time? Go pay for it. There are trade-offs either way you go.

  3. #48
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    This guy is crazy and isn't ever going to get anywhere. I had virgin mobile on and off for 4 years, this last time was for about 10 months. Guess what. I didn't like the phone choice, or the data speeds. So I switched. Big hairy deal.

    Why does everyone sue these days? It's not like you're held down by a contract, its prepaid, so if you dont like it leave. Sell your phone from Virgin Mobile, and go pay $100+ a month with one of the big 4 companies out there. Have fun wasting your time and money.

  4. #49
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    I will jump on board with you just post a scan of your California Bar Association Card and a picture of you holding the card and I am 100% with you.
    Why would you want all the contact through a gmail address and not the firms email?

  5. #50
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    You wanna see lawyers perform, look at our politicians. What a mess. Sue VM and get ready to pay more. Do an experiment just go to the T mobile board and see how miserable basic phone coverage is. We have much better coverage, data outages happen to all carriers. This is legal fishing expedition at our cost. Thumbs down.

    Sent from my LG-VM670 using Tapatalk

  6. #51
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    Well I have VM and my work phone is through Sprint and when I do speed tests both phones get the exact same test results when it is good it good when it is bad it's bad on both phones.

    But my sprint phone also has 4G so that makes up for the bad on 3g

    Sent from my Kindle Fire using Tapatalk

  7. #52
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    Wirelessly posted (lg optimus : Opera/9.80 (Android; Opera Mini/6.5.27452/26.1305; U; en) Presto/2.8.119 Version/10.54)

    Quote Originally Posted by Badrsj
    You wanna see lawyers perform, look at our politicians. What a mess. Sue VM and get ready to pay more. Do an experiment just go to the T mobile board and see how miserable basic phone coverage is. We have much better coverage, data outages happen to all carriers. This is legal fishing expedition at our cost. Thumbs down.

    Sent from my LG-VM670 using Tapatalk
    thank you very much.finally someone that understands.this lawyer in training said he doesn't even have Virgin Mobile anymore so he wants to learn how to beat the system at our expense.like i said VM beyond talk plans are a great deal.Virgin Mobile customers are not under contract so they(VM) can change data speeds when they choose. why is this so hard to understand???i cant find no where on the website where it tells you the data speed they offer.please show us the link where the guaranteed data speed is.you(lawyer) keep saying that VM at least needs to give what they advertise.show us what VM offers for $35 a month based on data speed.im sorry because i don't wanna talk bad about someone i don't know but your just trying to look cool but i think the opposite is happening.

  8. #53
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    Wish I could join, cause I should get a large chunk of that settlement.

    Late last year, my service went out completely (both phone & data) for an entire week. They tried to convince me my phone was defective but I had my doubts because it worked everywhere else except my area. So anyways, they say they will overnight a new phone, which actually takes 5 days and also promises to credit me for the week without service. But when I call to request the credit, they refuse saying I can only use it if I sign up for the "Paylo" plan, even though they're not compatible with my Samsung Intercept! I asked the CS flat out "Are you seriously trying to screw me?" and she answers matter of factly, "yes, that's correct."

    Been with VM for over a year now and I have say the service has become worse. Spots where I used to get service no longer have any signals. I still get low signals at my 2nd residence which makes it nearly impossible to use for either data or talk. Calls constantly get dropped and data rarely works. This is the same area where AT&T has reliable 3G.

    I guess the only reason I stick around is cause I haven't been able to find an alternative.... but I guess that all changed with T-Mobile's $30 plan. As soon as their phones go on sale, I'll most likely switch.

    The reason I can't join this lawsuit is because I've been using the phone as a hotspot.

  9. #54
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    Quote Originally Posted by Badrsj View Post
    You wanna see lawyers perform, look at our politicians. What a mess. Sue VM and get ready to pay more. Do an experiment just go to the T mobile board and see how miserable basic phone coverage is. We have much better coverage, data outages happen to all carriers. This is legal fishing expedition at our cost. Thumbs down.

    Sent from my LG-VM670 using Tapatalk
    Quote Originally Posted by phonemagician View Post
    Wirelessly posted (lg optimus : Opera/9.80 (Android; Opera Mini/6.5.27452/26.1305; U; en) Presto/2.8.119 Version/10.54)



    thank you very much.finally someone that understands.this lawyer in training said he doesn't even have Virgin Mobile anymore so he wants to learn how to beat the system at our expense.like i said VM beyond talk plans are a great deal.Virgin Mobile customers are not under contract so they(VM) can change data speeds when they choose. why is this so hard to understand???i cant find no where on the website where it tells you the data speed they offer.please show us the link where the guaranteed data speed is.you(lawyer) keep saying that VM at least needs to give what they advertise.show us what VM offers for $35 a month based on data speed.im sorry because i don't wanna talk bad about someone i don't know but your just trying to look cool but i think the opposite is happening.
    Exactly! 3 words, "FREE MARKET ECONOMY". This means the business provides a service, if you don't like that service then you can find another that provides the same service, unless your on contract. I feel that VM has done a great job of keeping up with the technology for a pre-paid carrier for the price they offer it at. It was only a couple years ago that Android was only a dream for VM customers.

    My service is spotty at times too, but for $25 a month the fact that you even get data at that price is amazing, not to mention 300 minutes and unlimited sms and mms. There is some people who have to pay $25 for data alone on top of their regular service.

    Edit: Also if one of the requirements for this lawsuit is "you can't be rooted", that is like 90% of people on here. Sorry to say but your in the wrong place. The only thing on here that doesn't begin with "you must be rooted first" is the deals thread.

  10. #55
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    I have had a (actually, three) Samsung intercept for about a year. I have had data outages, but they are insignificant compared to the problems I've had with the phones themselves. I Received my second "replacement under warrantee" two weeks ago. It was filthy, cruddy. I didn't even want to touch it. After I cleaned it up and tried to use it, it didn't work. The previous owner had software locked. Two hours on the phone with Customer useless finally got around that, but the phone still does not work. It will NOT connect to the network! Many more phone calls, and two weeks have passed. They run me through the same routines every time I call, and tell me it may take a few hours for it to work. It never does.

    I don't know if this is the kind of problems you are looking for, but I sure would like to see a class action suit brought against this company.

  11. #56
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    I am sure glad to hear that VM checks this forum, because I want them to know that I have had several data outages. The current one has lasted two weeks. I call Customer Service about every day, they run me through the same routines, and tell me to wait a "few hours," and it'll work. It never does. As for stealing, Virgin Mobile is stealing from me. I pay the monthly service fee, and get service once in a while, and endless aggravation from Customer Service.

    I have never used Torrent or Bit whatever; I don't even know what they are. AND, I have never been rude to a service rep. They actually do TRY to help, and i appreciate that.

    Words cannot express how fed up and angry I am with this outfit.

  12. #57
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    Quote Originally Posted by JimSylvester View Post
    Words cannot express how fed up and angry I am with this outfit.
    Your wallet will be louder than words. It's prepaid after all and you can change providers anytime you want.

  13. #58
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    Traveled 9 hours today no data loss across 4 states, one phone on GPS google maps, the other on Pandora. Worked perfectly.

    Sent from my LG-VM670 using Tapatalk

  14. #59
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    Quote Originally Posted by cymbalmonkey View Post
    I should also mention that in addition to whatever testimony we get from the Class Action plaintiffs, if we proceeded with the case, we'd most likely be able to get documentation from Virgin on what their server practices are, what their data throttling policies are, when the outages occurred, etc. We'd also theoretically have an expert do speed tests and analyze Virgin's network setup to see what effect their proxy servers might have on data speeds and whether customers are in fact getting what they paid for.
    This is the first time I've seen this thread. What makes you think that you will get any records before Sprint gets the case thrown out?

  15. #60
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    Well they kinda know how to provide information related to legalities on their website...
    Terms of Service - General Terms

    Makes for interesting reading...

    Dispute Resolution
    We and you each agree to contact each other first with any disputes. You must contact us with any dispute by calling Virgin Mobile At Your Service at 1-888-322-1122 or writing us at Virgin Mobile USA, L.P., 10 Independence Blvd., Warren, NJ 07059, Attn: Executive Escalations. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.
    http://www.virginmobileusa.com/legal...ute_resolution

    No Trial by Jury
    If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
    http://www.virginmobileusa.com/legal...#trial_by_jury

    Limitation of Liability
    We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our mobile phones and services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, Content, or lost messages from your voicemail system.
    http://www.virginmobileusa.com/legal...n_of_liability

    Warranties
    We do not manufacture our mobile phones or other equipment. The only warranties applicable to our mobile phones or other equipment are those extended by the manufacturers. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers' acts or omissions.

    WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NoT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
    http://www.virginmobileusa.com/legal...act#warranties

    Indemnification
    You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
    http://www.virginmobileusa.com/legal...ndemnification
    CON-Tracts??? We don't need no stinking contracts!

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