icebreeze

Recently on Sprint's Moment forum a member by the name Mkeng5 has been posting pretty vocal complaints about the Samsung Moment. Not only does he claim the Moment is defective, but he goes a step further and even cites Samsung's own Warranty Policy:

Since he is not satisfied (you should feel the same!) by Sprint/Samsung response to the known data lockup, he has created a Facebook group. The hope is to rally all those who experience this issue and show Sprint/Samsung that we will not take this laying down. Whether this will create a class action lawsuit or gain enough attention to bother the "big boys of Sprint/Samsung" we do not know. But let us at least try!

Please join the cause and spread this info to your friends. Instead of saying "screw it" and getting a new phone why not come together and fight for a real resolution?

Join the Data Lock Facebook group

For those who haven't already seen the posts:
Link

ovrrdrive

While annoying at times, the problem is hardly persistent enough to make these claims and definitely not warranting of a class action lawsuit. Fraudulent lawsuits are in the top three things that are destroying this country in my opinion. Right up there with terrorism and crooked polititians.

Have fun. I won't be participating in it.

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pastafarian

While I agree that there's a problem, I also know this will go nowhere. Every smartphone I've owned has had a overiding issue like this with a similar reaction. That being "lets suit!". While I hate my phones flaws, I despise lawyers a lot more. Ultimately, if a unlikely settlement was won, the plaintiffs would get $0.50 each and the lawyers would get new BMW's and a makeover for their summer homes. The time for this to have any positive effect for Moment owners was at least 6 months ago when the phone was still relevant. The ship has sailed. Add to that that there aren't nearly enough Moment owners period to make the customer dismissive Samsung take notice of us. Good luck though and have fun.

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satinkzo

I used to get the problem now and then, but since going to the Froyo radioactive rom, phone has been extra solid. Of course rooting and 3rd party ROMs should not be required, but I am not one to partake in america's newest pasttime or lawsuits.

mkern.eng

Hey Ice Breeze,

Thanks for the post to try to get things moving. Guys I started the Facebook group to get everyone who has been burned by this issue together. My goal is to really compile a list of all of those affected, and to have their stories all in 1 place that is visible to Sprint and Samsung. The fact of the matter is that these 2 companies through whatever circumstances sold a device with a built in defect and they have yet to offer a reasonable solution to their customers. My goal here is not to sue Sprint/Samsung to make lawyers rich. (By the way most lawyers are not rich. That is a common misconception, because you hear about the high profile cases. Most lawyers are part of the working middle-upper class and they are struggling to make house payments and raise their children just like everyone else. It is a professional career and actually has a pretty high suicide rate because of all the stress surrounding the job.)

The goal is have Sprint/Samsung provide us with a reasonable solution to the problem. If you buy a defective item from most stores in America, you walk back into the store and they replace it, or give you a credit without too much hassle. It is common practice. Why is this any different? The idea, that we should just suck it up, accept it, and make it work is silly. With that mentality are we saying that it's okay to sell us crap? No one wants to waste the time dealing with these types of issues, but it is not reasonable for us to be forced to bear a product that does not match what we paid for. If you don't want to be a part of the list that is fine, but I urge you to not just go out and purchase an upgraded phone if you have been having this issue with the Moment. If you do that, you are only sending the message to Sprint/Samsung that they can sell you garbage and you will wait in line to buy the next glossy piece of trash.

ovrrdrive

So, you're looking for a free phone and trying to get all of us involved to get it. Even better.

The lawyers around here are all rich. Maybe it's just different where you live.

I get one lockup every two weeks. I think it sucks but that's acceptable to me. I knew there would be bugs going into it with the first Sprint android phone. All in all I love mine, but I still can't wait to upgrade it come December.

electricsheep

I believe the point of the Facebook group is to bring awareness by posting videos and comments that yes the lockups are recreate-able on every Moment. The fact is that Sprint 9 times out of 10 won't acknowledge there is an issue.

Could someone point out the part where Mkern post or the Facebook group said this was a precursor to a class action lawsuit or any type of lawsuit.

Why would a person not want to possible help force Sprints to fix an issue that has been around sense the phone was released, what's the benefit in doing nothing?

mkern.eng

Well put Electric Sheep! Thank you for understanding the point.

ovrrdrive

I think most of the early adopters are already either moving to, or getting ready to move to another phone. What's the point in trying to make my monthly bill higher or to try forcing Sprint to add a surcharge to the new phones?

The moment was an entry android phone for Sprint. I expected a few bugs in it when I bought it. I've enjoyed this phone and when I move on I won't look back. Why would I want to hurt Sprint for that and end up costing myself more money in the long run?

I plan on staying with Sprint indefinitely.

Nothing's perfect. Do you sue Ford when your car doesn't start?

As for the lawsuit question, did you bother to read the first post in this thread?

jdmm72

I've had it with this phone also. It's been replaced by sprint twice, once by radioshack, and once by Samsung. It's been to Samsung twice, the last replacement, WIFI didn't work. I have had the data lockup issue since day one, and haven't had WIFI on for about 1.5 months and I still get the random lock ups daily. Samsung states that there is NO problem, Sprint states that they are "working" with Samsung to fix the issue. I know smartphones have issues, but a phone that will not make a call has a FATAL flaw. Yes, the data lockup issue also takes out phone calls.

I've worked with Sprint and Samsung to try to get resolution to no avail, filed and fought through a BBB complaint. Sprint states that I can ONLY have the moment, and must wait until I get past a year to get a different model, and refused to allow me out of my contract or ETF.

I finally threatened to sue (which is not an idle threat, ask Verizon, after the Alltel merger) and Sprint finally relented and allowed me out of the ETF. Now, I'm trying to see what I'm going to do. I like Sprint's service, but despise a phone which won't call, and frankly Sprint's lineup is questionable. I need a smartphone with WinMo or Android with a touch screen AND keyboard, so that leaves TP2 (what 4 years old?) or Moment (forget Intercept with EVDO Rev.0) And what is in the pipes? SAMSUNG Epic (A Galaxy model, which already has too many problems on TMobile and AT&T). I mean come on. And then there is the "Awesome" fee, which make it almost as expensive as Verizon.

And about Ford. If my NEW car didn't start consistantly, and Ford refused to fix it, or couldn't fix it in a few tries, I by all means would sue under the "lemon law."

I would never advocate a class action though. If you're going to sue, do it in small claims, and AFTER you exhaust reasonable effort to resolve it. IE: I spent hours on the phone with Sprint CSR, TS, and Executive Services, then filed a BBB complaint, then fought back and forth in the BBB complaint and on the phone with Sprint with Executive Services over the BBB complaint. Only after Sprint's "Final Offer" of nothing (they basically said, "Poop on you") on the BBB complaint did the lawsuit come up.

And since you brought up the car issue. If I bought a new car and had an issue, took it in and Ford said, "here is a like new car (only 169000 miles) to replace your new car." Would that fly? That is what Sprint and Samsung expect you to buy...

Last edited by jdmm72; August 27th, 2010 at 07:26 PM.

pastafarian

Mkern didn't start this thread and lawsuit was mentioned in the very first post. Additionally, I'm guessing here, but from Mkern's spirited defense of lawyers he/she may indeed be one.

Personally, I wish everyone who gets involved with this success. It's just that after being down this road a time or four, the chances of anything positive is only slightly more than nil.

jdmm72

Samsung and Sprint ARE NOT going to fix this. Sprint says otherwise and Samsung states that the 2.1 update fixed this. If you are hoping that it will get fixed, then I've got some oceanfront property I'd like to sell you.

Class actions are bad news. Small claims is where this belongs, and WITHOUT a lawyer. Sprint or Samsung (or both) will settle a suit for reasonable requests. It's cheaper on them than going to trial. But you will need to prove that you attempted to settle this amicably before a trial, or a magistrate or small claims judge will not hear it.

Additionally, you aren't looking to punish either Sprint or Samsung, you want the contract voided to leave....

I still suggest that you exhaust other options before small claims.

ovrrdrive

If you guys are going to compare apples to oranges, you have to realize that a phone that has been out a year is to be comparable to a car that has been out 20. The moment is near the end of it's lifespan. A year ago it was a great phone now it's just a mediocre phone that used to be great. Or to stay in the spirit of this thread, a year ago it was a mustang gt whereas now it's a 1978 transam. If the transam didn't start you'd just chalk it up to age and condition and buy a new starter. If it got to the point you wanted a car that everything worked on, had 250 horsepower and got great gas mileage you'd sell the TA and buy something more modern.

I'm really not that passionate about this... I'm just bored and felt like expressing my opinion on this fiasco. Good luck to you all.

jdmm72

Ummm....but I just got it in June (up to 5th phone since June). It was brand new from the factory, and the second NEW one I got actually had 2.1 on it. I called in my problem in June, and have been fighting every since. Again, it and the TP2 (even older) are the only 2 Sprint phones that specifically meet my needs with a touchscreen and hardware keyboard. I run an IT business and having those is really needed for effective remote desktop use.

Remember, even the brand new Intercept (with EVDO rev.0) still has some trouble and the Galaxy line (Epic, Captivate, etc) is reporting a lot of trouble too.

The company that I've been happy with in the past is Motorola, but Sprint only has a Nextel device by Motorola.

pastafarian

And the Evo, DroidX and Incredible all have reported serious screen issues. The Droid2 may suffer from similar antenna issues as the iPhone4. My old 6700 had awful BT and the touch pointers fell off with ease, the Mogul had screen burn in and a easily broken usb port, the Touch Pro had keyboard failures and audio issues.

While it in no way excuses the manufacturers, the almost rabid demand for newer/faster/brighter devices almost guarantees that they'll be thrown out to the market fast and likely flawed.

If you're a geek or power user or use wifi regularly, you'll be frustrated by the lockup problem and post furiously on line about it. OTOH, if you're a "regular" user, you probably don't even know what the wifi's is ( I heard the iPhone has them) and will probably never face a lockup. The vast majority of Moment owners are "regular". Don't assume that because a device forum goes berserk about an issue that it's a majority issue. Heck, since Samsung never cared enough about this phone to implement OTA updates, I wouldn't be surprised if the majority of Moments out there are stilll on 1.5.

jdmm72

I don't use WIFI and I at least get a daily lockup sometimes 2 or 3 times a day. Also, a phone that will not make a call (IE: the moment) has a FATAL flaw. A phone whose screen gets a "oil stain" is a manufacturers defect. And with the Touch Pro, what did Sprint do? They replaced them with TP2s.

That is not what I am asking for. If they can software fix it, that's great, I'll be happy (not sure they can but hey.) If they can't software fix it, then someone needs to replace it with a parallel or upgraded model. The Intercept is a downgrade, sorry, not an option.

ovrrdrive

I don't really know what to say about that except you really should have done your research before you bought. MY upgrade isn't until December and I'm already reading reviews and the evo/epic forums to figure out what's up with them. I'm hoping Spring will come out with something better by then but if not I'm probably going to go with an evo.

I've bought into duds before in the past and it sucks. These days with so many devices out there I know what I want before I go into the store.

pastafarian

Get your phone swapped out, this is not even close to normal or acceptible. I recently had my phone swapped due to bad gps reception. The current one has had 1 airplane mode in 2 weeks. No lockups. Any other problems I have incurred have been due to the various roms I flashed. Radioactive (rebootactive?) 1.8.20 was especially bad and may even be the culprit behind the airplane mode.

BTW, Sprint never replaced the TP's with the TP2's. A lot of people know that if you complain regularly and get 4 swaps, Sprint may give you a free upgrade to shut you up. Some had legitimate problems, but many abuse it for free upgrades. So many people learned to game the system this way, I've heard Sprint has cracked down a bit on this practice and isn't as easy going with the free upgrades anymore. I know someone that did it 5 times in a row.

I forgot all about the TP oil stain. It was the least objectionable to me of the TP's problems.

mkern.eng

Thanks for guessing, but I am actually a Mechanical Engineer. I run FEA simulations for anything that moves, build computers, design webpages, and dabble in programming. They don't quite go together, but that is my range of expertise.

cbigmtich

having a phone that locks up 4-6 times a day isn't an annoyance, it's unacceptable. I had it lock up in the hood, had to pull over and reboot to get google nav back on. Now if I had gotten shot, would that be reason enough to sue? I didn't have to be in that neighborhood, but when I think the gps is working, it stopped, and I ended up there.

pastafarian

4-6 lockups a day isn't remotely close to normal or acceptable. Virtually every Moment out there is still under warranty. Go to a repair center and get that phone replaced. I'm on my 3rd unit, the first 2 had really poor gps reception and I thought it was a issue with the phone in general. My latest Moment's gps works great and in 3 weeks I have yet to see a lockup.

tc1uscg

I guess all that can be said about this is you can't depend on the phone when you need it most. It takes forever to boot so in an emergency, trying wake it up and it just stares at you with that nice big black screen of death, one can only pray the wifes crackberry has service. As far as Sprint goes. They don't care. CEO can go on tv and look all "we are much better now, give us another chance" doesn't fool anyone. Here's how the smoke screen works. Around 9000+ plus employee's have been laid off since March 2008. Just about all came from the Network Operations Division. i.e., those people who make sure the network is up and running and planning. Those left behind no longer work for Sprint. They work for Erricson who's offshore NOC's can't even talk good english enough to tell the switch tech what network problems he/she needs to work on. So, those left behind are below the lowest level of bad moral. So, if they don't/didn't care about the people who are responsible to make sure my phone is up an running, they sure don't care about our boo-hoo'ing about our battery. Churn rates are still high. But hey, you can't beat the price right? So, even with millions of x-sprint customers now happy with Verizon or AT&T, you would think Sprint would be a little better on making sure they don't sell us "not ready for market" devices. Nope.

Last edited by tc1uscg; September 4th, 2010 at 01:49 PM.

tc1uscg

Being someone who may build rockets doesn't make them someone who can fly one. As your back ground is respectable, all do respect, doesn't make you any more qualified to say anything about these phones and/or software then the little girl who sends 12k texts a month. Real user data is all that matters here. Just remember that.

ovrrdrive

Looks like someone is bring their friends to the forum to join the fight.

Like I said, I'm not passionate about this, I just don't see it being a life or death problem. Class action lawsuits are a joke unless you're the lawyer bringing it to court.

Silverexpress

I had this issue, and it came down to all the crappy software I downloaded from the Market. Some of which would access the internet in the background. THe worst was Weatherbug Elite Locator. For some reason it conflicted with the email synching - it came down to the access arrow in the upper right blinking off and on till the data indicator disappeared altogether, and the connection dropped. The only way to re-establish the connection was to cycle the power.

I started uninstalling all that crap, and not only did my connection returned to stable, but the gps improved, and the Moment got faster (needs internal memory for swapping temp files).

Try it. I bet most of these issues are due to crappy software. I've been down this road before coming from Palm (user for over 10 yrs).

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Last edited by Silverexpress; September 7th, 2010 at 10:43 AM.

SoulTerror

Good luck with that, my wife's phone got smashed over the weekend, we called the insurance company and they said they haven't seen a Moment in almost two weeks so now she is getting a HTC Touch Pro or something like that.

mrmojoz

Thats nice, but it has nothing to do with the issue. A Moment with no 3rd party software still has data lockups. The phone is flawed.

Silverexpress

Are we talking every moment phone manufactured? If so do you have factual data to back up this claim?

I've only had one phone that never gave me any issues whatsoever. sprint qualcomm. it was good at being a phone and sturdy too. No Internet, no gps, no accelerometers, or touch screens.

Last edited by Silverexpress; September 7th, 2010 at 02:44 PM.

eldiablojefe

Irony ftw.

mkern.eng

This issue is repeatable with a Samsung Moment phone fresh out of the box. Adding the apps may speed up the process, but I have duplicated this issue now on 7 phones. 4 of them were my replacement phones. 1 time was within 5 minutes of activating my phone in the store. Turn on Wifi, start watching youtube, manipulating google maps, or surfing the web. The lockup will occur.

mkern.eng

Are you Serious?!? Why do you think I started the thread on Facebook and have become active within the Sprint community? I am gathering the data of people who have had the issue along with their experiences. The whole point of this is so that people can see, "Hey all of these people have the same issue that I do, and hey this guy was able to get it resolved by doing blah blah blah". If I can find a resolution, or someone else can find one and shares it with the rest of the community then we are all benefiting. Even Sprint/Samsung will benefit, because perhaps they will fix the issue, and thus stop wasting their money internally listening to complaints, fixing "broken phones", and losing pissed off customers. I'm not sure of the purpose of your post other than to provoke a response. If you have some sensible thoughts on the matter of how we can get our phone issue resolved offer it, otherwise what are you doing?

cheech4

Does anyone know or think if ever there might be a OTA fix for this data lock up issue. i haven't had any on my phone but it would be good to know.

Hugh_Jeffner

Via the Facebook group:

jojoman454

In my oppinion a class action suit is not a bad idea. I am by no means a lawyer, nor am I a fan of people who spill hot coffee on themselves getting a settlement. All I want is a phone that works reliably where data lockups and power areconcerned. Also, the Sprint TV service that was a huge selling point for the "everything (when it doesn't lock up) data plan" has been stripped from me because I have root access on my phone, which I need to install more energy efficient programs as a result of the battery issue that came with th phone. Basic Sprint TV service is included with the data plan, and congress has decided that rooting my phone is my right, so why are those of us who fix the problems that are of their own negligent programming and testing practices bing punnished?

Stoney62

A complete waste of time!
HUH?????!!!!!! I'm rooted and watching a full version of The EVENT as we speak

Last edited by Stoney62; November 7th, 2010 at 05:50 PM.

IOWA

im in.

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thenrik

I'm in too.

Tom

Stoney62

A complete waste of time/effort! This is a class action that will never make it.

IOWA

Actually we do have a golden ticket if enough people follow through.

Samsung Moment data lock - breaches FCC rules - Class action lawsuit.