MrB206 wrote:
"...But again, you agreed to pay monthly, verizon never agreed to update you to ics in your contract/agreement."
That may be true but that argument is imaterial here.
I agree, yet it keeps coming up.
The material issue is VZW and LG (on more than one occasion) released press releases (initially before the device was even made available for purchase, then one time in May) that advertised a key feature for the phone in a specific timeframe. In those releases, they did not indicate "capability to run" but "will receive".
Because it influenced purchasing decisions and because it had an impact on customers assessing value for the device (and because it only was available on one carrier) the carrier's service to the customer, where there were alternates in both devices and carriers for the consumer, this act is material and fraudulent.
It is an illegal business practice in the United States. :ridinghorse:
I'm not a troll even if my kids think so.
Here's the issue: the FTC has specific guidelines for deceptive advertising and while LG may have met those criteria for a claim with the FTC, Verizon hasn't.
BTW, all of this "SUE THEM!!! YARRR!!!" (in my angry pirate voice) is asinine, because any deceptive advertising act is illegal under 15 USC 41 (The Federal Trade Commissions Act) and enforced by the Federal Trade Commission, so *if* you have a complaint, it will only be heard and possibly addressed if submitted through them.
But before anyone does that, let's consider the rules advertisers must follow:
Advertising FAQ's: A Guide for Small Business | BCP Business Center
According to the FTC's Deception Policy Statement, an ad is deceptive if it contains a statement - or omits information - that:
Is likely to mislead consumers acting reasonably under the circumstances; and
Is "material" - that is, important to a consumer's decision to buy or use the product.
First things first, everyone here needs to understand is civil/common law has this thing called the 'reasonable person' standard; things are not typically black and white and it's generally determined by what a reasonable person would understand the text/law to be. Notice the FTC refers to someone acting 'reasonably'...?
So now that we have that out of the way, let's look at Verizon.
Until recently, the specs page for the Spectrum read: Operating System
Android™ 2.3 Platform (Gingerbread) (Upgradable to Android 4.0) (or something close to that... I don't recall the specifics, but 'upgradable' is the word I know was there.
Verizon-LG Spectrum
Now, for Verizon to be guilty of deceptive advertising, a reasonable person would have to see that (which wasn't widely displayed on advertising, but was left to their website and select in-store spec sheets) and believe that meant buying this phone ensured an upgrade to 4.0. But that's a hard sell, since a reasonable person would/should know that stating something is upgradable does not mean it WILL BE upgraded; anyone that's bought a new car knows this and it's not hard for an attorney to argue the fact that 'upgradable' meant the hardware supported the newer version. Had the OS and 'upgradable' been plastered on all the signs and literature to sell the product, there would be a better case that it was a selling point, but it simply was nothing more than a spec sheet footnote that very few customers, other than people HERE and nerds for specs, would see.
So claims against Verizon are moot.
Now, I think in the other locked thread, there was some press release from LG that gave a specific upgrade date, so let's talk about that....
For your complain with the FTC to have any merit, you would have had to purchase the Spectrum *AFTER* that press release was put out, because if you purchased before that press release, there's no way it could have deceived you into buying the product.
Remember, the FTC lawsuits are complaint-driven, so if/when they receive enough *legitimate* complaints, they can sue a company for a violation of the FTCA.
So, if you can find people who purchased Spectrum phones *AFTER* the date-specific LG release was put out, they could file complaints with the FTC for deceptive advertising. However, for the rest of us, the deception by LG did NOT influence our decision to buy the phone, so any claim as such is false.
I'm not saying this whole debacle wasn't a farce, nor am I saying LG offered us a great product; quite the contrary, I think we were given great hardware with shit software. But before people start going down the 'sue them' warpath, it's best to know what we can and can't do. If you guys want to find a group of people that bought the SPec after the LG release and can get them to file FTC complaints, AWESOME.... we might see some action against them. But otherwise, it's best to chill, stop the litigious warpath and learn from this. IMO, if LG cares this little about the product quality they deliver, then I'm not going to support them in the future... I'm sure many of you feel the same.