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Contributor
omnifold
Posts: 12
Registered: ‎05-02-2011

Class Action Lawsuit

Has anyone have an idea how to do this. This is awful that we have so many problems with adapters and nooks that they can't even keep up.

Inspired Wordsmith
chuck4prez
Posts: 722
Registered: ‎04-29-2011

on what grounds?

[ Edited ]

I would not even suggest it. The stores are struggling enough as it is, and I would hate to see them go away. Do you have evidence of willful wrongdoing, or an injury claim that BN has not compinsated you for? It would cost a ton of money for BN to defend themselves, and it would cost a ton of money for them to settle. If your heart is set on it though, you can probably find a lawfirm with time on their hands on the cover of your phonebook. I just hope the shortage is because they are working on a better design for a recall instead of giving out more faulty equipment.

Inspired Wordsmith
yocalif
Posts: 817
Registered: ‎01-03-2011

Re: Class Action Lawsuit

Classaction lawsuit?

 

Are you a responsible adult?  You are capable of making decisions, like hmmmm where do I look to find B&N CS phone number, should I go to a B&N store and ask for their help,   my Nookcolor isn't working so do I return it via USPS, or UPS?  

 

Being an adult, you do realise that this B&N support forum isn't just a love fest, that lots of people come here to seek answers and some just to complain, however this tiny sampling is only about tenth of percent of the Nookcolor owners.  So far any issue reported here are not epidemic and more or less incidental failure.  If you want to see what epidemic failure looks like go to April 27th two days after the 1.2 update when the B&N server failed and started reseting Nookcolors, that failure effected thousands and this board's thread titles were filled with complaineds for several days.

 

Have you ever been a part of a consumer class action lawsuit, I have and guess how much I got,  ZERO!  We got paid in company stock based on the amounts we lost.  After the judgement and notifications were sent out, that company simply declared bankruptcy, my loss was over $10,000.  And you want to whine to some highly paid lawyers over a $250 purchase, because a few have defective USB connectors, or customer service is in-efficient or sometimes fails to respond.  Forgetting that this Mfg does warranty exchange, or that if you purchased yours directly from B&N you can simply drive to the nearest store and get a replacement in many cases.

 

Next thing you will want to sue because the Miami Heat lost to Dallas, and you are disappointed and feel ripped off.  Civil lawsuits cost the US economy over 200 billion dollars per year! According to the US Federal News, every taxpayer in the US is now paying a “lawsuit tax” of around $700 – $800 per year.  Thanks for making me pay extra for your frivolous suit mania.

 

 

 

Distinguished Bibliophile
deemure
Posts: 3,933
Registered: ‎12-28-2009

Re: Class Action Lawsuit

Be prepared to lose or to take it to the Supreme Court. Take a gander at the recent class action lawsuit by female Walmart emmployees which will impact all future class actions. All that being said, no doubt you could find a lawyer to sue, but you would have to prove you were an injured party to have status. Furthermore, you would have to prove that any injury (not necessarily physical), was caused by the adaptor or cord. Hard to prove, since it's possible any number of people could have misused their cords and/or adaptors in any number of ways that caused failure. This is the main reason why companies will never apologize nor take responsibility overtly. They will, however, replace defective items, which in the absence of hard evidence of willfull wrongdoing, is all they are required to do. Unless, you and others can prove otherwise. The problem is further compounded by the fact these items have been approved by UL so they meet some expected standards and no disinterested party has come forward to say they are faulty and that BN doesn't care. And lastly, you cannot base any notion of a widespread problem on what has been posted on these boards. The people that post on support boards do so because of problems, but represent a minute portion of all users.
"I still believe in spite of everything that people are good at heart." Anne Frank.
Distinguished Bibliophile
roustabout
Posts: 3,697
Registered: ‎03-31-2011

Re: Class Action Lawsuit

[ Edited ]

There are shysters who will file class actions over anything, including the belief that a company is selling itself at too low a price. 

 

I'm sure one of those companies would be delighted to take your money for an initial consultation.  You can find securities class actions all over the place.

 

As Deemure pointed out, members of  a class need to have standing and damages. 

 

So far, the OP hasn't posted anything indicating that they had a problem with the charger.  Nor that, after the problem occurred, BN refused to fix it. 

 

That shouldn't be a hindrance, though - if you've worried about your charger, surely you're a member of a class with  a cause of action for mental distress and perhaps pain and suffering. 

 

Not to mention medical bills. I'm sure the OP consulted at length with their doctor about the sleepless nights and inability to eat that this potential problem was causing.  Reimbursement for the doctor bill, and the psychiatric referral that no doubt followed, would give the OP standing. 

 

Meanwhile, out in the world, yes, there are issues with the charging system.  There do seem to be some actual damages associated, and some actual risk.  I've been very vocal about this, but at the same time, as far as I know, on every occasion where there's been a problem, Barnes and Noble has fixed it - they've replaced cords, chargers, nook colors and, when asked, furnishings. 

 

The power adapter has a Class II UL rating.  A Class II power source has limited energy available.  Class II chargers are considered not capable of hazardous shock or ignition by UL. 

 

I posted this offer a bit back, but I hope this ludicrous thread gets plenty of views:  if anyone here has an NC that's reliably showing a major electrical fault (ie, not just not charging or not synching or getting a little warm, but always getting hot and beginning to show screen or case damage from heat, or which has good evidence of melting or igntion/smoldering) I can put you in touch with UL. 

 

UL is interested in some of the reports they've seen but don't have access to a failed device as far as I know.  BN will replace the device and ask for a secure cross-shipment, that is, if they don't get the device back, they'll bill you for the replacement. As a rule, when a consumer has UL phone a  manufacturer to say "we're looking at this unit, it might be a little late getting back to you" the manufacturer understands and appreciates what's going on.  Their insurance rates are set by underwriters and the UL is the underwriters' laboratory, after all. 

 

If anyone is willing to submit a complete faulty system (NC + cable + charger)  to UL, I will purchase a replacement for them, or reimburse in the event that they're billed.  (Obviously, I'd prefer the second, but am willing to actually pay for a new device to get a failed device submitted to UL.) 

 

None of this implies any interest in a class action on my part.  It does imply that I think letting UL analyze a failed device and make recommendations on how the construction could be improved is a really good idea.  Such a good idea that I'm ready to put my money where my mouth is on this point. 

 

I think there is no basis for a class action, but by all means, if the OP wants more lawyers in their life, I would not want to stop them.  I tend to view having more lawyers in my life as about two notches more desirable than having more live-fire ranges in my apartment and several notches below having more oncologists in my life, but everyone's tastes differ. 

"no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment to the US Constitution.
Inspired Wordsmith
beeyebickiebuy
Posts: 514
Registered: ‎03-21-2011

Re: Class Action Lawsuit

Class action lawsuit?

 

I think that there is only one response to this ====>  laughing

Frequent Contributor
DaKiltedOne
Posts: 28
Registered: ‎04-05-2011

Re: Class Action Lawsuit

Really? A far better use of my time is popping over to my local B&N for a new cord when I need one. A law suit over an USB cable? Really?
Distinguished Correspondent
Tboner
Posts: 144
Registered: ‎01-19-2010

Re: Class Action Lawsuit

I see five posts by you in this forum.

 

All are complaints about one thing or another. Two on a bright spot on your screen this one about USB cables that hasn't been mentioned by you before. Never a mention if you've tried to get a replacement. Never a request for advice.

 

My grandfather had a comment that applys to attitudes like yours.

 

You'd cry if they'd hung you with a new rope.

 

Gramps was pretty smart. Go attempt personal redress before you try to troll for others to join your griping.

 

 

 

Contributor
InkMolecule
Posts: 15
Registered: ‎02-12-2011
0 Kudos

Re: Class Action Lawsuit

[ Edited ]

This is good. One person is griping over someone else griping. I figured I would join the party.

 

Not happy about my charge cord.

Frequent Contributor
JimJoe
Posts: 62
Registered: ‎11-19-2009
0 Kudos

Re: Class Action Lawsuit

Oh, I don't know... here I am finding people grouchier than I am.  At least I'm not grouchy all of the time.

 

Let me set my own genre suggestions. Owner of 3 ereaders.
Contributor
InkMolecule
Posts: 15
Registered: ‎02-12-2011
0 Kudos

Re: Class Action Lawsuit

I am never grouchy. That is not fair. If you can be grouchy then I want to be able to be grouchy once in a while too.

Nallia
Posts: 4,758
Topics: 125
Kudos: 3,238
Solutions: 4
Registered: ‎02-15-2010

Re: Class Action Lawsuit

[ Edited ]

omnifold wrote:

Has anyone have an idea how to do this. This is awful that we have so many problems with adapters and nooks that they can't even keep up.


You don't. 

 

You will have to contact a lawyer who deals in product liability/personal injury about the damages you have suffered as a result of the adapter.  You will need to provide medical records and evidence that B&N has not acted in good faith to remedy your situation.

 

If enough other people come forward with claims and evidence of personal injury/illness/death against B&N the lawyers will decide to file a class action suit with the courts to include all plaintiffs under the same filing.

 

Out of curiosity, what actual injuries/damages have you sustained that B&N refused to address?

Contributor
TheReadingGardener
Posts: 5
Registered: ‎07-09-2011
0 Kudos

Re: Class Action Lawsuit

Lol....
Contributor
omnifold
Posts: 12
Registered: ‎05-02-2011

Re: Class Action Lawsuit

And you could simply ignore this thread instead of attempting to foist your will on others.

 

Inane or not people have a right to state their opinions even if they will disappear into oblivion or seem useless to you.

 

Venting can be a healing process, if you don't feel a need don't participate.

Distinguished Scribe
Omnigeek
Posts: 903
Registered: ‎01-25-2011
0 Kudos

Re: Class Action Lawsuit


omnifold wrote:

Has anyone have an idea how to do this. This is awful that we have so many problems with adapters and nooks that they can't even keep up.


As annoying as I find spontaneous reboots, I hate lawyers and class action lawsuits even more.  Garbage like that is what's been destroying American industry for the past 30 years.  B&N has made a few mistakes with the Nook design -- they do a pretty good job of trying to compensate for them -- or is your own work flawless?  If you're that good then I want to hire you -- of course, we may get a class action lawsuit going when you make your second mistake ...

Currently reading: Destiny of the Republic, Angel Fire East, Batman Year One, Appleseed
Distinguished Correspondent
Allem-o
Posts: 98
Registered: ‎04-06-2010

Re: Class Action Lawsuit


omnifold wrote:

Has anyone have an idea how to do this. This is awful that we have so many problems with adapters and nooks that they can't even keep up.


Kindle troll ... move along here, there's nothing to see.

 

What is it with Kindle ownders coming on the B&N boards and posting how much they hate the nook and nook color?  Are there nook owners over on the Kindle boards reciprocating? 

 

Kindle owners...read your Kindle's.  We are happy that you love the Kindle more than the nook.  Please though, just stay on your own boards and quit clogging ours up with your inane whining.

Distinguished Bibliophile
deemure
Posts: 3,933
Registered: ‎12-28-2009

Re: Class Action Lawsuit

[ Edited ]

I have to say I take exception with the notion that venting for its own sake does any good at all. I believe it often fosters bitterness. That is, unless it is used in a constructive manner. If used to voice complaints where the suggested course of action is out of line with the complaints, it is plain old griping. If used to share or to elicit appropriate concern from others, it can be cathartic. If used with a possible outcome or redress in mind, it can be considered even admirable. When a vent is just a vent, it becomes a rant that is not always received well.

"I still believe in spite of everything that people are good at heart." Anne Frank.
Distinguished Wordsmith
rbentley101
Posts: 222
Registered: ‎04-04-2011

Re: Class Action Lawsuit


roustabout wrote:

I think there is no basis for a class action, but by all means, if the OP wants more lawyers in their life, I would not want to stop them.  I tend to view having more lawyers in my life as about two notches more desirable than having more live-fire ranges in my apartment and several notches below having more oncologists in my life, but everyone's tastes differ. 


Personally I think everyone could use more lawyers in their life,  I find it very desirable and profitable.  Don't disagree with me or you will hear from my lawyer.  :smileywink:

Inspired Correspondent
Andromeda208
Posts: 171
Registered: ‎05-21-2010

Re: Class Action Lawsuit

Just buy a new USB cable for about $30.00. It's has to be cheaper than a consult with a lawyer.
Inspired Bibliophile
Schwa
Posts: 1,011
Registered: ‎11-18-2010
0 Kudos

Re: Class Action Lawsuit

[ Edited ]

Andromeda208 wrote:
Just buy a new USB cable for about $30.00. It's has to be cheaper than a consult with a lawyer.

This