36 Replies Latest reply on Apr 3, 2012 4:42 PM by TaustinOC

    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.

        • on what grounds?

          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.

          • Re: Class Action Lawsuit
            yocalif

            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.

             

             

             

              • Re: Class Action Lawsuit

                A lot of companies need to be held accountable and they tend to not care about customers until you sock it into their pocket and threaten their existence. I just had an ordeal in regards of a refund where I received 4 confirmations that my refund has been issued that was 2 months ago. B&N gave me nothing but a run around, gave wrong numbers and it take forever to respond.

                 

                I had to file a complaint with BBB and several other consumer protection agencies but yet they haven't responded to none of those. So obvious B&N doesn't care about customer satisfaction and I rather have a business go out of business than give me crappy service and as an adult I think have been very patient.

                 

                Today I received another confirmation that said "they confirmed with A/R that my refund was issued yesterday and they apologize for system failure to process the initial request". Really? The 10 times within 60 days I contact B&N, you are telling me that each time the system failed but now that I involve consumer protection agencies, you are telling me that my refund really wasn't processed 2 months after the initial request.

                 

                If that doesn't require a some type accountability I don't know what does. Companies only respond when you fight back!

                  • Re: Class Action Lawsuit
                    So, dbatl, you'd sue over that? Yes, companies must be held accountable, but it is also up to us as consumers to determine the logic of our actions in line with what happens to us.
                      • Re: Class Action Lawsuit

                        Yup the same data entry mistake can be made several times. Just like NASA assumd there were 34 hours in a day....... Can you sue for mistakes (especially when they have been corrected)?  Not usually. Can dbatl show any damages to base a suit on? Nope.  Does the poster realize that MOST times when a consumer exerts pressure and threatens to sue ti exert their rights all efforts to correct the problem cease immediatly and the whole file is kicked to legal waitng for the consumers next move (which never comes) This includes agencey filings (BBB etc)

                         

                        If you want a virtual gurantee of NO resolution threaten to sue, or involve other agenceys. Any company from Mom and Pop to major corporations will exert their rights as well.

                  • Re: Class Action Lawsuit
                    roustabout

                    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. 

                      • 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:

                        • Re: Class Action Lawsuit
                          TaustinOC

                          roustabout wrote:

                          There are shysters who will file class actions over anything,



                          One does not file a class action lawsuit. One files a normal lawsuit, presents the court with evidence that it is a widespread issue affecting many people (the class), and asks the court to certify it as a class action.

                           

                          The first step is for someone to pony up several hundred grand in retainer fees to get an attorney interested.

                           

                          Class actions aren't actually all that common, nor should they be.

                        • 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.

                           

                           

                           

                            • Re: Class Action Lawsuit

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

                               

                              Not happy about my charge cord.

                              • 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.

                                  • Re: Class Action Lawsuit

                                    omnifold wrote:

                                    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.


                                    Then how about stating your opinion?   WHAT has occurred to you that makes you think you're entitled to damages and ..... how widespread is this problem that it warrants a class action?

                                     

                                    Vent away....but give us FACTS, not fiction.


                                     

                                    • Re: Class Action Lawsuit

                                      omnifold wrote:

                                      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.


                                      If you're going to quote me at least give me attribution.

                                       

                                  • Re: Class Action Lawsuit
                                    Nallia

                                    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?

                                    • Re: Class Action Lawsuit
                                      Omnigeek

                                      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 ...

                                        • Re: Class Action Lawsuit

                                          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.

                                        • Re: Class Action Lawsuit
                                          Allem-o

                                          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.

                                          • Re: Class Action Lawsuit

                                            Wow....really? 


                                            The fact that the thought even entered your mind is sad. The fact that you actually decided to share this thought with us is tragic. What's even worse is I was bored enough to add my two cents. 

                                             

                                            I have had a NC and charger since February with no issues at all. While I am sure that I am just fortunate to not have had any issues, if I did, I am confident that B&N would take care of me. If they didn't, then I would go to MicroCenter or whatever my local computer geek store variant is and find an off the shelve replacement since USB power cord technology is not a B&N invention. This replacement would probably be cheaper but you would have to sacrifice the glowing N that looks cool.


                                            Hmmmm...maybe I should sue for the time I just lost writing this post:smileyhappy:

                                             

                                             

                                              • Re: Class Action Lawsuit
                                                Just so you know, DinoKym, BN has to my knowledge replaced cords as needed. Some have had issues getting replacements when they bought their NCs at other stores and the other retailer didn't pass on the purchasing info. Or, when they've just emailed, rather than called, BN. The return emails from BN always say to call. As far as buying a cord elsewhere, well the BN cord is different. It has 2 extra pins for faster charging. So, using another usb cord is not adequate, you need the BN one. And, the reason I think BN has problems replacing cords for NCs without purchase info is probably because they would have no idea if the NC was actually bought and not stolen.
                                              • 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.



                                                What are you talking about?    "...so many problems..."    How many is that?   What percentage of those sold do you think that number is?     1/2 a percent?    Less?   More?

                                                 

                                                And what do you mean....they can't even keep up?     Keep up with what?  

                                                 

                                                 

                                                • Re: Class Action Lawsuit

                                                  omnifold wrote:

                                                  Class Action Lawsuit



                                                  I think this is a wonderful idea!  We all know the poor starving lawyers need a helping hand to get through these tough economic times, and what better way for them to get rich than a lawsuit where they get to reap huge rewards for themselves, without really having to give up much of anything to the actual claimants. 

                                                   

                                                  You are a generous person omnifold, to go to this extreme to help some income-stricken lawyers out at your own expense  :smileywink: 

                                                    • Re: Class Action Lawsuit

                                                      MikeNC wrote:

                                                      omnifold wrote:

                                                      Class Action Lawsuit



                                                      I think this is a wonderful idea!  We all know the poor starving lawyers need a helping hand to get through these tough economic times, and what better way for them to get rich than a lawsuit where they get to reap huge rewards for themselves, without really having to give up much of anything to the actual claimants. 

                                                       

                                                      You are a generous person omnifold, to go to this extreme to help some income-stricken lawyers out at your own expense  :smileywink: 


                                                      I know I was very touched by Omnifold's concern for all of us poor starving lawyers.  Would it hurt the rest of you to come up with other unique and profitable class action lawsuits? 

                                                        • Re: Class Action Lawsuit

                                                          rbentley101 wrote:

                                                          MikeNC wrote:

                                                          omnifold wrote:

                                                          Class Action Lawsuit



                                                          I think this is a wonderful idea!  We all know the poor starving lawyers need a helping hand to get through these tough economic times, and what better way for them to get rich than a lawsuit where they get to reap huge rewards for themselves, without really having to give up much of anything to the actual claimants. 

                                                           

                                                          You are a generous person omnifold, to go to this extreme to help some income-stricken lawyers out at your own expense  :smileywink: 


                                                          I know I was very touched by Omnifold's concern for all of us poor starving lawyers.  Would it hurt the rest of you to come up with other unique and profitable class action lawsuits? 


                                                          If I come up with a good tort, can I have half of your 50%? You don't mind if I hire out a third party lawyer to work out the details do you? Wrapping my head around the concept of DRMs has caused me mental anguish, and there must be others out there like me who feel entitled to compensation, at the very least for all the Excedrine I have purchased to cope with the trauma I have been the innocent victim of. (too much?)
                                                          • Re: Class Action Lawsuit
                                                            Omnigeek

                                                            rbentley101 wrote:

                                                            I know I was very touched by Omnifold's concern for all of us poor starving lawyers.  Would it hurt the rest of you to come up with other unique and profitable class action lawsuits? 


                                                            First one on my list would be one against the American Trial Lawyers Association for increasing the costs of living, medicine and generally doing business by defending and even pushing frivolous lawsuits.  As I recall, Peter Angelos alone got $250M for filing less than 1000 pages of boiler plate as Maryland's contribution to the federal government's war against smoking. 

                                                             

                                                            One against PETA for attempting to interfere with my ability to get tasty animals at KFC and other places.

                                                             

                                                            One against every member of Congress in the past 80 years for voting for ... well, everyone has a favorite law they dislike!  :smileywink:

                                                             

                                                            Now for the big money ...

                                                             

                                                            A suit against NBC, ABC and CBS and overpaid trashmongers like Charlie Sheen for the mind-numbing pap they have foisted on the American public using public airwaves!  Think of how many brains they've destroyed and lives they've damaged over the years!  Give ABC a partial pass for "Schoolhouse Rock" and the "ABC After School Specials" but they've had some horrible shows too.

                                                             

                                                            Godaddy for the mental anguish caused by their most recent Super Bowl commercial with Joan Rivers.

                                                             

                                                            One against Speedo and any clothing manufacturer that makes spandex or lycra swimsuits in "plus" sizes.

                                                             

                                                            I'll think of more ...  :smileywink:

                                                        • Re: Class Action Lawsuit
                                                          phoneboy

                                                          My 2 cents...

                                                           

                                                          • Re: Class Action Lawsuit

                                                            I hate dealing with lawyers but they are both a necessary evil and a godsend-depending on which end of the lawsuit you sit on. I totally understand the request for a class action lawsuit - it is borne out of total frustration with B&N Nook/ebook division and perhaps other poorly run "live" stores. And yes, many of those class action lawsuits seem to be frivolous and the only one who really benefits are the lawyers. But companies have to be held accountable somehow for shoddy business practices, and if they go out of business, so be it.  That's the law of free enterprise - live and die by the sword. If a company can't deliver as promised, ignores consumer issues, and continues to stop on consumers hiding behind a veil of legal agreement sign-offs to use their products, then I say, go for the lawsuit. Fair game. I am having a very frustrating experience with their 140-page legal agreement that we all must sign in order to registger our Nook. And yes, buyer beware, read the fine print, yada yada. I got caught with my "pants down" by unknowingly agreeing to the bait-and-switch practice  B&N uses - changing book prices on customers at anytime point without notifying them - this can occur at any  point within the electronic purchase, from minutes to hours later. A wonderful customer service rep told me that and reminded me it was my fault because I agreed to it by checking off "I agree" during my registration process. B&N has the "right" to hold your purchase (i.e. delay "syncing it" , delay crediting your account, for whatever lame/real real reason during your e purchase) and then charge you a new, higher amount because, geez gosh darn it, you missed that Free offer by seconds.  Sorrrrryy!  Better luck next time.....I only got burned for 20 bucks, but in this recession, a penny lost is, well, a penny lost. Of course my recourse was to try to get the money credited - but their purposefully inept customer service is enought to drive the sanest person looney, and in the end, still you have been ripped off for whatever they billed you for their FREE books. Going the credit card complaint route is the next option, and 3 months later, the credit card company comes back with, so sorry, but ahem, not knowing is not an excuse --even though you didn't read that sentence informing you of B&N shyster billing practices, you nevertheless agreed to them, so guess what dearie, you lose.  Now you owe not only the $20 for the FREE books, but also a late fee to the bank.....Lesson learned. No more Nook for me. I now have an ipad and use itunes/kindle. Of course I now have to go back and read the fine print to see how they might screw me over too.....my guess is I'm going to go back to reading the old-fashioned way - get a library card. Painful but at least no unexpected charges on my credit card.

                                                            • Re: Class Action Lawsuit
                                                              gb18

                                                              Be prepared......you are going be viciously verbally lashed for daring to complain about b&n here!

                                                                • Re: Class Action Lawsuit
                                                                  roustabout

                                                                  Hatenook, you should PM Alex, the community manager, with the details of your purchase and the pricing hiccup.

                                                                   

                                                                  It may take some time, but I've gotten a mispriced book credited properly back to my account.  I think the community managers here have access to some folks that are not available to the folks on the billing line.  I'm not saying that's how it should be, but it can help you in your specific situation.   

                                                                • Re: Class Action Lawsuit

                                                                  For anyone having problems with the Nook Color AC Adapter or cord, especially those where things are melting, burning, electrical arcs are seen (fast blue flame), or even slight burns to fingers, please go to

                                                                   

                                                                  www.saferproducts.gov/

                                                                   

                                                                  and file an incident report.  I had a Nook Color AC Adapter get extremely hot to the point my fingers were sore after touching it.  After unplugging it and letting it cool, the adapter no longer functions.  This appears to be a pretty common problem.  Model number for the AC Adapter/charger is BNRP5-1900.