Palm 130 color capability consumer investigation

[onespeed]

We are investigating the claims about the alleged false Palm 130 disclosures regarding the color capability of this unit. It would appear that such a suit would be suitable for a consumer class action. If you are interested in being a representative plaintiff or learning more about this potential action and any claims you may have as a wronged consumer, please email me.

Thanks

Onespeed

[Calvados]

I sure I will get falmed for this, but can't a company make a mistake without the first thing we think of is a lawsuit? So they mistated the amount of colors that the machine can show, this is not the first time a mistake was made and will not be the last.

I know that my thinking is not as everyone else's, but in the long run when a company has to pay a settlement it is the customers that ultimately pay for the settlement in higher prices.

I for one think that this board is not the place to be trying to find people for a lawsuit!

Don't mean to offend anyone, just my personal thoughts.

Have a nice day,
Calvados

[PCnotPC]

Was anyone physically injured by the lack of a few thousand colors on their Palm m130? I doubt it. If they had been, we would have heard about it by now.

Was anyone impacted in their wallets by the difference between a true 16-bit screen and the pseudo 16/12-bit screen on the m130? Probably so, because they would have had to pay MORE for the real thing.

If someone with a name to make for themselves had not taken the time to initiate and pursue the investigation into this subject, then publish their findings and stir up the "victims" and their ambulance-chasing lawyers, most if not all of the owners would never have noticed the difference and gone on about their daily lives happy and content with their color PDA.

I have noticed that there are a lot of people that hang around these boards (and others) looking to get something for nothing. This type of litigious attitude is right up their alley, filling their heads with thoughts of free m130s, etc. How sad.

I have to agree with Calvados on this one. All that will really come of such litigation is a few lawyers will get rich and we will all pay more for our next PDA.

:mad:

[onespeed]

I am surprised by the lack of concern that you have here. Consumers who bought the M130 were basically sold a product that didnt live up to its claims. Do we allow a huge company that we know has a huge r&d department, to make false claims that impact the public by making you pay more for a product that should have sold for less? Are we supposed to believe their engineers just never had a chance to do the tests? I am not buying it, but you apparently have. If someone sold me a product that didnt live up to its claims, I would be mad as hell.

Your supposition that we will pay more for a palm in the future from the impact of any litigation this suit may bring is misguided because you have already paid more for a product that should have cost less if the true capabilities had been properly documented.

Litigation keeps companies from stretching the truth. We are the ones that pay for it in the long run.

[Calvados]

It is your attitude that is surprising. If we followed your logic we would never trust anyone for anything because no one or no product can live up to all the claims that are made. I think the problem here is not that a Large claim was made that brought about a real prejudice to the buyers, but a mistake that cost them a few colors. I am sure that not many of the users of the Palm 130 could tell the difference between 12bit & 16bit color, I am sure that I cannot. On top of that I have followed this board for a long time and I can assure you that when the 130 came out no one was complaining about the lack of colors, but bragging about how good the color was, so they were not feeling cheated at this point. Can they now see a difference all of a sudden because someone said your machine is only 12 bit and not 16bit color? I doubt it very much.

Why must people always try to take the mistake of someone else and turn it into profit for themselves. Why can we not just say we made a mistake we are sorry. There is a big difference in a mistake and an intent to cheat someone.

Calvados

[onespeed]

"Why must people always try to take the mistake of someone else and turn it into profit for themselves." "Why can we not just say we made a mistake we are sorry. There is a big difference in a mistake and an intent to cheat someone."

Palm has already taken their mistake and made money off it by selling it to the public at an inflated price. Why do you see an apology from a huge company as adequate recompense for them cheating you out of your hard earned money?

"Why can we not just say we made a mistake we are sorry. There is a big difference in a mistake and an intent to cheat someone."


If they were able to come up with the exact number of color capability right after the first claims started cropping up, doesnt that seem a bit suspicious? Seems like they knew it all along. They just wanted to see if it would blow over. The first rule about admitting a mistake is to come clean before someone points it out. Palm decided to come clean after they were caught. A forced admission of guilt is never adequate to the wronged party-except you of course, as evidenced from your last post.

[PCnotPC]

How do you figure that the m130 would have originally sold for less if it was advertised as having a 12-bit screen?

The current Handspring Treo offerings have 12-bit color screens and both sell for more than the m130's original $279 (now $249). Yes, I know that they also come with 8MB more RAM, but how much is that really worth?

If Palm had made a claim concerning their product that ultimately was shown to be a danger to the user, I would be right next to you pushing for something more than "Oops", but this is a matter of exaggeration, and no one has yet to prove any intent to defraud on Palm's part.

And yes, any class-action litigation will drive up the prices in the future. Have you seen the price of a pack of cigarrettes lately??

:confused:

[Calvados]

Originally posted by onespeed

If they were able to come up with the exact number of color capability right after the first claims started cropping up, doesnt that seem a bit suspicious? Seems like they knew it all along. They just wanted to see if it would blow over. The first rule about admitting a mistake is to come clean before someone points it out. Palm decided to come clean after they were caught. A forced admission of guilt is never adequate to the wronged party-except you of course, as evidenced from your last post.

Sounds to me as though you have the ability to know what people are and were thinking before you have ask them. And yes, sometimes saying your sorry is enough.

Originally posted by onespeed

A forced admission of guilt is never adequate to the wronged party-except you of course, as evidenced from your last post.


If being one of those that accept sorry as an apology is bad then I guess I am in that case. I perfer to be the way I am than to think that everyone is out to get me and that they are just waiting until I turn my back to make their move.

God bless America because we live in a country where I can be the way I am, you can be the way you are and we are both free! :)

Have a nice day,
Calvados

[onespeed]

I cannot repsond to the price comparisons between the different models. I dont know enough about the features or claims across the board. People who bought the m130 may have wanted it because it was a Palm and not one of the other brands you mentioned.

However, I think it is evident and clear to any consumer that you pay more for the product with more "bells and whistles." The "bells and whistles" we are talking about here is the color capability. Palm made a claim that they couldnt deliver on. Whoever bought the item paid for the item partly based on that claim. They would have paid less if the claims had not been so great. Why is this hard to comprehend?

Comparing this type of litigation to the tobacco litigation is throwing me a curve ball. I cannot even link these two cases. They have very little in common.

[PCnotPC]

If such a class-action suit is brought against Palm,

By the time the lawyers go through their discovery and due diligence in notifying registered m130 owners and the general public of their possible class status,

By the time the case actually comes to trial or reaches a settlement,

By the time the lawyers take their pound of flesh out of the proceeds,

The plaintifs will be getting a voucher for $10 good toward their next purchase of a Palm product,

And the m130 will be two or three generations behind the curve,

And the only winners? The plaintifs' lawyers.

The "victims" get screwed twice.
:(

[onespeed]

You are a defense lawyer's dream class representative.

You should consider contacting Palm and offering them your support in this litigation. We dont stand a chance with you on the other side.

Consider this though. If Palm gets away with this one time, what makes you think they wont try it again?

[PCnotPC]

Where in my previous post do I have Palm "getting away with it"?? In my scenario they lose or settle (I didn't even take into account a "win" for Palm, but even then the lawyers are still the only winners). Palm pays out the wazoo, the "victims" get a token award and the lawyers walk away fat and happy. Cha-Ching!

For the record, I have been a member of two class actions. The first, when I saw what a joke the award was going to be, I didn't even bother to join, and the other I actually followed through and received what I thought was a decent settlement. Been there, done that, batting .500. I feel your pain.

Not being an owner of an m130, I can't really say what I think Palm should do. I do think that most people who bought the m130 were looking at a color model at a reasonable (?) price and would have bought it whether it said 16-bit, 12-bit, or whatever. Most buyers probably haven't heard of this hullabaloo and wouldn't know what the difference between 16-bit and 12-bit amounted to anyway. If a tree falls in the forest does it make a sound? If a user is happy with the color screen on their Palm m130 does it matter (in the long run) if it can't display a few thousand colors that they will probably never use or be able to differentiate anyway? Should Palm pay? Sure, let them send everyone the $10 voucher they will ultimately get from your suit now and cut out the middlemen lawyers.

[Pointman]

True Courtroom Drama

Q: Doctor before you performed the autopsy, did you check
for a pulse?

A: No

Q: Did you check for blood pressure?

A: NO

Q: Did you check for breathing?

A: No

Q So, then it is possible that the patient was alive when you began the autopsy?

A: No

Q: How can you be so sure ,Doctor

A: Because his brain was sitting on my desk in a jar.

Q: But could the patient have still been alive, nevertheless?

A: Yes, it is possible that he could have been alive and practicing
law somewhere.

[pdafan]

you know, the only one who makes anything on a class
action suit is the lawyers.

be real here people. look at all the rave reviews the m130
has gotten before anyone knew it was 12 bit and not 16
bit. if nobody ever told me, i would never know.

it has no effect on the games i play and i play alot of them.
it has no effect on my ebook reading nor my photos in
avantgo. even astraware has claimed that acidimage
works just fine in 16bit mode on the m130.

for all of you who loved it when you bought it what's
changed? the screen is still beautiful. i paid 204.00 for
mine and don't feel i got ripped off by palm.

the treo 90 is also 12 bit but since handspring didn't make
a "mistake" it's ok? they too had their share of problems.
they had to recall the 270 and treo 90 for bad backlights.

class action bull. and i agree with calvados. if you want to
gather plaintiffs for a class action suit, don't do it on the
boards. it's really bad board etiquette. all registered owners
of the 130 will find out about a suit if there is one same as
those who found out with the iomega zip drive.

for the rest of you. here's my advice. enjoy your 130 the way
you did before you knew about this. you don't use the whole
palette when viewing. everything still looks the same 12 bit
or 16 bit.

here's a better one. it has a 10x better display than the
m515 and that's one is 16 bit. so much for that huh? beauty
is in the eye of the beholder. my eyes say it looks just fine.:D

[TheSpies]

Originally posted by onespeed
such a suit would be suitable for a consumer class action. If you are interested in being a representative plaintiff or learning more about this potential action

Looks like its already happening. After all its very important to have 46 shades of greenish-blue on your handheld!

http://www.usatoday.com/tech/news/2002-08-28-palm-suit_x.htm

[removed]

you stupid people. If you don't like have a few thousand colours missing THAN TAKE THE DAMN PALM BACK and get a NEW ONE. I could care less if its missing what 6k in colours ? you wont even notice it.And why the hell are people to sue happy ?? It's ridiculous ....

[JonyQ]

Absolute garbage! How can you look at yourself in the mirror every morning?
With a few missing colors your life is ruined? I bet your mom was the person who sued McDonalds for selling HOT COFFEE!

It must be difficult functioning without a spine. Sheesh!

[DrMud]

How about them dogs!? Go get him boys!
DrMud

[removed]

lol

[DrMud]

I'm glad I didn't notice this posting until so many great responses were posted. I get a sever head ache when I see the opportunist of the world jump in. Palm has already publicly stated they intent to compensate the 130 buyers. Thanks to Calvados, PcnotPC and all the rest that jumped in and said it all so well!
DrMud
PC: For the few that may have been confused by my post of yesterday regarding the Dogs I was referring to the avatars for Calvados and PcNotPC.

[pauldunstan]

Surely anyone who buys a pda in order to count the number of colours is rather sad?

I suspect that the only reason we know of this error is that Palm have admitted to it. If they are punished for admitting a mistake we can hardly expect them to do so in the future. But, the next mistake may be a more serious one that may lead to data being lost or scrambled with more serious conequences.

If you can honestly say that these missing colours have led you to be unable to use your Palm for the purpose for which it is intended, then go ahead and have your class action.
I suspect you will have little support from the majority of Palm customers whose revenue ought to be spent on developing the platform. Not lining the pockets of the lawyers.

I bought my Palm M130 to replace a lost M505. however many colours it has, the screen is a huge improvement and at a lower price. I consider myself to have won from the deal.

I've never felt the need to speak up against a class action before, but this is greed gone mad.

[Pointman]

:cool

Yes These Folks and Their Class Action Preditor Lawyers

Are Beyond The Beyonds!!!!!


How They Judge Is How They Shall Be Judged!!!!


Pointman:

[PCnotPC]

Now that Palm has officially made their offer to:

1) Refund the entire purchase price (including sales tax) of their m130s for those persons who just can't live with themselves knowing that they are a few colors short of a rainbow, or who feel that they were mortally wounded by Palm's gross misrepresentation of its device's color capabilities, or

2) Pony up a copy of Sim City (BFD) for those who don't want to get rid of their m130 but feel like they deserve something, just because everyone else is getting something,

Do those of you who are lawsuit-happy over this whole deal feel that this is a satisfactory resolution, or are you going to push to continue with the class-action suit and keep a bunch of lawyers in tall cotton?

[DrMud]

Glad to meet you Cosmo! Any friend of PCnotPC is a friend of mine.
Doc
PS: I lost my little Dauschound/Beagle in January after 21 years and 10 months!

[removed]

my god...thats almost 148 dog years!

[PCnotPC]

On the loss of your faithful friend, my sincere condolences.:(

But how fortunate you were to have had your friend for such a long time!:)

And to palm_god, that's really almost 154 dog years!:rolleyes:

[DrMud]

There were thoughts of a Guinness Record!;)

She was a very bright and understanding dog. For the last 9 years she came to work with me every day. If I tried to leave her at home, she made it very clear how short sighted that would be.
Doc

PS: Very fortunate indeed. I seem to encourage longevity. I had one car for 40 years. The car I'm driving now is a '92 with only 297,800 miles (all original with the exception of the AC compressor). One wife for 39 years (All original). One watch for 55 years (cleaned once). But I do get a new toothbrush every 3 months!