tcfla
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Just a poor clumsy attempt to entice users to spend more money on products that are not updated and just let behind. #NeverAgain #NeverAgain #NeverAgain
Samsung also said this when asked about it, in an interview or whatbe, and it was mostly reported on Android websites like Android Central and others. I've never once seen a commercial (which is where 95% of the average user is going to see it's information on a phone, aside from in-store) touting "This phone will be upgraded to Android 2.2!"
Yes, they said we would get it. Yes, I'm frustrated that we haven't gotten it. Grounds for a class action lawsuit based on false ADVERTISING? Nope.
Ok if a Employee of a Company makes a statement while acting as a Representative of such company on Paper, Audio Recording or Video Recording aka Media about a Product or the features of such product this is classified as advertisement. Being that Presentations at multiple Technical Events, Comments on Twitter, and Reports made to Media outlets from Several Employees including the a Senior VP or was he the President of the Mobile Division have been made and recorded as such this advertisement, and does not require that a majority of the population have seen it.
Hell if I memory serves me correctly this may well be a Violation of the California Consumers Protection Act, which Verizon had a suit filed against with over the disabling of the GPS on cell phones, yet the Item was sold clearly stating the phone did have those capabilities.
In most states (not sure about California), a statement made from an employee does not classify as advertising. Advertising comes in print, TV ads, and so on. If it was labeled IN the store that it was "receiving Froyo" then that'd be different, but it doesn't.
And in fact, it doesn't even necessarily matter what the state says. The FCC has ultimate authority to define advertising, and that's a federal agency.
You're correct about the FTC. My bad there, however, under your theory, false advertising claims would be filed 10x more often than they are now. Just look at 75% of false advertising claims in state and federal courts, they get thrown out. The reason? Because they don't have anything to substantiate their claim.
The bottom line is, there are laws that protect companies as well. A company can not be held liable for something an employee says when it comes to things like that. When Samsung actually starts putting out ads either on it's website, on TV or in print, then I'll consider it false advertising. Otherwise, people can say they should file a class action lawsuit all the time, but I guarantee it'll go nowhere.
Furthermore, when Samsung comes out and says "Sorry, we won't be delivering Froyo" then MAYBE you can begin to talk about false advertising accusations. Until then, Samsung can't be sued for anything.
A few weeks ago, Samsung USA tweeted that Froyo updates for the Galaxy S phones are being delayed due to further testing. Then, just 4 days ago, AndroidSPIN reported that the Vibrant update (if not others) wasn?t rolling out so that the Vibrant wouldn?t steal the Vibrant 4G+?s thunder. And now the saga continues, as a new anonymous source has stepped forth to clarify the issue.
Reportedly an insider who has stepped "? across the NDAs [to] explain the issues behind the Android Froyo update to the Samsung Galaxy S phones in the United States," he/she says:
The rest is here
Are Samsung Galaxy S Froyo Updates Being Held Back Because Of Cost? | Android News, Reviews, Applications, Games, Phones, Devices, Tips, Mods, Videos, Podcasts - Android Police
To explain the political situation, first, a primer on how phone firmware upgrades work for carriers. When a carrier decides to sell a phone, a contract is usually written between the phone manufacturer and the carrier. In this contract, the cost of updates (to the carrier) is usually outlined. Updates are usually broken into several types: critical updates, maintenance updates, and feature updates. Critical updates are those that resolve a critical bug in the phone, such as the phone overheating. Maintenance updates involve routine updates to resolve bugs and other issues reported by the carrier. Finally, feature updates add some new feature in software that wasn?t present before. Critical updates are usually free, maintenance updates have some maintenance fee associated with them, and feature updates are usually costly. In the past, most phone updates would mainly consist of critical and maintenance updates. Carriers almost never want to incur the cost of a feature update because it is of little benefit to them, adds little to the device, and involves a lot of testing on the carrier end. Android has changed the playing field, however ? since the Android Open Source Project is constantly being updated, and that information being made widely available to the public, there is pressure for the phone to be constantly updated with the latest version of Android. With most manufacturers, such as HTC, Motorola, etc. This is fine and considered a maintenance upgrade. Samsung, however, considers it a feature update, and requires carriers to pay a per device update fee for each incremental Android update.
Now, here?s where the politics come in: most U.S. carriers aren?t very happy with Samsung?s decision to charge for Android updates as feature updates, especially since they are essentially charging for the Android Open Source Project?s efforts, and the effort on Samsung?s end is rather minimal. As a result of perhaps, corporate collusion, all U.S. carriers have decided to refuse to pay for the Android 2.2 update, in hopes that the devaluation of the Galaxy S line will cause Samsung to drop their fees and give the update to the carriers. The situation has panned out differently in other parts of the world, but this is the situation in the United States.
Some of you might have noticed Verion?s Fascinate updated, but without 2.2 : This is a result of a maintenance agreement Samsung must honor combined with Verizon?s unwillingness to pay the update fees. In short, Android 2.2 is on hold for Galaxy S phones until the U.S. carriers and Samsung reach a consensus.
Here is my source of my info Are Samsung Galaxy S Froyo Updates Being Held Back Because Of Cost? | Android News, Reviews, Applications, Games, Phones, Devices, Tips, Mods, Videos, Podcasts - Android Police