T-Mobile and Samsung face class action lawsuit for lack of Froyo update on Vibrant

T-Mobile and Samsung are about to face a little more heat from consumers for the lack of Android 2.2 for the Vibrant smartphone. That’s right – one frustrated customer decided to take it to court and filed a class action lawsuit against the two companies for T-Mobile’s and Samsung’s failure to deliver a promise. What else can we expect from such a litigious nation?

Other manufacturers and carriers haven’t had much of an issue updating to Android 2.2 Froyo by now. Surprisingly, HTC managed to update its EVO 4G with Sense UI late last summer just a few short months after release – something none of us ever expected. With custom interfaces like TouchWiz and Sense, we always hear that it takes a bit longer to update to newer Android versions.

Galaxy S owners, which includes the T-Mobile Vibrant, have yet to receive the Android 2.2 Froyo update even though T-Mobile and Samsung said they’re working on it.

While I certainly do feel bad for T-Mobile Vibrant owners, and other Galaxy S variant users, this lawsuit is silly and almost laughable. Bring on the hate, Android/Galaxy lovers. But I don’t ever recall T-Mobile or Samsung making any solid promises on paper that Android 2.2 would be coming at a specific point in time. T-Mobile users are undoubtedly feeling jilted since the Nexus S was released – an Android smartphone built by Samsung – rocking the latest and greatest version of Android: 2.3 Gingerbread.

With the release of the Nexus S, many Galaxy S owners assumed that a Gingerbread update was just around the corner. It hasn’t even been a month since the new phone and software came out and here we already have users wanting to sue a carrier and manufacturer.

User MicBeast of the XDA forums is the one initiating the lawsuit and posted the following:

Samsung and T-Mobile have clearly violated the law concerning

Unfair and Deceptive Consumer Business Practices

they have continuously lied to us about the hardware,
and software reliability of this phone,
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!)
over and over,
NOW they plan to release NEW galaxies
updating the old ones they currently have
The GPS is clearly a hardware defect.
There are just too many issues with this phone
and the Customer service reps have been combative
even bullying and threatening customers!

a clear violation of US law

just let me know what your issues are,
and we can join together to fight this “TOO BIG TOO FAIL”

Clearly violated the law? Continuously lied? Combative customer service reps? Wow. Someone give this guy a cookie.

Whether you agree with this lawsuit or not, it’s certainly going to be a headache that neither party will want to deal with, and it may even help speed up the release time for Android Froyo for Vibrant owners.

Another thing to consider is that smartphone nerds like you and me are all over this stuff, but many Android device owners have no idea which software version they’re running. Many T-Mobile Vibrant customers don’t know what Eclair, Froyo or Gingerbread are and are happy as long as their phones make calls, send texts and emails and can get onto Facebook.

[Via: XDA Forums]

  • Kyle

    I disagree with you entirely. I’ve been told since June (or July…it’s been so long, I’m forgetting) (by both Samsung and AT&T) that Froyo is being worked on for my device. That is the whole reason I bought it in the first place. Admittedly, it’s my fault for believing them. However, when corporations the size of AT&T and Samsung tell you something (until recently) you believe them. A class action lawsuit is the only real power an individual has (because it is difficult to get the masses, who don’t understand the technology to boycott). It’s a way of saying “Hey, Samsung, AT&T (or T-Mobile in this case), you’ve done me wrong in my eyes and I don’t appreciate it”. Coming from an individual who spends large sums of money with Samsung (between TVs and Phones), I expect them to at a minimum tell me what is taking so long and why it is so difficult to get this working (since I was lead to believe that it was). From a software developers perspective, I find it difficult to believe that this is something other than a financially driven decision to not release the update. And, of course, I have no proof of this. But, either they’re inept, or they have really awful software engineers working on the problems. Or, they want to squeeze every dime out of the consumer before living up to their promises. Because people continue to make the same mistake I have made and purchase this product, they see no reason to do anything about it. So, I applaud the individual who has taken up arms with the lawsuit. And, I hope he at a minimum wins an explanation as to why we all have not received what we were lead to believe was going to be given to us. By actual paper, or otherwise. Because, if a company, or the individuals representing the company tell someone they are going to do something, they should have to do that something when a customer provides them money based upon that trust.

    But, as you said, that’s just my opinion.

  • Anonymous

    I just called tmobile today and they said there are no issues found with the gps.

    I have gotten so many replacements from T-Mobile and pay warranty for nothing.

    I get lost many times now.
    Because of my gps not working Can you imagine you being in your car and your phone saying, rerouting,
    uturn, rerouting. turn right. and taking me absolutely nowhere…

    If there is anyway i can be a part of this please notify me.

    • Anonymous

      And that ridiculous app Samsung released in the market called GPS Restore keeps on telling me Go Outside with a sky view and i am outside WTF…

    • Cohenjohn16

      If you want a reliable gps deivce purchase a tom tom.As for my vibrant I havent had a hic up since purchasing the phone via an upgrade from my touch3g

  • Joe

    “But I don’t ever recall T-Mobile or Samsung making any solid promises on paper that Android 2.2 would be coming at a specific point in time.”

    Umm, yes they have. I’ve been following Samsung’s Twitter feed since September and I can recall a few of them stating an ETA and then failing to push out Froyo. The judge in this case can easily subpoena Twitter to hand over the tweets that Samsung has posted and use as evidence in court.

  • Eatme

    F#@k your dum ass… Your soo stupid I hooe this person win this law sute just for the gps bull shit…..they need a recall on that. And tje 2.2 stuff is bull too, I want in on this law sute. Then I want in on the groop that wants to kick your ass……!

  • I want to hop in on this lawsuit and drag AT&T in as well for the Captivate. The GPS is complete garbage on every single device. They also promised Froyo to be released in Sept. and then Nov.. Something smells with this whole Samsung, AT&T, and T-Mobile Froyo deal. They smell money as a company and I smell a huge heaping pile of bull sh#t being one of their loyal customers that got f#cked. I went through something similar with my Samsung Mythic. That phone was a piece of garbage.

    • FACT. My first captivate’s GPS didn’t work. The second shutoff randomly multiple times throught the day (When it was fresh out of the box). The third captivate’s GPS works, but only barely.

  • Dan0013

    I believe samsung has said the updates would be available, but either way the gps issue and the fact that they seem to be able to put 2.2 and 2.3 on the new phones shows that they are deliberately holding back. Perhaps the class action will be a deserved wake up call. I think sammy’s desire to sell 50 milllion phones is going to take a huge hit as we run to htc and moto

  • luminos

    this is crap i want in on the lawsuit samsung has repeatedly changed their date on us firwst oh sept, then maybe nov. then maybe by end of the year this just sounds like some bs that they wouold pull i have several samsung products and will not be buying or selling cause i work in retail again

  • SamsungStinks

    I am happy I have been running on a Custom Rom this entire time. I APPLAUD this man completely for wanting to sue Samsung, as they have said that it would be out by the end of last year. I am going to have a really hard time purchasing another Samsung product, as their software record is horrible. The Touchwiz interface that they incorporate in the first place is awful, so why would they spend extra time incorporating an awful system into a great OS? I have been using the LauncherPro homescreen since the day I’ve bought the Captivate, and I have never wanted to go back. Honestly, they need to stick the stock OS on the phone, and have their personal touches as applications that can be uninstalled if unwanted. It would make things easier for both the consumer and Samsung. Another thing, why would they use a custom Bluetooth stack instead of the regular Bluetooth stack? The one they incorporated performs worse than the stock one! I haven’t had a GPS issue, but I know many, many, many other people that do, I guess I could be counted as lucky.

    All in all, Samsung is a great company as far as pioneers go, but that is sadly all that they are good at.

    On a side note, I remember reading that they said that 2.3 Gingerbread is supposed to be coming out on our devices. When is it supposed to come out when we can’t even get Froyo!?

  • Anonymous

    The author is jackass. ‘Nuf said.

  • Bobert


  • Ok well the lawsuit may not be real, but this is Bull Shit. When the Galaxy S phones in Europe have the 2.2 update that PISSES me off, because they won’t give it to us over here. I’m honestly considering rooting my phone. It’s a bad ass phone and I love the camera software, but I’m tired of not being able to watch Flash on this phone. I have an EVO as well but Sprint decided to cap the streaming ability of the EVO so now apps like Sirius must have WiFi going for me to use it. So I’m tired of my EVO and would rather use my Epic full time, but can’t when IT DOES NOT HAVE FROYO. So stop making fun of us Galaxy United States users who are angry that it has been a little over half a year(they did promise Sprint would have the update) and we still haven’t gotten our update. It’s crap plain and simple. If it’s about money then I guess it will be a year or more or worse never till the United States gets Froyo. It’s pretty crappy that they have it out in Europe and everywhere else except here. So they are doing this for money and hurting their customers.

  • Jassin000

    I’m not a lawyer so I can’t say if any of this has legal merit… However, he is 100% correct in that, I personally was told by a sales rep when considering the Galaxy-S the 2.2 update would be “coming next month” this was in November. Had I been told “we don’t know what the update will be released” or “you still won’t have this update by 2011” I would have gotten another phone… Maybe even on another carrier. I feel I was mislead to make a sale, if thats not deceptive practices I don’t know what is. End of story!

  • Apetra

    I took my Samsung Fascinate back to Verizon to return for a Droid X and was assured by the sales rep that Samsung was going to skip Froyo and go straight to Gingerbread. I kept the phone and now I can’t return it because the thirty day window has closed. Samsung is only hurting itself. I can’t speak for others but this is my last Samsung phone even if the next one fires lasers.

  • MrJazze

    I too wanted to chime in on this case. I have read many comments posted here and on XDA forums regarding the disappointment of hundreds of consumers about Samsung and their carriers. I obtained my Galaxy S (Captivate) phone during the Xmas season and admit it is a nice phone, but there are problems that they (Samsung/Carriers) should address to stand behind their products and brand names.

    Now, I truly believe every consumer should stand behind this case. Why? The cell phone market has always used deceptive practices to get our money for a phone or service which didn’t stand-up to the hype, but yet lock us into a two year contract.

    And to the lawyers of this case, just look at some of the recent deceptions used in other cases over the past few years that have crushed our economy. (Build the dependency ::: Control the addiction)

  • The author is a complete retard. Not only was it set in stone that Samsung/TMobile were going to use 2.2 on Vibrant, that’s how they sold the phone. Not to mention Samsung said that the Vibrant was built for running 2.2 e.g. GPS not working with 2.1 and so on…

    All I can say is don’t produce trash articles douchebag.

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