the legal remedy goes something like " it is an offense to sell a device then retroactively reduce function or demand further payment beyond the original purchase price "
now we need the legal team and the class action, good thing for me im not a lawyer.
Theoretically, people who purchased complain to their state attorney general or report the manufacturers to the FTC. There might be some recompense under consumer fraud laws. If enough people had bought them, there might be enough people to form a class action (doubtful though).
The problem is that amount of $ involved here is just not something anyone is likely to get up in arms about. It's $5. Most people will just write it off and never think about it again. No lawyer would bother either unless there were 10,000s of consumers willing to come forward and complain.
Just one of those shitty situations. Caveat emptor.
A class action which may cost the manufacturer 10s of millions of dollars. Yeah, you only get a small check. Yeah, the lawyers get a lot. But what other remedy does the average consumer have against this type of subtle but abusive behavior.
I'm not a lawyer so I can't answer the question, but it will defintely complicate going to court, and I'm confident that the company has more lawyers and more money for lawyers than the average user. A class action suit may follow, but only if enough people and lawyers are willing, and it'll likely end up with a pittance in damages paid in a settlement, eventually.
Class action is often prohibited through terms that force you to act solely and also they require arbitration. This sort of thing should be banned and made retroactive.
This looks like a perfect class action case. There's really no physical harm or financial harm to the users, but a class action might be the only way for it to hurt. But IANAL, and probably have it all wrong in my head???
I would bet that neither small claims or class action is possible in the US because ASUS has a forced binding arbitration clause in their End User Agreement that almost no one read when they activated their phones.
now we need the legal team and the class action, good thing for me im not a lawyer.
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