Creative to get Class Action Law Su

I own a Creative Jukebox Zen Xtra 60Gb junk box! Since day one it has not worked with their software. Forget trying to flash the firmware....you'd have better luck finding Jimmy Hoffa! The unit sat unused for almost a year until I had someone else look it over and they said it was no good. Creative told me it was out of warranty. It was by week and that's only because of the sales date. I hadn't opened the unit it until it was almost two months old and even then it didn't work. I guess these pieces of junk are just time bombs waiting until the warranty is up to really go south! Creative's customer service people are from outer space. They sound like broken records and couldn't care less about you once they have your money. I will start to write every PC magazine that I know of and the retailers like NewEgg that I bought it from to let them know that if they continue to sell these junkers they will lose our business!!! But now time to start a class action law suit against them so maybe they will have to take the consumer a little more seriously and not make MP3 players that every other one is hosed! Watch out Creative.....daddy's coming!

I have had my problems with my Zen Xtra and still believe that Creative have shot themselves in the foot for not fixing the firmware issues, but to blame them for a faulty unit when you did not have it checked out as soon as the problem occurred is unfair. When you found the problem two months after purchase you should have asked for and insisted upon support then, not 3 months after purchase.
Creative sells thousands of these a year I am sure so a small percentage are bound to have faults.

Similar Messages

  • Class action law suit people.

    There are enough people saying the same thing about insurance issues that something needs to be done. Obviously we dont all shop at the same place so i would say its in their training to sell the insurance no matter what you have to say. A big ole fat law suit will curb this problem. 

    Except every single one of these people has signed a contract that has specific Terms and Conditions and every single one of these people has signed that they received a copy of these Terms and Conditions.  When you sign a contract, you are legally bound to the Terms of that contract whether you are aware of the exact terms or not so it is always advantageous to READ any contract you sign.
    Best Buy cannot tell what was actually said in any of these conversations where the people on this forum said that the employee told them that one specific thing was covered (which magically turns out to be the exact thing that is broken in many cases).  So in order to alleviate this, Best Buy provides EVERY customer who purchases a Black Tie Protection Plan a copy of the Terms and Conditions of said plan.  Best Buy then requires these customer to electronically sign stating that they received these Terms and agree to these Terms (Courts have upheld these electronic signatures as legally binding signatures just as if you signed in pen on paper).  Then in order to make sure that the customers have ample time to know exactly what the plan entails just in case, Best Buy gives each of these customers 30 days to read this small pamphlet of Terms and Conditions which would take approximately 20-30 minutes to peruse depending on the speed of the reader.  If, during this 30 day period, the client feels that the Terms does not meet their expectations or what they believe they were told, they may return the Black Tie Protection Plan for a FULL refund.  
    This allows EVERY customer the ability to know EXACTLY what is and is not covered in the Black Tie Protection Plans.  The only kink in this is........will the customer read the contract they signed?  Whether they do or don't, they are still bound by the contract they signed.  This is why your idea of class action won't work, because each and every person you speak of has signed a contract and didn't read what they signed.  
    Best Buy IS upholding their end of the contract between the two parties and that is what the courts will see.
    But as we all know, people don't read and don't adhere to Terms and Conditions, similar to how you posted your thread on this forum where speaking about court action and/or lawsuits are against the Terms and Conditions that you agreed to.  (of course that implicates me to.....dangit, I've been entrapped, lol)
    I DO NOT work for Best Buy. I used to be a Geek Squad Agent for 2 years and this is why I am well versed on their policies and procedures, but I do not work for them anymore. My posts are my own opinions and do not represent any opinions of Best Buy. If you do not like my posts, and want to report me, you can do so by clicking this link and reporting me to the moderators.
    ---Nearly all virus infections are a result of a problem between chair and keyboard---

  • User attempting to user Apple forums to start class action law suit against Apple.

    https://discussions.apple.com/thread/4366341?tstart=0
    Jingling is adamantly attempting to start a class action lawsuit against Apple of these forums. Other users have told him he is violating TOU but he doesn't seemed to care.
    I have reported this to the mods so far without any action.
    Allan

    Thanks for the notification on that thread!
    You guys have a great Friday,
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  • IPod Settlement: Class Action Law Suit Question

    I am involved in the class action settlement for customers who had trouble with the IPod battery (first and second generation IPods had battery failure problems).
    Does anyone know if and when we receive compensation for justified claims?

    Apparently, it's been delayed by an appeal against the judgement.
    See this.
    http://www.appleipodsettlement.com/

  • Has anyone looked into starting a class action laws

    Just like the title says . Has anyone checked into this to see if there is one starting up. i was at the store yesterday and all of creatives cards on the self had vista compat. stickers on them NOW WE ALL KNOW THIS ISNT TRUE. AND SO DOES CREATIVE

    This is obviously not an appropriate forum for this topic.
    Dale

  • Class Action Battery/Chargeing port defect

    I have had the incredible 2 for a yr. And had to replace my phone 3 different times, with this last refurbished phone, that I have had for several months, the battery is not holding a charg, so I ordered a new battery, in which I'm still having the same issue so I go and see about a replacent phone again , and come to find out I was a week late before my warranty was up, so my wife was talked into getting a differnt warrenty in which didn't help me, I'm stuck on paying for a phone that I can't use, why should I have to pay out more money to get my phone fixed this is bad buisness after seeing all these battery issues with the incredible should of been a recall and people should of got a differnt phone free of eqal or greater value.... But I forgot Verizon is about the money and not willing to work or fix there issues...besides sending refurbished phones..I have tried everything suggested and still no reslove must be the port...I'm gonna go speak with a lawyer about a class action law suit since I'm stuck for another yr paying on a phone that I can't use...

    Read the VZW customer agreement and its section about class actions.
    Also why would you file against VZW? They didn't make the device. The manufacturer did.

  • Creative could fork over class-action settlement over exaggerated MP3 capacities, ne

    https://www.creativehddmp3settlement.com/welcome.asp?
    Couldn't fit those last two Oingo Boingo albums on your Zen when you thought you had enough space? Get ready for payback, because if you own a Creative Labs MP3 player made between May 5, 200 and April 30, 2008, you could be entitled to a class-action settlement over this very issue. The proposed settlement -- not the first of its kind -- will force Creative to "make certain disclosures regarding the storage capacity of its hard disc dri've MP3 players" and give a 50% discount on a new GB player or 20% off any item purchased at Creative's online store, if it's approved by the court. For its part, Creative denies any wrongdoing, but it looks like it's offering up the settlement to smooth thing over with consumers -- but you know it's going to fight the $900,000 requested by plaintiffs' attorneys in fees. Applications are due by August 7, 2008, so start digging up those serial numbers.
    Read
    Source: http://www.engadget.com/

    Saw that this morning.
    IMHO the only one who wins are the lawyers.
    I don't qualify for the 50% off a GB mp3 player (that isn't much capacity any more) and it isn't worth my time to save 20% off a Creative item purchased via their online store (that would just about bring the prices down to the Amazon level.)
    This really is only the difference between how one calculates hard disk drive space (024 vs 000.) Anyone who's used a computer (or monitor) for any length of time at all is familiar with the argument. Their marketing should've caught this....

  • I play WoW, you enable in-game harrassement by selling-allowing illegeal wow gold selling sites to exist. you are being put on notice that you and they will be involved in a class action harrassement law suit.

    you will be involved in a class action harassment lawsuit along with WoW gold sellers and their web sites. you provide them a spot to in-game harass people playing WoW
    == This happened ==
    Every time Firefox opened
    == you provided the service to illegeal gold sellers

    Hi Carl,
    I don't know what WoW is, but it sounds like a website has been giving you unwanted pop-ups. Firefox is like the car you drive to navigate the web, so a pop-up is like you parking at a store and someone comes out between you and the store to sell you something.
    What I'm saying is, those ads are not provided by Firefox. There is a tool in Firefox to block pop-ups though. See [[Pop-up blocker]]

  • CLASS action - a very suitable top

    I'm all for this topic - see below ...
    Lots of us are very fed up with the x-fi. I am. It cost me a lot of dosh, and hours and frustrating hours, days, weeks, months of my precious time to discover it wouldn't work.
    QUOTE: "Anyone interested in a Class Action Suite against Creative for the issues with the X-FI and the clicking / popping issue that hasn't been resolved that they blame on motherboard manufactures, please drop me an e-mail. I'm going to start working on getting this noticed. They've ignored my issues with an AMD chipset and I'm tired of them blaming other companies.
    I've sent several e-mails indicating that my issue with the Asus A8R32-MVP Deluxe existed (ATI, non-nVIDIA)but they've not responded other than re-installing drivers. I've also contacted a lawyer about a class action suit.
    I can have days of good activity but as soon as I remove or install something such as the latest ATI drivers (tonight) the constant clicking starts again. So that's PCI bus?
    They've not listened and it's time to take action against this company.
    Please e-mail me at [email protected]
    This will probably be removed so save the e-mail and spread it to those that have the issue. I'll have a site up as well soon.
    Thanks...
    Message Edited by Frantix on 03-7-200703:53 AM
    This is not a suitable topic for the forum.
    Jason
    Forum Moderator
    Creative Labs

    @mdram4x4
    I am totally disagreeing with you. When you're purchasing a car, dealership is clearly asking telling you that car is sold AS-IS and you even being asked to sign a letter of release form that states that car is being purchased with whatever option currently existing on the car and unless specifically specified no additional accessories or parts are coming with it. BUT and notice it is a capital letter but...it also say NO PROMISES, VERBAL, WRITTEN, OR OTHEWISE BEING MADE TO OFFER IN CONJUNCTION WITH THIS SALE.
    And that it what you are signing.
    In Verizon case, verbal promises of Froyo availability were made by Verizon sales, tech, and sups left and right. It is time to make those companies to be accounted for their actions.
    About 3 weeks or so I spoke with one law firm in San Francisco in regards to that matter and they were willing to open the class action case against Verizon. I was quite busy in the past and hadn't have a chance to speak with them again. I will try to make up some times next week to come see them again and proceed with a case.

  • Headphone Jack Class Action: Exploratory Informat

    Hi everyone-
    I own a Zen Micro which I got for Christmas- like most here, it seems- and which was one of the limited-edition first run. Like many others who got this first-generation Micro, my headphone jack has come loose and quickly turned my Micro into an expensi've paperweight. I was told I would have to pay $40 to get the problem fixed.
    I then came to these boards and realized that the problem was NOT unique to my player, but seemed to effect almost the entire product line. I saw much rumbling about class action litigation, although no one seemed to be a lawyer. I'm not paying $40 and going without my player to fix a design defect; other companies I've had quality problems with (Gateway, for example) shipped new parts to me at their cost and then gave me a week to ship the old one back in the box they provided so that I never went without my computer and didn't have to spend any money at all, even out-of-pocket.
    I'm not a lawyer either; I should make that clear up front. I'm a law student in my last term, and I'll be a lawyer in six months. What this means is that I know enough to get the ball rolling here, and I also know of a law professor at my school- the Uni'versity of Michigan- who has done extensi've research on class action litigation and litigated several cases on the plaintiff's side himself. If the suit looks viable, I can approach him about signing on as the attorney, and he knows his business. Alternati'vely, we could pass off the suit to Girard Gibbs, the firm that successfully forced Apple into settlement over the iPod battery issue.
    I think we have several legal recourses here, although I'm still doing some preliminary research. If it looks like I can put together a claim that will at least survi've summary judgment- and I'm pretty confident I can under at least two theories of liability- then I might just go ahead and file it pro se and then file for joinder or class certification later.
    I expect Creative's response to this is going to be that they disclaimed all implied warranties in their warranty, including the warranty of merchantability. This obviously won't work in many jurisdictions that forbid manufacturers from contracting out of this warranty. It also has practical problems.
    For those unfamiliar with the term, the implied warranty of merchantability is a general warranty that you offer buyers when you are a dealer of a certain kind of product which states that this product will function at least as well as the average kind of product on the market for its purpose. So here, Creative's implied warranty is that their MP3 players should perform as MP3 players at least as well as others. That is, the Micro should work about the same as the mini iPod; they won't be exactly the same, but the point is that they'll at least both play MP3s.
    The practical problem I mentioned is that by arguing that their warranty disclaims this implied warranty of merchantability, Creative is basically telling consumers that they don't guarantee that their products will work AT ALL.
    What I need to know from YOU is the following, if you would be interested in signing on as a plaintiff.
    ) What kind of player you have that has this problem.
    2) When you purchased it.
    3) How long after you purchased it that the problem started.
    4) Where you li've (right now, please only respond to this is you're in the USA and bought it here)
    5) Where you bought it.
    6) If anyone from Creative indicated that Creative knew about this problem.
    Please do NOT use this thread to talk about other problems with the Micro or other players; I'm only interested right now in headphone jack problems with ANY player.
    I may add more to this as I do more research. I'd also say that if you've been dealing with Creative on this issue and are interested in pursuing litigation either on your own or as part of a class, DOCUMENT EVERYTHING. I'd say go for email help instead of phone when possible, because this will provide written documentation of Creative's policies. If you have the know-how and ability to backup the threads on this board about this problem, please do that as well. Creative may eventually delete these posts, including this one, so if that happens we need to be prepared.
    I'm hoping none of this is necessary, that Creative will issue a recall and offer free repairs and some sort of compensation to its customers as some sort of good-faith gesture on its part. But given Creative's slow response, this may be the thing that finally brings their quality control problems to light.
    Thanks.

    JK23 wrote:
    Headphone jacks also break on ipods.
    http://broken.typepad.com/b/2004/03/apples_<B>ipod</B>_rep.html
    http://www.geek.com/news/geeknews/2003Aug/bpd200308250246.htm
    http://jasonnolan.net/words/archi'ves/2004/0/fixed_my_ipod.html
    The Zen Micro is a very popular MP3 player. Statistics on the percentage of Zen Micros that have had a headphone jack problem are not publicly available. The percentage might be very small. We also don't have any idea about how the users who have had a problem treated their players. My guess is that on average they probably treated their players quite roughly. When you come to this forum you will see that a large percentage of those who are posting are having problems. When you visit a hospital, you will see that a very large percentage of those who have been admitted are quite ill. One shouldn't reach the conclusion that most humans are very ill after visiting a hospital.
    For everyones attention: one of those links does not work, plus not one of the iPods are new ones. One of them is a third generation iPod - the rest seem to be second generation - one is possibly a first generation iPod. Come one, dude - you can find better links than that!
    We are talking the Micro here. You know, the kinda NEW player from Creative.Message Edited by Mattias on 05-23-2005 07:5 PM

  • Class Action S

    Anyone interested in a e against Creative for the issues with the X-FI and the clicking / popping issue that hasn't been resolved that they blame on motherboard manufactures, please drop me an e-mail. I'm going to start working on getting this noticed. They've ignored my issues with an AMD chipset and I'm tired of them blaming other companies.
    I've sent several e-mails indicating that my issue with the Asus A8R32-MVP Deluxe existed (ATI, non-nVIDIA)but they've not responded other than re-installing drivers. I've also contacted a lawyer about a class action suit.
    I can have days of good activity but as soon as I remove or install something such as the latest ATI drivers (tonight) the constant clicking starts again. So that's PCI bus?
    They've not listened and it's time to take action against this company.
    Please e-mail me at [email protected]
    This will probably be removed so save the e-mail and spread it to those that have the issue. I'll have a site up as well soon.
    Thanks...Message Edited by Frantix on 03-7-200703:53 AM

    ANd while you're at it, sue them for absolutelly lame driver and software support...

  • CLASS ACTION SUIT..SIGN UP!...*REPOSTING ON POSTERS BEH

    Lots of us are very fed up with the x-fi. I am. It cost me a lot of dosh, and hours and frustrating hours, days, weeks, months of my precious time to discover it wouldn't work.
    QUOTE: "Anyone interested in a Class Action Suite against Creative for the issues with the X-FI and the clicking / popping issue that hasn't been resolved that they blame on motherboard manufactures, please drop me an e-mail. I'm going to start working on getting this noticed. They've ignored my issues with an AMD chipset and I'm tired of them blaming other companies.
    I've sent several e-mails indicating that my issue with the Asus A8R32-MVP Deluxe existed (ATI, non-nVIDIA)but they've not responded other than re-installing drivers. I've also contacted a lawyer about a class action suit.
    I can have days of good activity but as soon as I remove or install something such as the latest ATI drivers (tonight) the constant clicking starts again. So that's PCI bus?
    They've not listened and it's time to take action against this company.
    Please e-mail me at [email protected]
    This will probably be removed so save the e-mail and spread it to those that have the issue. I'll have a site up as well soon.

    I'm tired of waiting too, but your going to sue? get a life. That goes to everyone complaining over and over for drivers etc. I mean make your complaint then get in line. Does anyone here actually think that complaining over and over will make them move faster? I'm sure they want to resolve this issue more then any one of you. They are a large company and reputation is on the line. their own forums must hurt business. Potential customers come here and read and run like heck. They obviously pay little attention to this forum. Or of course it's best for them to say nothing.
    Anyway, try to sue Creative, It'll make some good reading. But you'd be best getting a life. It's a whole lot less work to pull the card out of your box and install something else... or better yet use the onboard which you most likely already have. I paid allot for my card and loved it in XP, not liking it so much in Vista.
    Quick question, who here bought a brand new Vista PC with a creative sound card which has little to no support? no one? Who here installed Vista on a PC that held a creative sound card? pretty much all of us? Well suck it up kiddies! Unless we are all stupid, we knew the card was not supported. We knew there would be limited functionality... right? Sure we hoped that Creative would roll out something faster then they are, I did too. I'm not going to kick them in the nuts because they have not though.
    Get a life, there are better things to do in life. Get some fresh air for gods sake. There will be a fix sooner or later. Creative is not going to pull the plug on these cards. Were they not great in XP? I've never had an issue, I have an nforce motherboard and I use and Nvidia GPU. I've built my own PC and know how to resolve issues. If that means swapping a MOBO or a GPU, then so be it wilma. Whatever it takes right?
    Good day and good whining.

  • Class action lawsuit regarding Android 2.2

    If there were a class action lawsuit filed against Verizon regarding the lack of support for upgrades of the Android OS, would you join it? Essentially it would be based on promises and claims made by sales reps at the stores during the decision process of buying the phone and by phone reps that the Samsung Fascinate was to receive the Android 2.2 update "any day now".
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    So the question again is... If there were a class action lawsuit filed against Verizon, would you join it? There may never be one, and many attorneys may say it would be a waste of time, but would you join? I know I would.

    @mdram4x4
    I am totally disagreeing with you. When you're purchasing a car, dealership is clearly asking telling you that car is sold AS-IS and you even being asked to sign a letter of release form that states that car is being purchased with whatever option currently existing on the car and unless specifically specified no additional accessories or parts are coming with it. BUT and notice it is a capital letter but...it also say NO PROMISES, VERBAL, WRITTEN, OR OTHEWISE BEING MADE TO OFFER IN CONJUNCTION WITH THIS SALE.
    And that it what you are signing.
    In Verizon case, verbal promises of Froyo availability were made by Verizon sales, tech, and sups left and right. It is time to make those companies to be accounted for their actions.
    About 3 weeks or so I spoke with one law firm in San Francisco in regards to that matter and they were willing to open the class action case against Verizon. I was quite busy in the past and hadn't have a chance to speak with them again. I will try to make up some times next week to come see them again and proceed with a case.

  • Is Verizon going to end up with a Class Action Lawsuit regarding the Trade-In Scam?

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    My iPhone 6 arrived on time.  I transferred my data from the iPhone 4s to the iPhone 6.  Then ensured the 'find my phone' feature was turned off, all passwords unlocked and factory reset completed.  Then I fully charged the phone and turned it off prior to packing into the provided trade-in program materials/envelope.
    I was a little concerned about the trade-in program materials/envelope.  The envelope itself was nothing more than a padded envelope.  It was a pre-printed business reply envelope.  No tracking number other than a bar code with my submission id on it and then stamped with the word PROMO.  I was hesitant to drop it in a mailbox so I took it right into my local post office.  That was on 9/23.
    I started checking the trade-in status a week later but the status was 'Not Received'.  Another week later, same thing.  Finally, I reached out to the trade-in program via email on 10/11.  I received a 'canned' response back on 10/16 that I should wait 4-6 weeks for my gift card.  That time period includes a 2-3 for inspection and processing from the date of receipt at the warehouse.
    On 10/25, I reached out again to the trade in program via email.  On 10/26, I received the very same response... word for word.  I reached out again on 11/7 and they didn't even reply.  I tried calling but got no where by phone.  They claim they'll escalate the issue but I never hear back.
    I really feel scammed out of $200 by using this online trade-in program.  The guideline stipulated that I must use the supplied packing materials and envelope or the promotion amount would not be guaranteed; however, without tracking there is no way to know where the phone is.
    Come on Verizon...  you lured me in, now do the right thing and send me the $200 gift card I was promised.

    I've gone through the same process as you've described with a different twist. They advised me that the screen on
    my phone was cracked. They are sending me $36 instead of the Appraised Value of $200.  I'm not an Attorney
    but I would bet it would be an easy win over Verizon in a Class Action, because this whole process smells
    bad. There must be tens of thousands of people getting ripped off and they're not all liars, which is what Verizon would have a judge believe. Contract or no contract, most states prohibit Agreements that would negate consumer protection
    from fraudulent business practices.
    Verizon may play hardball with it's disenchanted customers and there isn't much you can do as an individual.
    This just happened with me on one phone and I'm waiting for news of a second phone that I sent at the same time.
    In the meantime I will visit the Verizon Store and talk to the salesperson who sold me the two new iPhone 6's
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    good Lawyer with a Class Action Suit and lots of negative publicity in the papers and the internet.

  • How do I submit a claim on the Class Action Apple settled for the iPhone with the water damage indicator red

    I stood in line the first day the original iPhone came out to purchase one.  The next day I purchased my second iPhone for my daughter and before long we had 4 iPhones in the house.  We still to this day have 4 iPhones.  Over the years several of my iPhones stopped working, I had paid extra to have the support contract on them only to find the local Apple store could care less.  They condemed my iPhones as being water damaged even though I was told the phones did not get dunked in water. 
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    I don't think the settlement has been approved by the courts yet. Apple agreed to pay, but I don't believe the terms of how everything will go down has been officiated yet. When it is, the documents written up about it stipulate they've got to place a notice in USA today and Macworld with the web address for claims as well as a toll-free number. You can see the terms that are being negotiated at wired.com

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