RIM Outage Prompts Class Action Lawsuit

Rim Blackberry Outage Lawsuit

First Posted: 10/26/11 01:51 PM ET Updated: 12/26/11 05:12 AM ET


A Montreal law firm is launching a class action lawsuit against Research in Motion Ltd. on behalf of individuals who lost the use of their BlackBerry devices during a service outage earlier this month.


Consumer Law Group Inc. filed a proposal with the Quebec Superior Court to pursue a suit against the company, which saw a major outage across its global network that saw many customers lose access to their data and BlackBerry messenging services between October 11 and 14.


After the multiple-day outage, the company said it would be looking at compensation for affected customers. The company soon offered free apps as a thank you to its customers.


But the suit alleges that the company has not gone far enough to rectify the damage caused. Among the demands are that RIM work with "wireless service providers to refund their customers and to take full responsibility for these damages."


A judge must certify the suit as a legitimate class action before it can proceed.


When asked for comment, a spokesperson for RIM says the company does not typically comment on litigation. The law firm, however, is urging any BlackBerry users who were affected by the outage to contact them.


PlayBook OS delayed


Meanwhile, the company announced Wednesday that the launch of an upgraded operating system for its PlayBook computer tablet will be delayed until February 2012.


The Waterloo, Ont.-based company said the new version of the operating system isn't up to its standards at this point.


"As much as we'd love to have it in your hands today, we've made the difficult decision to wait to launch BlackBerry PlayBook OS 2.0 until we are confident we have fully met the expectations of our developers, enterprise customers and end-users," RIM's senior vice president David Smith said.


RIM had announced earlier this fall the updated operating system would be available in October with features that included the ability for BlackBerry users to automatically access their email, contacts and calendar on the PlayBook — a function it doesn't currently have.


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A Montreal law firm is launching a class action lawsuit against Research in Motion Ltd. on behalf of individuals who lost the use of their BlackBerry devices during a service outage earli...
A Montreal law firm is launching a class action lawsuit against Research in Motion Ltd. on behalf of individuals who lost the use of their BlackBerry devices during a service outage earli...
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HUFFPOST SUPER USER
GoldDustDreams
01:09 AM on 10/27/2011
What is this? America? Yes, it was really frustrating but people have computers to access their email/internet and text messages instead of bbm. To sue over this is unnecessary for a few days of outages.
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06:35 AM on 10/27/2011
I wouldn't be surprised if the main plaintiff was an American living in Quebec.
09:54 PM on 10/26/2011
Are you KIDDING??? And while I'm at it, I'm going to SUE BC Hydro next time I have a power outage at my office....remind me NOT to hire THIS money grabbing law firm!!
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
08:24 PM on 10/26/2011
Put things in perspective it is Canada and it is a lawsuit. Nothing will ever come to fruition.
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luckincan
That rug really tied the room together
08:07 PM on 10/26/2011
More and more like the Americans everyday....sad.
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grizzly bear55
King of the forest
07:28 PM on 10/26/2011
Layoffs in motion.
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HUFFPOST SUPER USER
Louis Bernardi
I live in a treehouse!
06:56 PM on 10/26/2011
I'm sorry, but "on behalf of consumers"? I wanna stick the middle finger to these firms who sue on the basis that the company owes consumers, but I'll never see any money? Pathetic.
07:52 PM on 10/26/2011
I guess the company should sue it's customers for not being sufficiently tolerant of their inabilities to deliver. Great point!
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HUFFPOST SUPER USER
Northern Observer
08:03 PM on 10/26/2011
Or not sue at all, just cancel their service and go elsewhere.
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Dhammi
Veritas Vincit!
06:11 PM on 10/26/2011
Give me strength!
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
08:07 PM on 10/26/2011
I wonder what has happened when one cannot go through the day without using their blackberry.
I hate to say I am old but when I was in Florida for two weeks I could not find a phone booth anywhere to phone my daughter. I suppose that makes me officially old.

On the sad side my son moved from Toronto to work for RIM.
08:10 PM on 10/26/2011
I've been in that position before. Drove to Seattle a few years ago and realized my phone stopped functioning at the border.
Hospitals and hotels still have pay phones. That's about it.
HUFFPOST SUPER USER
mpasmith
Send in ... the clowns.
05:56 PM on 10/26/2011
People have become so ridiculously reliant on their technology that when they can't have access to it, the amount of anger is very similar to people that can't get access to a drug fix.

The same level of irrational anger, the same sense of "you can't do that to me", the same sense of "I've been screwed because I can't get this".

Folks, think of this to yourself. How would you continue your life in the event of a major widespread power outage when you won't be able to use all these devices AT ALL, possibly for a very long time? It's happened in the last 10 years in Toronto, New York (most of Eastern Seaboard in fact), Washington, and London.

Think of what's really important in your life. If your blackberry is near the top of the list, you have some seriously messed up priorities.

A happy blackberry user.
07:00 PM on 10/26/2011
So people should accept mediocrity and not expect the things they pay for to work as advertised?
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
08:09 PM on 10/26/2011
I do agree and it is not only because my son works there. I told my kids that Thanksgiving was going to be blackberry free. It was and we enjoyed dinner without seeing them bring their blackberry's to the table.

Nothing says I hate being here more with your then when they pick up their devices to see something someone has just sent them that is not important.
HUFFPOST SUPER USER
Cael
05:51 PM on 10/26/2011
Poor babies, without email for a couple of days and you need to sue.
07:03 PM on 10/26/2011
Yeah why should the things you pay for work anyway? Reward mediocrity and that's what you'll get. Some people do work where email sort of has to work and when the provider of a service says it will be up 24/7 he should put up or shut up.
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HUFFPOST SUPER USER
Northern Observer
08:05 PM on 10/26/2011
Wow, you really have something against mediocrity. Keep striving for that perfection then. Let me know when you find it.
HUFFPOST SUPER USER
Cael
09:54 PM on 10/26/2011
There is no such thing as 100% up time. Things like this will happen, it is a part of the technically age. People know that, they are just greedy pigs. All people can ask is a company tries its best to keep things going and fixes them as fast as possible when they go down.

Anyone that thinks electronics will always work with 100 percent efficiency needs to a reality check.
HUFFPOST SUPER USER
mpasmith
Send in ... the clowns.
05:44 PM on 10/26/2011
This is likely going to be a waste of time.

The Terms and Conditions of both your cell phone provider and device manufacturer will likely state that services are not guaranteed, that there will be outages from time to time.

RIM will be protected by their terms and conditions, I would be very surprised if any type of judgment came down against them.
08:17 PM on 10/26/2011
And the judge will look at said terms and conditions and rule that 3 days is not reasonably within the scope of the company's disclaimer.
Advantage: complainant.

How would you feel if you were trapped in your car in a culvert out of sight of the road and your phone service was down for three days?
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HUFFPOST SUPER USER
o3mta3o
01:00 AM on 10/27/2011
to answer your last question, i would walk. 3 days with the immediate offer of compensation will not be ruled as unreasonable.
05:34 PM on 10/26/2011
Unfortunate. I hope RIM can come back from this. We don't have many wholly-owned canadian companies, and this is a good one. It's unfortunate that there's people out there that are trying to make sure they go down ... and why? because they couldn't access their 'data' from their phone for a couple of days? It's not like it was inaccessible. I hope this lawsuit is deemed frivolous!
07:12 PM on 10/26/2011
Why would anyone expect that RIM could actually provide services 24/7 reliably? In this day and age it's so unheard of... I really don't get this chilling for poorly managed companies no matter where they are from. A few days of downtime in the IT world is just insanely mediocre. Nothing to be impressed by.
08:21 PM on 10/26/2011
So do I, though this lawsuit is the least of their worries. They better not have any more outages in the near future or there will be an exodus next time.
Hopefully their upcoming products are competitive. I was told by a knowledgeable industry person that BB's latest OS is the fastest in the industry (before the latest Apple OS was released).
They've done very well in the past and I hope they spring back.
05:15 PM on 10/26/2011
Ha!
What a bunch of whiners. It's technology and it isn't always perfect. Do the companies these people work for never make mistakes? What happened with RIM was just an unfortunate glitch in the system. People might as well sue Apple for not releasing the iPhone 5.
07:54 PM on 10/26/2011
If you consider multiple days without service a glitch, I'm hoping you work for RIM, if not ... wow!