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Can T-mobile be sued for this?

kingsbridge77

Jan 27, 2009, 11:37 PM
I own a Sidekick 2008. When I forget to charge it and leave it uncharged for a few hours, it erases my data: calendar data, to-do list data, address book contacts, etc.

When I called customer service today, an employee and her supervisor told me that this problem may be caused by the fact that the Sidekick is "designed to work best with a data plan". This argument seemed ridiculous to me, and grounds for a lawsuit.

I say this because if this is the case, then T-mobile is basically telling its customers: "You better sign up for a data plan, paying 25 dollars a month extra, or else you will lose your important data every time you leave your phone uncharged for a few hours".

The phone also reboots by itself, and when it does, the same ...
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Nadesico81

Jan 28, 2009, 5:03 AM
Nope you cant sue you cell phone company. Its clearly states in your contract any problems you may have will be settled by arbitration.

However I have never heard of any one going to arbitration. But in your case it sounds like you have an defective handset. T-Mobile should at least try and fix your handset if its with in the 12 month manufacture warranty.

I have never heard of some one losing data because the account did not have data feature attached to it. However its dumb to have an smart phone with out the data plan unless you like paying a ton of extra cash each month for data.

However if your data is 100% gone off the handset, no amount of wishing will bring it back. Its kind of like trying to bring back the dead.

Hope...
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smylax

Jan 28, 2009, 12:53 PM
Actually this is the way the Sidekick is designed. It syncs all your info with the network so that when you move from phone to phone all your info goes with you, even if you've lost your SIM and everything and are starting over. The Sidekick, much like the G1, was designed with a data plan in mind. I NEVER sell a Sidekick without a data plan because of this issue. As for it rebooting randomly, yeah that part is probably defective, but not the loss of data. None of your data on the Sidekick stores on the Sidekick, it is all on the network. Without a data feature, it does not have access to the data network. All Sidekicks have always worked this way. And no, you can't sue T-Mobile over that, not even remotely. You don't even have grounds for a...
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rayen321

Jan 29, 2009, 8:11 PM
The Sidekick requires the data plan for it to work correctly. It stores the data on the server and can be reloaded if the device is lost or destroyed.

The question you should ask is why get a data device is you don't use the data?
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smylax

Jan 30, 2009, 10:09 AM
Yeah, that's exactly what I'm saying. If you're not using the data, get something like a gravity.
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texaswireless

Jan 28, 2009, 1:02 PM
1) Backup your data
2) Allow Danger to try to fix the problem
3) While her statement was ignorant it has nothing to do with the fact that the phone is defective.
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mingkee

Jan 28, 2009, 3:46 PM
then M$ will be sued as well, because WM2003 also has same problem
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Americanstud1987

Jan 28, 2009, 3:57 PM
Another greedy American. I want to sue for stupid ****. I'm sure the courts would appreciate your bullshit among the hard times with the economy. Go find a high cliff.
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smylax

Jan 28, 2009, 4:06 PM
Agreed! 😈
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rayen321

Jan 29, 2009, 8:12 PM
Stupidity, but should have been qualified better.
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Dnbstyle

Jan 28, 2009, 5:24 PM
How bout I sue you because you are causing me undue mental anguish? Better yet, why don't we all sue eachother?! 🙄

Freakin' sue happy americans 👿

(By the way I'm american, and NOT sue happy)
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UrMyFave

Jan 28, 2009, 7:31 PM
Wow, you guys are harsh. The original person was just asking a simple question. Imagine if you bought any phone and your phone kept messing up and than you find out you had to pay extra to keep the information on your phone. Wouldn't you be a little upset about that?
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Dnbstyle

Jan 28, 2009, 9:04 PM
Yeah,but I wouldn't automatically start wanting to sue about it.
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kingsbridge77

Jan 29, 2009, 1:41 AM
Thanks for understanding. They just want to seem funny. I don't see how it can be technically proved that the existence of a to-do list depends on internet access.
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robtheman

Jan 29, 2009, 9:08 AM
That's just the way that the software in the phone works. Sidekicks have always worked that way. They backup all of your information on the network so that you don't have to worry about data loss. The unfortunate downside of that is that the Sidekick will lose data if it can't connect to the data network which is why it needs the data service.

Regardless, T-Mobile trained the employee about the data loss. If the employee failed to mention that, then he failed to mention it. There's not really much you can do about it. It's also possible that you purchased the phone from an indirect dealer in which case T-Mobile has no control over that sales representative anyway.
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smylax

Jan 30, 2009, 10:12 AM
Yeah, although even an indirect dealer SHOULD know about he way the phone works... doesn't mean they do though unfortunately.
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smylax

Jan 30, 2009, 10:14 AM
The question about how the phones works deserved a good answer, and he got it. The problem with his question was whether he could sue or not. That is absolutely ridiculous and SHOULD be harshly criticized.
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robtheman

Jan 28, 2009, 11:51 PM
Someone answered this question here:

https://www.phonescoop.com/carriers/forum.php?fm=m&f ... »

To answer you directly though, no you can't sue over this. The Sidekick is designed to do exactly what you're saying. It needs the data package attached to the account to function correctly. The phone stores all of your information on the network, not on the phone itself. When the phone gets turned off and turned back on, it connects to the network to download all of your data. It's a backup system. This does not work without the data package though because the Sidekick can't communicate with the network without the data package. The Sidekicks are nice phones, but they need the data package to function correctly.

T-Mobile d...
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kingsbridge77

Jan 29, 2009, 1:43 AM
Thanks. Are you aware of any fineprint in the contract warning customers against loss of data if an internet access plan is not purchased? It was certainly not mentioned to me orally during the purchase, in a mall in Poughkeepsie, NY.
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robtheman

Jan 29, 2009, 8:59 AM
That's not something that would be listed in the contract. It's probably in the reading material supplied with the Sidekick, but I've never looked. Either way, it's not something you could sue over. Worst case scenario, the employee that sold you the phone gets coaching.
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Azeron

Feb 1, 2009, 4:10 PM
Can't you just return to that store and take your complaint up with the manager concerning the device and perhaps exchange for something else?
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tuxedo_rage

Jan 31, 2009, 5:40 PM
helps...

I'm tired of hearing people use this as an arguement or controversial issue.

really, having the data feature helps out alot bc lost info,due to the device turning off or any other reason, will always comeback, the tmail acct is a security to that. if someone tries to get ur info off the device and doesn't know the pw...good!

so before you bought your sidekick did you ask about the device security?

did you know the 3 digit privacy lock only functions with the data feature?

did you know the capabilities of the sidekick?

this isn't an ordinary phone it needs its data feature to work.

honestly i hate these sidekicks, Ive had one before and work with them daily.
helping people understand how they work is what i do,...
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racergsx00

Jan 31, 2009, 5:57 PM
I agree with this....I work all day with these phones and i cant stand them....But without them i would have my job...
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