RIM faces class action suits in U.S., Canada over BlackBerry outage

Summary: BlackBerry maker Research in Motion is facing a class-action suit on its own doorstep over outages last month, and further possible suits around the world.

Research in Motion, the BlackBerry maker, is facing a class-action lawsuit on its doorstep in Canada, and others in the United States and around the world, after an outage which spread globally over four days last month brought the service offline.

A lawsuit was filed on Wednesday in Quebec, brought on behalf of Canadian users of the BlackBerry service, arguing that Research in Motion "failed to compensate" customers with refunds for loss of service, and has yet to "take full responsibility for these damages".

According to a statement from the law firm that filed the suit, the proposed class-action suit against the smartphone maker is: "on behalf of individuals who have BlackBerry smartphones and who pay for a monthly data plan but were unable to access their email, BlackBerry Messenger (BBM) and/or Internet for the period of October 11 to 14, 2011".

Research in Motion did not comment beyond: "RIM will formally respond to the matter in due course", noting that it had yet to receive the complaint.

A similar case has also been filed in the U.S. on behalf of BlackBerry users in California, after an estimated 2.4 million Californians were left without service for two days.

The U.S. lawsuit was filed in Santa Ana, California in federal court, brought on behalf of all BlackBerry owners with a service agreement with the Canadian giant, at the time of the messaging interruptions.

The U.S. suit was brought by a Californian resident, claiming that though there was no existing contract between Research in Motion and himself, the "implied contract" presented itself by the customer paying the company fees through his wireless network provider, Sprint.

The U.S. suit estimates that the Canadian smartphone giant earns at least $3.4 million a day in service revenue, collected from customers through wireless network carriers.

If the suit is approved, it would likely serve as yet another headache for the company, which is still struggling after poor financial outlooks, product launch sales failures in notably the BlackBerry PlayBook tablet, and difficult investor relations.

The outage affected upwards of 50 percent of the 70 million users worldwide, spreading from Europe throughout the Middle East, Africa, South and Latin America, northwards to the United States and Canada. The problems stemmed from a European datacenter near London, which spread across to other regions and datacenters, causing a massive backlog of pending data.

Understood to be the worst outage in the 12 year history of Research in Motion, the aftermath of compensation of free BlackBerry World applications left many angered and frustrated.

The communication from the company was also lamented, after confusing language and acronyms were used on Twitter by the Canadian company, leaving many baffled by the still-then misunderstood outage.

The full Canadian suit can be found here [PDF].

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Topics: BlackBerry, Mobile OS, Mobility, Outage, Security

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13 comments
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  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

    While the outage was frustrating and I feel that RIM dropped the ball on this one these lawsuits are frivolous. The dude with the "implied contract"? Really? When I bought my Blackberry there was not part of a contract - written OR implied - that guaranteed 100% uptime.

    Also RIM did give users $100 USD in premium apps - while IMHO that is poor compensation given the length of the outage it is an indication that RIM was trying to compensate their customers - it's not like RIM can give service credits, that part is up to the carriers.

    As for RIM not taking responsibility - ummm yes they did. And hopefully they will take a good hard look at the root cause of this failure and learn from it so that it does not happen again.

    IMHO these people behind the lawsuits are nothing more than greed opportunists.
    athynz
    • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

      @Pete "athynz" Athens

      Agreed 100%. Service outages suck, but they're no grounds for a lawsuit. Life's short. If your crackberry isn't working, put it to the side and enjoy life for a bit.
      The one and only, Cylon Centurion
      • <a href="http://www.tran33m.net/vb/">2012</a>

        @Cylon Centurion I have never heard and seen so many cry babys in my life. All this because you couldnt send or receive email or txts. When i started my career 30 years ago there were no Blackberrys no BBM no email. Your Blackberry is a phone you fools if you cant email or txt call the person and talk to them.
        jku1
    • I am suing the American lawyer

      For time lost reading his worthless claim. It cost me time and I think that there is an implied contract that if lawyers speak, they must say something worthwhile!
      otaddy
  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

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    HRSYRW
  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

    http://snipurl.com/2dmzl7
    zhangxiaomei
  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

    What was that song title - Cry Me a River?
    Anything technical has the chance of malfunctioning.
    Bloody Lawyers think they own/run the country.
    I think it's past time lawyers were held accountable for the results of their work.
    Get a molester off? Make his lawyer make it right with everyone he hurts. Get a murderer off - let the defence lawyer support he next victim's survivors.
    Get a drunk driver off - next drinking offence let his defence lawyer also do the jail time.

    Why are the courts allowing such frivolous crap as a class action over a phone not working for a day or 2 or 3?
    inkwell
  • Expect to see new contracts from RIM

    I would expect to see new contract language coming from RIM soon, as well as clarifying the relationships bewteen RIM and the wireless carriers when things like this occur. RIM messed up, but they have made some substantial steps towards compensating their affected users through the free apps offer. While it may have been quite frustrating for someone who relies heavily upon Blackberry, another poster noted that there is no obligation for RIM to provide guarenteed 100% uptime either. If one needs that level of service reliability (99.44/100th% of higher), RIM might not be your best choice of services.
    jaybyrd
  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

    I have never heard and seen so many cry babys in my life. All this because you couldnt send or receive email or txts. When i started my career 30 years ago there were no Blackberrys no BBM no email. Your Blackberry is a phone you fools if you cant email or txt call the person and talk to them.
    BBTechie
  • Minor correction

    The outage occurred in 2011 not 2001:

    ???on behalf of individuals who have BlackBerry smartphones and who pay for a monthly data plan but were unable to access their email, BlackBerry Messenger (BBM) and/or Internet for the period of October 11 to 14, 2001???
    kevinaj
    • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

      @kevinaj And here's the problem with these lawsuits: I was affected by the outage as a Blackberry owner during that time period and I was not able to access email, BBM, or internet with my Blackberry. However I was not completely helpless as I could use my laptop for everything but BBM.

      So now that I've established that I am able to be a part of this lawsuit let's say the class action suit sues RIM for say 1 billion dollars... yeah I saw Austin Powers again... so how much of that will actually make it to the affected users? How much of that will be put right into the pockets of the lawyers?

      And what does that do to help RIM to fix the issue?

      All of this over something that is NOT guaranteed to have 100% uptime.
      athynz
  • My Damages

    Can I allocate my portion of the claimed damages to pay someone to kick the complainant and his / her lawyer in the groin? A class action suit to compensate for not being able to BBM your friends in Trinidad? It's cases like these where the judge should be able to assess damages against the complainant and their counsel for wasting time and money on such frivolous cases.
    DBRem
  • RE: RIM faces class action suits in U.S., Canada over BlackBerry outage

    I'm confused, not that it matters because I don't have a blackberry, but from what I got out of the article is that the class-actions suits are because people paid for 2-4 days of service, and there was no service. All I see in the comments are "uptime" and not able to receive email...
    desktopanalyst