techlaw-weblog

CTIA Sues SF Board of Supervisors Over Cell Phone Ordinance

Filed in archive Mobile Phones , Product/Service Complain on July 26, 2010

CTIA Sues SF Board of Supervisors Over Cell Phone Ordinance
© Ed Yourdon
A cellular industry group filed suit on Friday to stop San Francisco's landmark ordinance requiring radiation levels to be publicly listed for every cell phone sold in the city.

The ordinance was overwhelmingly approved in June by the Board of Supervisors. According to the CTIA, it "will confuse and mislead the public" by saying that radiation levels released by federally approved phones is related to health risks. CTIA is the wireless industry's association.

San Francisco is the first city to pass an ordinance of this kind in the country. Effective February 2011, stores selling cell phones must display the amount of radiation emitted by each phone beside each model they sell.

According to San Francisco Mayor Gavin Newsom, the new ordinance simply attempts to provide consumers with more information. He added that it does not attack the wireless industry or their products. And Newsom has indicated that cell phone law is as much a health issue as a consumer concern.

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Apple Announced iPhone 4 Case Program

Filed in archive Apple , iPhone , Product/Service Complain on July 25, 2010

Apple Announced iPhone 4 Case Program
© Yutaka Tsutano
Apple launched its free-bumper program for iPhone 4 owners, in an effort to manage the controversy with the next-generation smart phone's antenna design problems. The program was started on July 23.

Customers complained that touching the iPhone 4's exterior antenna rim resulted in weakened reception, a phenomenon that eWEEK reproduced in limited in-office tests. Apple hosted a press conference on July 16 to announce a free giveaway of rubber bumpers to cover the antenna rim.

People who will buy an iPhone 4 before September 30, 2010 are eligible to get an iPhone 4 Bumper or choose a third-party case from Apple at no charge. For purchases made before July 23, applications must be sent in on or before August 22, 2010; all others must apply within 30 days of purchase.

Users must download a special iPhone 4 Case Program application from the App Store, launch the app on the iPhone 4 and then select the bumper or case of choice.

Apple also offers a full refund for those who purchased an iPhone 4 bumper, with taxes and shipping fees. Those who bought a bumper from an Apple Retail Store with a credit card receive an automatic refund.

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There’s No Privacy At Work

Filed in archive Privacy Issues on July 5, 2010

There’s No Privacy At Work
© kiwanja
Do employees have privacy rights in the work place? Well according to a case eventually settled by the Supreme Court, there is no such thing as right to privacy at work.

Just so you know, this case was decided by a 9-0 vote of the US Supreme Court justices. Unanimous decisions on such high-profile cases rarely do come by these days.

Let's be clearer about what this decision really means. If your pager is being partly paid for by the company you work for, they have every right to request a list of all contacts that you deal with through that pager. You cannot refuse them anything that has to do with that pager at all.

If you use a computer at work, your employer will have every right to know everything you do with it. That includes every website you visit, every letter you type and every email you send.

If you have a cell phone that only you are paying for, never accept a call from the company you work for on that phone. You really need to be able to draw the line between how you and your employer will have to access each other.

And finally, do not post anything from your personal life that might not seem fine to your employer. Not on Facebook, not on Tweeter, never.

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iPhone 4 Plagued With Lawsuits

Filed in archive Apple , iPhone , Product/Service Complain on July 1, 2010

iPhone 4 Plagued With Lawsuits
© Yutaka Tsutano
One week after the iPhone 4 went on sale, three class action suits have been filed against it.

One such lawsuit was filed in California by Kershaw, Cutter and Ratinoff of Sacramento, while another was submitted to the US district court in Texas. The third case was docked in the Maryland US district court with two Maryland residents named as plaintiffs along with "all others similarly situated."

The suits all sue Apple and AT & T for knowingly misrepresenting the iPhone 4's reception problems. Complaints range from general negligence and breach of warranty to deceptive trade practices.

The Maryland complaint alleges that Apple was well aware of the iPhone 4's inherent problems and that Apple refused to help its customers to fix the situation. It is also claimed that Apple tells its staff not to offer warranty services or free Bumper cases to alleviate the difficulties experienced by the iPhone 4's buyers.

It's still not clear how serious the complaints and their consequences might be. While many wireless experts claim that signal loss from the iPhone 4 can be easily demonstrated, others say that it is rather difficult to replicate the problem.

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How To Get Results When You Complain

Filed in archive Fraud , Product/Service Complain on May 25, 2010

How To Get Results When You Complain
© L_K_M
Here are some ideas that will get you results when you complain about the poor service or product you just ordered.

USE YOUR CAMERA. Always take pictures of anything unpleasant you find in the service given to you. Use your phone camera. Then when you talk to the manager or customer service representative, show them the pictures.

REQUEST A PRIVATE CHAT. A private talk with the manager gives an air of importance and mystery. And managers will usually be grateful that you didn't just start screaming for other customers to hear. Usually brings good results about 95% of the time.

BE PASSIVE AGGRESSIVE, PART 1. This is generally one kind of behavior we don't like but it might be appropriate in dealing with customer service representatives. If you're in a hotel or restaurant one thing you can do is to just start recounting the flaws of an experience and their unhappy effects on you and your company. Do not lie or exaggerate. Just state the facts, calmly. When the manager asks you, "Well, what can we do to make this right," just say "I don't know," and then restate the facts and their effects on you and your company.

Let it go round and round until the manager gets tired of hearing it and makes a settlement offer, which will very often exceed your most reasonable request.

TRY TO REVERSE THE CHARGE. Call your credit or charge card company and give compelling evidence that you've been had. The issuer of the card will first suspend the charge and investigate the matter, and then reverse it if your version of events wins the day.

BE PASSIVE AGGRESSIVE, PART 2. When you're on the phone with a customer representative, remember that time is on your side. Phone reps are often evaluated based on the number of calls per hour they can field. And more importantly nearly all reps are prohibited from hanging up on you. So the if you stay longer on the phone and repeat that you are not satisfied, and do not want to end the call, you improve the your chances of getting what you want.

CALL THE C.E.O. Find the name and phone number of headquarters then call that number and ask for 'Mr./Ms. X's office. "Don't say, 'I'd like to speak to Mr./Ms. X' - the operator will think you are a crank. You will usually get through the executive assistant of the chief executive and then you can start explaining the purpose of your call. Remember to ask for suggestions about what you can do. Saty on the line and you'll most likely be passed on to the VP of product management.

WRITE THE C.E.O. Send lots and lots of letters. Try to give reasonable but compelling evidence. Spice up your later by using the word FRAUD a few times. You'll be amazed how quickly you get results.

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