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Cell Phones, Video Games, iPhone

App Developer Sued for Stealing Customers' iPhone Numbers

iPhone Game Developer Sued for Secretly Collecting Customer Phone NumbersStorm8, the developer of popular (but terrible) iPhone games like 'Vampires Live' and 'iMobsters,' has found itself on the wrong end of a potential class-action lawsuit.

A lawsuit has been filed, on behalf of Washington resident Michael Turner, that alleges Storm8 built its games with a "feature" that automatically sends the phone number of each host iPhone to the developer. Turner is suing on the grounds that this practice is in violation of both the federal Computer Fraud and Abuse Act and California state law, and is pushing to turn it into a class-action suit, on behalf of all Storm8 customers.

Storm8 has admitted to collecting the phone numbers, but denies any real responsibility, attributing the "phone home" function to a simple bug in the code. The company maintains that the glitch has been fixed. Turner countered that a "glitch" could not lead to the collection of phone numbers and that specialized code would have to be purposely placed within the games to have that effect. Not being programmers,we can't say for certain whether or not the collecting of phone numbers was intentional, but it doesn't sound like the sort of feature that could be accidentally implemented.

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Video Games

Nintendo Faces Class-Action Lawsuit Over Defective Wii Straps


Nintendo's fended off class-action lawsuits over "defective" Wiimote straps in the past, and if you remember, they also replaced about 3.2 million of the straps (a/k/a "all of them") around the same time too -- way back in December of 2006. Well, the same lawyer's back for round two with a new, nearly identical suit, but this one also alleges that Nintendo knew that the defect existed and was negligent in their failure to report the problem to the Consumer Product Safety Commission. Nintendo's probably not stoked about the news -- but we've got a feeling that the company's record-breaking sales will balm the wounds a little. According to NPD data just released, the company sold 2 million Wiis and 1.56 million DS units in November, an all-time hardware sales record for a month other than December. Yeah, who cares about a few busted up TVs and black eyes in the face of those numbers?

[Via Gamecyte]

Read - Nintendo Slapped with Strap Lawsuit Once Again
Read - Wii and Nintendo DS Set Historic New US Sales Records

Computers

Man Sues Classmates.com, Says It Lied About Friends Looking for Him

Man Sues Classmates.com. Hurray!One of our dreams is finally coming true -- someone is suing the crap out of Classmates.com.

The annoying proto-social-network somehow survived the dot-com bubble without making significant changes to its questionable marketing practices. We've all gotten e-mail from the site, at some point, trying to entice us to pony up some dough by claiming that some high school buddy is trying to contact us.

San Diego resident Anthony Michaels fell for the deceptive practice and shelled out the $15 to upgrade his account in order to find out who was trying to contact him through the site. Of course, after handing over his credit card information, Classmates.com revealed that no one had tracked down Michaels on their site.

However, unlike other suckers over the years, Michaels wasn't willing to simply accept that he was out $15 and get on with his life. He has now filed a class action law suit against Classmates.com in a California court seeking to force the company to refund millions in subscription fees and fine them for deceptive marketing practices.

This will likely take some time to play out, but here's hoping that this single lawsuit can bankrupt the obnoxious spam prone relic of Web 1.0. [From: Wired and Download Squad]

Cell Phones

AT&T Retailer Accused of Pawning Used Nokias as New


Notice that your freshly-purchased N75 smells more like a week-old head of cabbage than a bundle of brand new plastic, glue, and circuitry? That's gross, and no, we don't want to touch it (seriously, get that thing away from us). Turns out you may not be alone, though -- a new class-action suit filed in federal court alleges that CommClub, an independent retailer in California, was selling used Nokias for AT&T's network as brand new devices.

For whatever reason, AT&T and Nokia are also named as defendants in the suit, though we're not sure exactly what role they played in CommClub's potentially nefarious dealings; at any rate, the class is looking to bring home some bacon for "injuries" suffered as a result of the bait-and-switch. You're going to go smell your N75 now, aren't you? [Source: RCR Wireless News]

Computers

Apple Slapped With Class Action Suit Over Misleading iMac Ads

Apple Slapped with Class Action Suit Over Misleading iMac Ads
Apple, no stranger to class action law suits at this point, is under the gun again. This time for misleading claims about the screens on its 20 inch model iMac PCs. Apple claims that its screens can display millions of colors -- 16,777,216 to be exact -- and while that is true of the 24-inch model and the previous generation 20- and 24-inch models, the recent update to the iMac line brought a downgrade for the 20-inch model.

Instead of using the same 8 bit in-plane switching screens as the previous generation, the new 20-inch iMacs went with an older technology called 6-bit twisted nematic film. This older technology limits the screens to 262,144 simultaneous colors, which limits the viewing angle and negatively effects color accuracy, making the screen completely ill-suited for video editing and digital imaging and photography.

The suit has been filed by the California based law firm Kabateck Brown Kellner.

From Consumerist

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Cell Phones

Verizon Wireless In Billion-Dollar Lawsuit

Verizon the Target of Billion Dollar Lawsuit
Verizon is about to become the target of the largest class action suit ever certified in arbitration. The suit covers the over 70 million former Verizon Wireless subscribers and could have a pay out as high as $1 billion. Yes. A billion. Claimants in the suit are allowed to dispute the $175 early termination fee that Verizon has since started prorating.

Termination fees are meant to cover liquidation damages, which result from a breach of contract. The problem is liquidation damages are hard to quantify, leaving the absurdly high early termination fees vulnerable to litigation.

Just think, with that $175, you'll now be able to pay the early termination fee on the AT&T service you're not so happy with.

From BetaNews


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Computers

Target Sued Over Site's Visually-Impaired Accessibility

Target.com
A new ruling requires that Target.com and other sites allow for keyboard navigation and use alternate tags for images in order to make the sites accessible for the visually-impaired. These requirements sound simple enough, but may prove difficult for all of those dynamic, Flash-enabled pages that are popular among e-commerce sites. That means this ruling could cost site providers like Target, Wal-Mart, and Best Buy a lot of development money while web agencies rejoice.

US District Judge Marilyn Hall Patel, of the Court for the Northern District of California, ruled that the case of the "National Federation of the Blind vs Target" is eligible for class-action status, meaning that the suit against Target can go forward in court and make the company liable for the site's accessibility issues. Patel ruled that "the inaccessibility of Target.com impeded full and equal enjoyment of goods and services offered in Target stores."

Target has attempted to have the case thrown numerous times, but but has failed.

From Tech Crunch

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Cell Phones, iPhone

Man Sues Apple Over iPhone Battery


Some people are just desperate for attention and cash. Case in point: Jose Trujillo, a man who is either the worst scam artist ever -- or deaf and illiterate -- has filed a class action suit against Apple claiming:

"Unknown to the Plaintiff, and undisclosed to the public, prior to purchase, the iPhone is a sealed unit with its battery soldered on the inside of the device so that it cannot be changed by the owner... The battery enclosed in the iPhone can only be charged approximately 300 times before it will be in need of replacement, necessitating a new battery annually for owners of the iPhone."

While we can't argue the claim that it was "unknown to the plaintiff," the assertion that Apple never disclosed to the public that the battery was not user-replaceable is simply hogwash. It was one of the many widely publicized deficiencies that critics and supporters latched onto.

Also, the iPhone battery will continue to hold 80% of its capacity after 400 charges, a far cry from the 300 charges before needing to be replaced that the suit claims.

From Tech Crunch

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CNET provides the latest tech news, unbiased reviews, videos, podcasts, software, and downloads, making tech products easy to find, understand and use.

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