Legal Question in Technology Law in Texas

*Note I do not have the funds or account available to pay for this question, I ask it out of curiosity, feel free to overlook this question if you are looking for a paying client*

Hi, for the past months owners of the Palm Pre, Palm Pre +, Palm Pixi, And Palm Pixi + were told by HP (who owns Palm) that the these devices would receive a much needed software update to version 2.x, HP has stated this next to information about the phones on their website for months to attract buyers.

Now today they announced they are not updating the phones, essentially a bait-and-switch or fraud. reading comments of other users of this device bough the phone over other brands because this update was expected and are now stuck with a phone that can't even view PDFs properly (a bug) among MANY other things on a two year contract. This is not the first time these customers have been lied to for example, they were told the devices would support Adobe Flash before the end of 2010 it never happened. The 2.x update that was canceled featured this. Another program that is troublesome for current owners of these devices is the document viewer the original viewer shipped was a 3rd party's that has since dropped support, the new update feature a new document viewer that is supported as well as finally appearing to have an option of purchasing a document editor (the previous company said they would make an editor available but never did and dropped support). Not including what was already mentioned their are other areas were announced deadlines were not met repeatedly (Though some of these are from when palm was still independent)

As of now HP says they will announce "Something Special" for current owners, but haven't said what. in the event that this offer they have made isn't enough to make-up for all the lies to their customer (me included as a customer) can legal action be taken against HP?


Asked on 2/09/11, 10:59 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Sounds like a case might be made. See a consumer lawyer in Texas, who may or may not think it worthy of a class action. If not, you might still sue them in small claims court. A third option is to call the fraud division of the attorney general's office in Austin and report this.

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Answered on 2/13/11, 1:33 pm


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