Tag Archives: class-action lawsuit

Nokia sued because Windows Phone is failing [updated]

Nokia sued over failed comeback

Adding insult to injury is never a concern for the litigious among us, and one man has filed a class action suit against Nokia in New York because its comeback, thus far, has been anything but. Complaint Robert Chmielinski, represented by Robbins Geller Rudman & Dowd, alleges that Nokia’s shift to the Windows Phone platform has not halted its sliding position in the global smartphone market, as the company promised it would. Nokia reported last month that it lost a staggering $1.7 billion in the first quarter of 2012 after losing nearly $1.3 billion in the fourth quarter last year. According to Chmielinski and the class he claims to represent, Nokia violated federal securities laws by telling investors that the switch to Windows Phone would stop the bleeding.

“The complaint alleges that during the Class Period, defendants told investors that Nokia’s conversion to a Windows platform would halt its deteriorating position in the smartphone market. It did not,” the lawsuit states. “This became apparent on April 11, 2012, when Nokia disclosed that its first quarter performance would be worse than expected. Nokia expected its first quarter 2012 non-IFRS Devices & Services operating margin to fall by 3%, and projected first quarter 2012 Devices & Services net sales of €4.2 billion.”

“It also disclosed a glitch in its newest Windows offering – the Lumia 900. Nokia had to immediately offer customers an automatic $100, making the phone essentially free,” the complaint continued. ”As a result of this disclosure, the price of Nokia’s American Depositary Shares (‘ADRs’) dropped over 16% in a single day.”

Chmielinski and his layers seek unspecified damages for themselves as well as all individuals and institutions that owned publicly traded shares of Nokia stock during the class period. The complaint was filed with the United States District Court for the Southern District of New York on May 3rd.

Following the publication of this article, Nokia issued the following statement: “Nokia has become aware of the filing of a securities class action complaint naming Nokia Corporation as a defendant, filed in the US District Court for the Southern District of New York on May 3, 2012. Nokia is reviewing the allegations contained in the complaint and believes that they are without merit. Nokia will defend itself against the complaint.”

Updated with Nokia’s statement in final paragraph.

iPhone 4 owners can register for $15 antennagate settlements (updated)

The official website for the iPhone 4 "antennagate" class action settlement is live, as pointed out by co-lead counsel on the case Ira Rothken. Of course, speaking of cases, if you're an iPhone 4 owner who has taken advantage of the free bumpers Apple's been offering since 2010 then you're not still eligible for the $15 settlement. Customers who meet the requirements (experienced antenna issues, couldn't return your phone without incurring costs, don't want to put on a bumper or case and either completed troubleshooting or no longer own the phone) can opt for the payout and file their claim at the website linked below. Of course, assuming you're not a stickler for that skin-to-metal and glass feel the case is probably the better deal overall, but as long as this issue is finally dead and buried we can probably all walk away happy.

Update: Turns out it doesn't matter if you scored yourself a free bumper or not, so long as you don't actually use it you can still register for your share of the settlement. So, if you took the consolation prize offered at the time, but have grown to hate it, now's your chance to make $15.

iPhone 4 owners can register for $15 antennagate settlements (updated) originally appeared on Engadget on Thu, 29 Mar 2012 06:55:00 EDT. Please see our terms for use of feeds.

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Apple sued over ‘misleading and deceptive’ Siri ads

Apple is being sued in New York by Frank Fazio, who claims that Apple falsely advertises Siri as a responsive and helpful when in fact the virtual assistant is allegedly anything but, The Wall Street Journal reported on Monday. Represented by Robbins Geller Rudman & Dowd, Fazio’s class-actions suit seeks unspecified damages and and a court order demanding that Apple cease all misleading advertising that depict Siri as responsive, user-friendly feature. “On many of Apple’s television advertisements, individuals are shown using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie,” Fazio’s complaint reads. “In the commercials, all of these tasks are done with ease with the assistance of the iPhone 4S’s Siri feature, a represented functionality contrary to the actual operating results and performance of Siri.” Fazio’s attorneys argue that their client and the class he represents have had nothing but trouble with Siri, which is unresponsive and often doesn’t understand what is being asked of it. Fazio’s full complaint is embedded after the break.