Beleaguered Palm and Sprint hit with class action lawsuit over catastrophic WebOS data loss

“A new class action lawsuit has been filed against Palm Inc. and Sprint in the U.S. District court over issues with the webOS backup system. The suit alleges that Palm Pre customers have unnecessarily suffered catastrophic data loss including their contacts, calendars and other personal information as a result of failed backups,” Ryan Kairer reports for Palm Infocenter.

“In this specific case a Palm Pre customer, Jason Standiford, exchanged his phone under warranty at a local Sprint store. Mr. Standiford had already gone through three previous warranty exchanges for his Pre due to various hardware issues,” Kairer reports.

MacDailyNews Take: We’ve seen it many times before: Big bad iPhone killer turns out to be yet another POS:
• Analyst: Palm Pre sales slow, returns high; Apple’s iPhone 3GS very successful – July 21, 2009
Analyst puts ‘Sell’ rating on beleaguered Palm; Pre return rate as high as 40% – July 20, 2009
• Palm Pre users complain about lack of virtual keyboard – July 09, 2009
• Ars Technica: Traveling with a Palm Pre is draining; makes you want your iPhone back – July 06, 2009
• Disillusioned Palm Pre sufferers complain as they watch their devices fall apart at the seams – July 01, 2009
• Report: Palm Pre screen crack issue emerges; cracks radiate from center ‘home’ button – June 17, 2009
• Palm Pre’s plastic touchscreen yields festival of scratches (with photo) – June 17, 2009
The Boy Genius’ hands-on review of Palm Pre: ‘Feels like a Fisher Price toy; disappointing keyboard’ – May 29, 2009

Kairer continues, “To summarize, on his fourth exchange a Sprint store clerk “permanently deleted” his only backup available and the Palm profile restoration subsequently failed to recover a majority of Standiford’s data. After many trials, it took three weeks for a Palm technician to partially restore some of his missing records.”

Full article here.

The full lawsuit filing (.pdf) can be read here.

MacDailyNews Take: Book your one-way ticket back to Mexico now, Jon. Your little fantasy is almost over.

28 Comments

  1. Ouch… he had to exchange his Pre that many times, yet he still stuck with it?

    I’m far too comfortable having my iPhone data sync’d to my Mac and backed up by iTunes. I can’t imagine trusting my phone’s only data backup to some remote server I have no control over.

  2. Palm’s webOS is one of three potential survivors in the mobile OS war. Will it ever be as good as OSX? MacOSX has nearly 10 years of development under its belt. OSX, a derivative of MacOSX, has ~5 years. WebOS has ~2.5 years.

    Given enough resources, webOS will probably emerge as the #2 mobile OS behind OSX. I wouldn’t denigrate it, unless you’re prepared to eat crow.

  3. But, the Pre does multitasking. These “iPhone killers” are really putting the smackdown on the iPhone ” width=”19″ height=”19″ alt=”smile” style=”border:0;” />

  4. You can pay now or you can pay later, but you will pay!

    I guess the iPhone killer was looking at a mirror and mistook its image as an iPhone.

    The Palm Pre is the Palm Pre Killer.
    ” width=”19″ height=”19″ alt=”cool cheese” style=”border:0;” />

  5. I think the the real threat of this lawsuit to Palm is not the merits of the case, but the bad P.R. it will generate for what must be by now an existentially-critical holiday sales period for Palm.

  6. @ Gregg Thurman – Palm’s webOS is one of three potential survivors in the mobile OS war. […] Given enough resources, webOS will probably emerge as the #2 mobile OS behind OSX.

    Care to elaborate on your broad statements there? Which three are you thinking will survive, and why? Additionally, what factors will conspire to catapult webOS to the #2 spot? I hear a lot of hype about webOS, but far too little detail about precisely what makes it so great.

  7. <<“Mr. Standiford had already gone through three previous warranty exchanges for his Pre due to various hardware issues,”

    3 times and still with it??? and they call us “fanboys”??????>>

    Yes folks, and some people will go to ANY lengths to prove they don’t need an iPhone. Looks like it’s working out for them…

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