BlackBerry users were left frustrated earlier this month when a server outage at RIM left them without email, BlackBerry Messenger, and internet access on their smartphones. Despite an apology from the company's co-CEO, and compensation in the form of free premium applications and technical support, some users are still not happy, and have taken to filing lawsuits against the Canadian company in an attempt to secure refunds for loss of service.
One U.S. lawsuit, filed on Wednesday in the federal court in Santa Ana, California, accuses RIM of breach of contract, negligence, and unjust enrichment, according to a Reuters report. The lawsuit was filed on behalf of all U.S. BlackBerry customers with an active service agreement at the time of the issues, who would have suffered from a loss of access to a number of BlackBerry services.
Eric Mitchell of Sherman Oaks, California, filed the complaint, in which he says he had an "implied contract" with RIM and "paid for a service he did not receive." Although he did not sign a service contract with the company itself, he did pay the company fees for a BlackBerry device through his agreement with Sprint, the complaint said. Because of the service outage, which lasted more than three days, Mitchell was unable to use email and other communications "in real-time, without delay, reducing and interfering with his productivity and causing him damage and loss of money."
Another lawsuit, filed in the Quebec Superior Court in Canada on the same day, was similarly filed on behalf of all Canadian users who also suffered from the outages. It claims that RIM failed to compensate BlackBerry users with refunds for loss of service, and that the company must "take full responsibility for these damages."
Reuters concludes:
The U.S. complaint estimates that Research in Motion earns at least $3.4 million per day in service revenue, collected from customers through carrier networks including Sprint and Verizon. "Plaintiff and the Class ultimately paid these fees," it said.
The size of the potential class of U.S. consumers would include 2.4 million California residents alone, the lawsuit said.
Many would have expected a lawsuit to be brought against the Canadian company at some point following the outages, and it's unlikely these two will be the last.
Do you think RIM has done enough to compensate its users?
[via The Next Web]
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