Google has been taken to task with a breach of contract class action lawsuit alleging that its Nexus One smartphone failed to maintain 3G connectivity and failed to adequately support customers looking for answers.
The lawsuit has been filed by Nathan Nabors of Florida who is seeking damages and class action interest on behalf of residents of his home state. He says that Google failed to warn customers they would not receive faster 3G connectivity, even in areas where T-Mobile USA said such coverage was available.
We had a little dig around the forums and found hundreds of complaints about this issue. One user wrote: “I bought my Nexus One about a month ago. It never registered 3G connectivity, furthermore, the building I work in has a Cincinnati Bell repeater on top of it, so I know I’m in 3G coverage. Even after the OTA update, the phone does not register any 3G coverage.”
Here are some others: “Finally, Cincinnati Bell uses the same bandwidths as T-Mobile so compatibility should not be an issue.”
“Is there a way to determine if my phone is defective?”
It’s been a long process for Nexus one customers who have been shunted back and forth with this problem. In January HTC admitted customers did have Nexus One 3G trouble, although at that time it wouldn’t place the blame on the phone.
A spokesperson for HTC, the manufacturer of the Nexus One sold by Google and deployed on T-Mobile’s GSM network, said at the time that the company was aware of the magnitude of 3G connectivity problems reported by customers after hundreds of complaints were posted on Google’s support Web site.
At the time these centred around 3G connections which had been spotty and variable; and for some, 3G is non-existent.
He added that HTC, Google, and T-Mobile took reports very seriously, and was working closely together to determine what issues may be behind these reports.
And T-Mobile’s customer support also stepped up claiming: “Maybe we can uncover some commonalities among those experiencing issues.”
But as Google was selling the phone directly to end-users many turned to the giant about these complaints. At the time the HTC forums were awash with complaints that Google appeared to be only accepting e-mail customer queries, which it said it would reply in one to two days. All Google would say on the subject was: “We are investigating this issue and hope to have more information for you soon. We understand your concern and appreciate your patience.”
It seems this has been enough to single Google out as the main target of the lawsuit – with HTC and T-Mobile being left out completely. The suit also says Google violated the Communications Act by making false and misleading claims about the Nexus One.