Verizon Facing Class Action Lawsuit over Bluetooth

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A California lawsuit claims that Verizon Wireless displayed "willful, deceptive and oppressive conduct" in limiting the capabilities of its Bluetooth-capable Motorola V710 camera phone. Law firm Kirtland & Packard L.L.P. is seeking class-action status for the suit and is pursuing an unspecified amount of cash for damages.

While the V710 supports three Bluetooth profiles, it does not inlcude the OBEX profile, which would allow users to exchange files between the phone and other devices. The suit claims Verizon misled users by advertising that the phone can "connect to your PC or PDA whenever and wherever you want".
V710 users cannot share camera images through Bluetooth, but must instead subscribe to Verizon's Get Pix picture-messaging service. Users must also purchase applications through Verizon's BREW application download service rather than sharing those applications through Bluetooth.

A Verizon spokeswoman claimed the limitation is required by the company's agreements with BREW software developers.

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So it continues, the Superior Court of California in LA issued an order earlier this month that preliminarily approves a settlement in a class-action lawsuit against Verizon Wireless regarding the Motorola V710 handset.

The lawsuit applies to Verizon customers who activated service on a Motorola V710 on or before Jan. 31, 2005. Customers who want to keep their handsets will receive $25 credits on their bills. Those who do not wish to keep their handsets can cancel service without paying early termination fees and return their phones and accessories for refunds. Customers who want to keep Verizon Wireless service but not their V710 handsets can return them for credits toward the purchase of new phones. And customers who no longer have Verizon Wireless service can return the handsets for refunds.

Any credits received by customers will offset any amounts they are entitled to under the settlement. A hearing to grant final approval of the settlement is scheduled for Jan. 17, 2006.