DJI Repair Scam - I have had "enough" I am suing !

SRJ_Mavic_PRO · Jul 1, 2017

Cue the music from "The People Court"......

tcope · Jul 1, 2017

Pardon me but... I'll believe it when I see it. Usually people who are serious about filing a lawsuit just do it. I don't see this as a class action suit and Federal cases are _extremely_ expensive. Even filing in small claims is difficult. Trust me... it takes a _long_ time and some poking and prodding to obtain a favorable result.

MavicCF · Jul 1, 2017

Go get 'em!! Mine was in for 3 months last time

. It's in for repair again and I hope it goes better this time, fortunately I saved the DAT files to help me argue with them

!

tcope · Jul 11, 2017

Skyler King III said:
On Wednesday I will bring a fraud RICO lawsuit in United States District Court which will likely turn into a class action.

Skyler King III said:
When I file, I'll give you case number. United States District Court District of Connecticut. RICO

A few Wed have come and gone... wondering where that case number is.

adiru · Jul 11, 2017

tcope said:
A few Wed have come and gone... wondering where that case number is.

not seeing anything on pacer.gov either

mstevens · Jul 13, 2017

Skyler King III said:
This is a plan to get people to ramose-out their drone

What does "ramose-out" mean?

Cyberpower678 · Jul 13, 2017

So...

Any updates? Or is this Animusic 3 all over again?

Vilco · Jul 13, 2017

Kilrah said:
Good luck - Will be a nice test case for their terms and conditions, since as per these that you have accepted by using your devices you have waived all your rights to sue them.

I don't know the US legal system but here in Italy if you accept terms including ILLEGAL terms then those are simply not valid, even if you accepted them. One of the most common and widespread examples of Illegal terms & conditions is exactly this: accepting to avoid legal action against the seller. That's plain void in Italy, even if I sign it 100 times, since the right to sue whoever damaged me is granted by the Constitution and I can not sign it away however I do it. I don't know for the class action part but, then, our version of class action is a swindle so no big loss there

tcope · Jul 13, 2017

Vilco said:
I don't know the US legal system but here in Italy if you accept terms including ILLEGAL terms then those are simply not valid, even if you accepted them. One of the most common and widespread examples of Illegal terms & conditions is exactly this: accepting to avoid legal action against the seller. That's plain void in Italy, even if I sign it 100 times, since the right to sue whoever damaged me is granted by the Constitution and I can not sign it away however I do it. I don't know for the class action part but, then, our version of class action is a swindle so no big loss there

I've never seen this in the DJI warranty. What you do probably see often are conditions placed on lawsuits. While not in the DJI warranty, a very common one would be that lawsuits need to be brought in a certain location. Another one may be that the case needs to go to arbitration first before court. None of these things actual bar a person from bring a court case. Many courts have ruled that the person only needs to be able bring the case to some court. Other than that, if the person agrees to the terms, it's a contract.

This is a little different as it's a warranty. The customer has already spent the money on the product and _then_ they are told of the conditions. That is not as binding.

DJI has _HUGE_ issues with their warranty. In the US it's clearly in violation of the Magnuson-Moss Act.

What the OP mentioned is highly unlikely. It's also all moot as it appears that the OP was another one of the people simply blowing smoke... threating a lawsuit but never doing it. Posts like this are made all of the time. They get old.

Kilrah · Jul 13, 2017

The "waive your right to sue" is not in the warranty terms, it's in the app's TOS since last fall or so, before the Mavic came out. You had to at one point click "I agree" or you could not use your aircraft.

I also believe such things should be null and void in any place with a semi-decent justice system, hence why I said I'd love to see the result.

Mickeyboo · Jul 13, 2017

Best of luck we just prevailed in a a class action suit against BMW...they routed wiring harness and circuit boxes to lowest part of car beneath spare tire, when sun roof overflows guess where the water flows to....absolutely moronic design on all series 5 BMW's with sunroofs 2004-2010...

reckless · Jul 14, 2017

Slightly off subject..... I'm hoping the legal eagles here on this forum can answer.
If I purchase a product and rip open the plastic wrapping then open the box and and connect everything up only to be confronted by a EULA I don't wish to accept am I entitled to a full refund including freight costs?

Steve Langford · Jul 14, 2017

I think he shook the DJI corporate office to its foundation. They made him a settlement offer he could not refuse and agreed not to sue.

Vilco · Jul 14, 2017

tcope said:
I've never seen this in the DJI warranty. .

I'm not talking about the warranty, I'm talking about Terms, Terms of Service to be more precise. Here they are
DJI GO App Terms of Use

rydfree · Jul 14, 2017

Hmmmm , helping make drones more expensive one lawsuit at a time .

tcope · Jul 14, 2017

rydfree said:
Hmmmm , helping make drones more expensive one lawsuit at a time .

That makes no sense whatsoever... on any level.

First, what you are implying is that some people should forgo their rights so that your drone can be a fraction of a penny cheaper. Or let me give you a situation... I loan you some money at 5% interest. I then start charging you 10% interest. What you propose is that you should just except this so that other people's interest rates are not increased. Sounds perfect fair? The _actual_ reality is that DJI offered a warranty or product for a price and they should stand by that offer. If they can't offer the product for that price and still offer what they promised... that is on them and not the people who simply asked for what they paid for.

If holding a company or person to their agree increases the price of a product... so be it. Don't like it, don't buy DJI. It will then open the door for other companies to move into DJI's spot by offering a good product at a low price and honor their contracts.

With that said, what I think the _real_ problem is not that DJI is denying valid claims to save a buck. It's that they just have terrible manangement when it comes to their warranty.

tcope · Jul 14, 2017

reckless said:
Slightly off subject..... I'm hoping the legal eagles here on this forum can answer.
If I purchase a product and rip open the plastic wrapping then open the box and and connect everything up only to be confronted by a EULA I don't wish to accept am I entitled to a full refund including freight costs?

Setting all of that aside, what is your resellers return policy? I'd start there. I'd probably argue that the product does not work as advertised, which would be true.

tcope · Jul 14, 2017

Vilco said:
I'm not talking about the warranty, I'm talking about Terms, Terms of Service to be more precise. Here they are
DJI GO App Terms of Use

Which is the app (completely different).. not what this thread is discussing.

Vilco · Jul 14, 2017

tcope said:
Which is the app (completely different).. not what this thread is discussing.

We're discussing the fact that DJI imposed us to accept to waive our right to make a class action, which is EXACTLY what I showed you

rydfree · Jul 14, 2017

tcope said:
That makes no sense whatsoever... on any level.

First, what you are implying is that some people should forgo their rights so that your drone can be a fraction of a penny cheaper. Or let me give you a situation... I loan you some money at 5% interest. I then start charging you 10% interest. What you propose is that you should just except this so that other people's interest rates are not increased. Sounds perfect fair? The _actual_ reality is that DJI offered a warranty or product for a price and they should stand by that offer. If they can't offer the product for that price and still offer what they promised... that is on them and not the people who simply asked for what they paid for.

.

Sorry , I'm only responsible for what I type not what you understand .

If you loaned me money at 5% then upped to 10% I would have to go back and look at your terms of service that I agreed to .
You agree to the terms of service "Through the App" which is required to activate the Mavic . The app and the Mavic are not totally independent features .

Luckily I have never had to deal with DJI's customer service in 10 years of using their products but I buy from Chinese companies fully knowing their reputation and business practices . They have always overstated a products capability to make a sale and customer service is a trait that still eludes them . Dji is actually one of the best Chinese companies out there . Go buy a pawn shop Chinese car stereo amplifier that boldly states "1500 watts RMS" on the box yet only uses a 30 amp ATC fuse for protection . Should be a ton of lawsuits there and I don't think you even have to sign a terms of service agreement to use it , lol . In the end the Mavic is a toy from China . A $1000 toy but still a toy . Anyone wishing to pursue a lawsuit over such trivial matters will probably fork out more than would be gained . After having signed a terms of service I'd be surprised if any lawyer would even touch it anyway .