If I understand it correctly, you ordered back in October and they cancelled your order in November and refunded your money?
Is a class action a very real possibility?
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If I understand it correctly, you ordered back in October and they cancelled your order in November and refunded your money?
Dadcat
Active Member
I've attached the DJI Go App Terms of Use - all 5459 words that haven't changed in over a year. You have to agree to this in order to be able to unlock authorization zones in GEO and I'm pretty sure it's the same agreement I had to agree with to activate my Mavic, although I didn't take the time to read that one.
Among a whole bunch of other stuff, you agree that you can't sue in a court or participate in a class action suit. It says that in the 3rd paragraph and again in paragraphs 16(1) and 16(6). I've highlighted those sections.
If you want to go after DJI you're limited to binding arbitration, small claims or some regulatory agency and you're on your own. Also it has to be filed in California.
The seat of the pants lawyers here can make of this whatever they want, but it's certainly an impediment.
This agreement is the reason I never got authorized for GEO unlocking last year, and that I have been so careful to avoid being stuck with GEO. But I think that ship has sailed now for me because of the Mavic.
Among a whole bunch of other stuff, you agree that you can't sue in a court or participate in a class action suit. It says that in the 3rd paragraph and again in paragraphs 16(1) and 16(6). I've highlighted those sections.
If you want to go after DJI you're limited to binding arbitration, small claims or some regulatory agency and you're on your own. Also it has to be filed in California.
The seat of the pants lawyers here can make of this whatever they want, but it's certainly an impediment.
This agreement is the reason I never got authorized for GEO unlocking last year, and that I have been so careful to avoid being stuck with GEO. But I think that ship has sailed now for me because of the Mavic.
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Like I mentioned in my OP, it's something to hold against DJI, but not enough in itself to even have me remotely consider filing a lawsuit over.
The first instance was that my order was arbitrarily canceled 4 weeks into the waiting period. The tried to convince me that because it was canceled I would have to wait another 6-8 weeks since the order had to be replaced in the system. I **** on them so hard, that they placed me back in the original spot, and I received the drone 2 weeks later, making the total wait 6 weeks in the end. So in the end it worked out, but still something that pissed me off. The second instance was when I ordered more spare props and the prop cage. I decided to cancel the prop cage so I reach out to them and explicitly ask them to cancel the prop cage and leave the props in place. The next day I get an email. My props were canceled and another prop cage was ordered on top of the still active prop cage order.
So like I said, it's something that can be brought up, but nothing in itself to even closely warrant a lawsuit over.
AnzacJack
Australian Defence Veteran
I'm not asking people to join anything. I'm asking if DJI is likely headed towards one and if you would join it if someone filed for one. This thread is not asking for people to join a lawsuit. I'm not filing one.
I ordered November, and got a cancellation notice, saying that the order was being refunded at my request. Problem is I didn't request anything. I raised hell with them to get that reversed and my order re-instated. I wasn't going to just sit there and let myself get convinced I had to wait another 6-8 weeks for the drone, for something I didn't even authorize in the first place.
Unless there were damages or money lost involved, (wait, there might be due to exchange rates or CC interest charges), CAS can go no where.
Johnmcl7
Well-Known Member
I'm not saying you're starting a law suit or class action, I'm asking what one you think DJI is heading towards and what one people might join - class action lawsuits are for specific issues therefore if you think DJi are heading towards one you must be thinking of a specific legal failure by DJI.
As an example of a class action lawsuit, Sony removed the ability their 'OtherOS' feature from the PS3 meaning consumers who bought the console were longer able to use a feature they had potentially bought the console for. A class action lawsuit was raised against Sony and Sony lost although the only real winner were the lawyers - after six years, those who owned the original 'fat' PS3 console were paid out $9 (that's not a typo, just nine dollars) and those who could prove they had used the OtherOS feature a slightly higher $54.
To give a theoretical example for drones, GoPro's initial Karmas had a serious defect in which they could lose power and fall out the sky - GoPro did the right thing then by halting sales and recalling all the affected units. However if they hadn't done that and continued to sell the drones and refused to repair the drones damaged by an inherent fault then a class action lawsuit brought by owners of those damaged Karmas would be likely.
I haven't seen anything of the Mavic or DJI that would constitute the grounds for forming a class action lawsuit. In cases where the Mavic has crashed or been lost due to a system error rather than pilot error, DJI will replace the drone if the logs agree although these seem to be small in number.
Since you've started a topic that you believe there is potential for a class action lawsuit, then you must have some idea of what the legal basis is for such a lawsuit otherwise this topic and in particular the poll don't really make much sense.
John
Dadcat
Active Member
Actually, the Go App terms may not apply to the hardware. There was a paragraph missing when I posted earlier that said hardware is not part of the "Service". I fixed the attachment.Well then, that settles that for anyone actually thinking of filing.
Count me out of the suit though. I got mine in week from the DJI Official Store so I've got no complaint.
Then why even bring it up? Why mention your issues with DJI and then ask if anyone wants to create a lawsuit against DJI of you are not interested in doing this?
Okay... first, you really have no damages to claim in a lawsuit. Setting that aside, here is what happened. DJI took your money thinking that the Mavic was going to ship right away. Once they knew they had a problem with the shipping date they refunded your money.... by cancelling the order. You fault them for this? Yes, it's a bad situation but actually they did the right thing by not keeping your money. You called to complain and they put you right back in the que and you got your Mavic 2 weeks later. Shame on them for getting your Mavic out in 2 weeks! Yeah, I'd certainly talk about suing DJI over that!
Yes, you should not have been told it would be 4 weeks. However, DJI did have issues getting the Mavic out and I bet customer service did not know the time frame at that time. **** them for erroring on the high end waiting time and then delivering in 2 weeks!
Welcome to "life". I know first hand how frustraiting DJI (I filed a lawsuit against them). In your case you waited 4 weeks and then 2 weeks and you were no different then the thousands of other people who ordered initially. However, DJI delivered as soon as they could and never denied that they screwed up.
That applies to the Go app only. It's not a blanket agreement for all services DJI provides.
Dadcat
Active Member
I caught that later and mentioned that in my last post. The one right before your last 2 posts.
Anyway, I believe you are right. Thanks for pointing that out.
I'm not asking anyone to join in on anything. I'm asking IF DJI is headed towards a lawsuit. Not if anyone wants to join me in one.
As for the Mavic cancellation incident, they didn't even want to own up on it, and tried to convince me that I had to wait from the beginning again, another 6 to 8 weeks. When I ordered, the wait was advertised as 6-8 weeks after payment. So they had no justification to cancel an order without my authorization seeing as I was still within the estimated shipping window. It wasn't until I became really pissy about it, did they end up expediting the new order.
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kneeL
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Results of the vote say it all. Also your defensiveness leads me to believe the issue here isn't with DJI but maybe something else. We have no information and context so expect judgement and speculation until you are more clear
Yes it does say it all, and it answered my question. This wasn't a thread asking for people to join a class action lawsuit, but rather a question regarding whether or not DJI is heading towards one, and who would join it if there was one. I guess my OP could have been worded more clearly. What I have on DJI was a very frustrating experience, but not something I would start a lawsuit over.
kneeL
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Gotcha. And I know many have had horrible experiences with DJI customer service, but honestly every company has its struggles with customer service especially a Chinese company of this size. Personally I am just really careful with all my drones DJI or not and I have very low expectations of them as far as customer service goes.
Astonishing, I have been flying DJI products in the UK for four years and apart from a few firmware glitches they have built and supported superb drones.
As for the Mavic, I ordered on Oct 2 and eventually received it on Dec 28. Frustrating, but then it was to be expected considering the interest the launch generated. Some of us just went out and flew our Phantoms whilst waiting, but for the nubies I can understand the frustration.
There are plenty of morons and moaners on this site, who probably don't fly anything apart from their mouth, take no notice if someone writes a ******** comment. Class action? I'll bet 98% of buyers are more than happy with the Mavic, it's an amazing little machine.
Number of complaints is not all that good of an indicator of the overall customer satisfaction because those who are frustrated with problems are disproportionately more likely to post complaints than are likely those who are elated with their experiences to post compliments.
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