Three California consumers filed a class action lawsuit yesterday on behalf of other customers against Palm, Inc. for selling defective Treo 600 and Treo 650 Smartphones. The case was filed in the Superior Court of California for the County of Santa Clara.

In their complaint the plaintiffs allege that both devices suffer from numerous inherent defects that impair its functionality. These alleged problems include:
Extremely poor sound quality manifesting itself in a buzzing sound that is heard by the recipients of telephone calls made from the Treo 600.
Lost calls resulting from the Treo 600 spontaneously resetting itself in the middle of a phone conversation.
Frequent freezing and crashing in the Treo 650 that requires the use of a hard reset during which all stored information is lost.

The Treo retails in some cases for as much as $600. According to the New York Times more than 1.7 million Treos have been sold.

The Treo is advertised as communications lifeline, but now consumers need a real lifeline to be rescued from Palm, said Stan S. Mallison, an attorney for the plaintiffs. The complaint alleges a wide range of problems with these phones which stem from defects inherent in their design and manufacture and as a result, Palm has made false and misleading statements about the capabilities of the Treo phone.

We allege in our complaint that Palm has deliberately created a cycle of defective products whereby owners continue to receive defective phones until either they tire of the process or their warranty runs out, said Hector R. Martinez, another attorney for the plaintiffs. Each of the plaintiffs has attempted to have their phones replaced by Palm, instead of new phones they received what appear to be refurbished phones that had been returned to Palm by other customersthese replacement phones suffered from the same problems that were originally complained about.

We filed this class action lawsuit only after Palm did not respond to numerous complaint letters regarding Treo defects written by the plaintiffs who asked for a remedy so they would not have to go to court, said Ira P. Rothken, an attorney for plaintiffs.

This case has been jointly filed by the Law Office of Mallison and Martinez and the Rothken Law Firm.



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