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Mavic Class Action Lawsuit
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ed24
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Hello.

I'd like to raise the point of discussion around a Class Action Lawsuit against DJI over the Mavic launch.

Would others back this proposal?

I feel the lack of meaningul communication whilst holding peoples money for almost 6 weeks is absolutely unacceptable.

I feel that those who have been affected should be compensated or at least formally acknolwedged by DJI in someway other than how they are currently responding.

Thanks
2016-11-1
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hallmark007
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You have no chance, it's pointless dji are not holding your money, if you want your money you need just ask for it, it was you who entered into contract to pay up front , they have broke contract for not delivering on time , you are now entitled to ask and receive your money back in full. End of...
2016-11-1
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Sploodge
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Geez, go away...
2016-11-1
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JBSonic
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Get a life, seriously, you must have something better to do than thinking about class action lawsuits over a product you bought.
You will get your mavic soon enough, besides, flying it right now is too risky anyway, loads of bugs, loads of problems.

The Mavic is a complex drone, unlike the karma, there are A LOT of things to adjust and calibrate on DJIs side to get it to work just right, this could easily take 6 months for the firmware to mature.

So stop whining and do something else with your time
2016-11-1
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Vertical.Creati
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you also chose to do business with a foreign entity.  the UK has no jurisdiction or laws which would govern the transaction that you willingly entered into.

In the REAL world, production timelines slip and projecting availability based on multiple variables is at best squishy.  The fact that DJI is unable to tell you an exact date that your Mavic will be available is completely understandable to any one who has ever manufactured ANYTHING.
2016-11-1
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fansa8e60979
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Apart from agreeing with the responses above it's also worth noting that there is no such thing as a "class action" in the UK (English law).

Now, please go away and get a life while the rest of us wait patiently for a successful company to deliver and over-successful product as best as they can.
Edit: Also, if you are serious you should really review your rights under the current set of consumer legislation. To whit; retailers are allowed to take payment as long as the delivery is made in a "reasonable" amount of time otherwise you are entitled to your money back. "Reasonable" is not defined but is accepted to be around 30 days for normal business. In this case, given it's a pre-order / unreleased product the term can be reasonably thought to be longer. DJI will still give you your money back, 30 days or not. Just ask.

2016-11-1
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GMG
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While there's lots of justified frustration around the way DJI has chosen to handle this situation (or not), the idea of a class action at this stage is extremely counterproductive.
DJI has a strong capability of developing and taking to market world-class technology. Having them now turn their resources from tech development and supply chain issues to hiring lawyers would be a no win situation for everyone (never mind the fact that you're talking about taking on an entity half way round the world.  
Despite this being my first purchase from DJI, I know they've got a reasonable track record and I believe they'll get the orders out.
That said,  I also hope they'll reflect and make changes based on the poor management of this situation and their customers – the result of which has placed their frontline service people in a hopeless, awful position. At the end of the day,  I've found myself thinking of the poor folks who are being given no information, despite the fact they've been hired to serve customers. Ken, Jewel, Ann and countless others.
2016-11-1
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fansfbb3f26f
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Maybe a binkie would help with that pent up anxiety,,,,
2016-11-1
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remi_rl
lvl.2
France
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... so funny ... please think about real problems ... saddening
2016-11-1
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Enkeixpress
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I think the best way forward is to cancel your order of the Mavic and wait until things with shipping have been straightened out over at DJI HQ, because as of right now hardly anybody is receiving their orders, only people who have ordered their drones in early September and early October are only just receiving them after waiting almost a month. At least by cancelling, you'll have your money in your account and can decide when you think DJI deserves your money for their product.
2016-11-1
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JudgeRoyBean
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Some of the responses are down right funny........

I suggest you just sit tight.  There is no other drone on the market right now that comes close to the Mavic.  Good things are worth waiting for so either set back and wait like the rest of us schmucks or ask for your money back.....
2016-11-1
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Enkeixpress
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JudgeRoyBean Posted at 2016-11-1 19:23
Some of the responses are down right funny........

I suggest you just sit tight.  There is no other ...

The Phantom 4? It's just not as small or portable for travel.
2016-11-1
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ed24
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I knew that would get you lot going hahaha - as if I have time to do that.
2016-11-1
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leostark
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extremely unlikely for you to get anything out of it other than the already available refund and it would be an extreme measure to say the least
2016-11-1
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hallmark007
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Enkeixpress Posted at 2016-11-1 11:22
I think the best way forward is to cancel your order of the Mavic and wait until things with shippin ...

sure as hell hope that there's nothing missing in my box once it arrives. I'd feel a little pissed knowing I'd need to make contact with DJI, convince them it arrived with stuff missing and maybe even having to send the drone back to DJI or Amazon or wherever the hell I purchased the drone from. Got orders placed at multiple places now. Seeing which one will dispatch the earliest.

This was recent post by you, yet here you are telling people to cancel there orders, maybe you should practice what you preach.?
2016-11-1
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ov7eGLyOyfVJ
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the biggest way you can vote your displeasure is to cancel your order. if they do not respond, contest the charges with your credit card.
2016-11-1
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R&L Aerial
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Kinki and a blanket
2016-11-1
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RyCo
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What damages have you suffered due to this delay?

I think you'd have an extremely difficult time convincing a judge (or jury) that DJI needs to compensate you because you didn't get your toy on time.
2016-11-1
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Enkeixpress
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hallmark007 Posted at 2016-11-1 20:08
sure as hell hope that there's nothing missing in my box once it arrives. I'd feel a little pissed ...

Yes. I do still recommend people who have been waiting a month for their Mavic to cancel their orders. In fact, they should have done that a little while ago, mainly because in around 1-2 months, all of this shipping madness will have been done and dusted, and orders should be being dispatched as normal. So might as well get that refund, keep YOUR money in YOUR account, and then place the order at a later date.

Why were people waiting in the first place? A month delay is a long time. Can't believe DJI actually got away with doing that to be honest. Robbed blind of £1200, and nothing to show for it. Even right now, those people are still waiting for their drones! Release date was Oct 15th. Madness....
2016-11-1
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msduncanrolltid
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You have to have damages to win a lawsuit.  
2016-11-1
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hallmark007
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Enkeixpress Posted at 2016-11-2 00:23
Yes. I do still recommend people who have been waiting a month for their Mavic to cancel their orde ...

Read the post that was not my point, my point was you asking other people when you don't as you said yourself cancel your own order, there is a word for that hypocrisy....
2016-11-1
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Enkeixpress
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hallmark007 Posted at 2016-11-2 08:45
Read the post that was not my point, my point was you asking other people when you don't as you sa ...

I have cancelled my own order with DJI as I believe that they won't be able to dispatch the item in time for Xmas. That's how bad I personally believe their current situation is. They weren't prepared for such a huge amount of orders to swarm in, in a short period of time. Now they're playing catch-up and slowly dispatching orders whenever and wherever they can. They'll eventually have all of the orders fulfilled. Just going to take some time. Good luck to them.
2016-11-1
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Fulgerite
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Absolutely NOT.  No.
2016-11-1
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hallmark007
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Enkeixpress Posted at 2016-11-2 00:50
I have cancelled my own order with DJI as I believe that they won't be able to dispatch the item in ...

You only said on this forum yesterday that you didn't,so maybe you did it today..
2016-11-1
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Enkeixpress
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hallmark007 Posted at 2016-11-2 08:55
You only said on this forum yesterday that you didn't,so maybe you did it today..

Of course, Cancelling my order with DJI was my main priority as I'm very comfortable with my order being with Amazon UK at this current point in time. I would have stayed with DJI had this shipping mess not been happening in the first place and orders were being dispatched within 3 days of payment as normal.

I sent the refund email to them yesterday, they only responded to me earlier today about them cancelling my order and processing the refund. Slow customer service I can understand given their current circumstances. They're a busy lot right about now I'm sure. Getting those orders shipped out asap....
2016-11-1
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fans12237198
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I fail to understand WHY anyone would "PRE-ORDER" a drone in the first place.
2016-11-1
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Enkeixpress
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fans12237198 Posted at 2016-11-2 09:10
I fail to understand WHY anyone would "PRE-ORDER" a drone in the first place.

To most people, it's a new toy rather than photography equipment. People want a chance to play with it as soon as possible of course.
Same as a billionaire car collector pre-ordering the next Bugatti, he's gotta have it asap. The moment it's available for purchase.

2016-11-1
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70challenger
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hallmark007 Posted at 2016-11-1 08:08
sure as hell hope that there's nothing missing in my box once it arrives. I'd feel a little pissed ...

We should all film ourselves opening the box for the first time for proof. I saw a guy do an un-boxing and he had some serious missing parts and damage!
2016-11-1
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Tharg (from the
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fansa8e60979 Posted at 2016-11-1 10:57
Apart from agreeing with the responses above it's also worth noting that there is no such thing as a ...

Incorrect.
http://www.lexology.com/library/ ... 3-a03a-e6c74182f940
2016-11-2
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Cetaman
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ed24 Posted at 2016-11-1 02:02
I knew that would get you lot going hahaha - as if I have time to do that.

Aloha ed,

     You can enter into arbitration with DJI if you like, but you have already agreed to not file suit against them.  Look at your agreement with DJI for more surprises.

Aloha and Drone On!
2016-11-2
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fansa8e60979
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Tharg (from the Posted at 2016-11-2 09:07
Incorrect.
http://www.lexology.com/library/ ... 3-a03a-e6c74182f940

Right, but that's only if the CAT agrees to call it that. In the US you have to get a judge to agree. One is more open than the other... Recognised consumer groups and others have been able to raise "super complaints" too for some time but it doesn't mean it's an option open to normal consumers.
2016-11-2
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Tharg (from the
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fansa8e60979 Posted at 2016-11-2 16:59
Right, but that's only if the CAT agrees to call it that. In the US you have to get a judge to agr ...

That wasn't your comment.
You stated that there is no such thing as a class action in the UK under English law when in fact there is.
A parasite (sorry I mean lawyer) would be able to bring a class action against a corporte entity such as DJI.
Of course, jurisdiction would be another matter and waivers under the EULA would be branded about like a trophy.
2016-11-2
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Revs
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If you had read the T&C you agreed to when you ordered you know that they covered themselves in regards delays. Either cancel or suck it up.
2016-11-2
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Pwfirst
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With maturity comes patients. AS for me I am still flying the amazing P4, and checking my email for shipping info, No problem man.
2016-11-2
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fansa8e60979
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Tharg (from the Posted at 2016-11-2 22:50
That wasn't your comment.
You stated that there is no such thing as a class action in the UK under ...

You say that a lawyer could bring a class action against DJI on behalf of UK based consumers. That's simply wrong. You, as an aggrevied person represented by a lawyer if you wish, can go through the arbitration and legal process, which if followed may end up being considered by the CAT ("Competition Appeals Tribunal") and then they may decide that there is a larger case to answer in conjunction with others. The term "class action" is used simply as a convenient label to communicate to the masses what the CAT is capable of but the term holds no meaning in UK (English, specifically) law.
Update: here is a good overview http://www.allenovery.com/public ... -Action-Regime.aspx specifically the section entitled "Procedures for claims" but more importantly the ONLY basis under which this would work is if the actions of DJI were shown to distort competion and not simply contractual issues:

Basis of claims

Claims can be brought by any person who has suffered loss or damage, including both consumers and businesses. Claims will be based on:

  • an alleged infringement of competition law (referred to as “stand-alone cases”); or
  • a competition law infringement decision of the Competition and Markets Authority (CMA), the CAT (on appeal from the CMA) or the European Commission (referred to as “follow-on cases”).

The relevant competition law infringements are agreements which prevent, restrict or distort competition within the UK or the EU, or abuse of a dominant position affecting trade within the UK or between EU member states



2016-11-3
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fansa8e60979
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Revs Posted at 2016-11-2 23:00
If you had read the T&C you agreed to when you ordered you know that they covered themselves in rega ...

Not quite. Consumer law, amongst others, trumps T&Cs in all circumstances. Unfortunately the remedy offered by said law is simply a full refund in a timely fashion.
2016-11-3
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Gavriel
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i shared a perfect flight record showing the remote was the cause of a RTH malfunction not only did DJI ignore the alert sounds i described from the remote but they only offered me 30% on another purchase, this is not normal, not only are they abusing cunsumer laws but fly away drones are a risk for public safety!
2018-1-26
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realdeal
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JBSonic Posted at 2016-11-1 02:44
Get a life, seriously, you must have something better to do than thinking about class action lawsuits over a product you bought.
You will get your mavic soon enough, besides, flying it right now is too risky anyway, loads of bugs, loads of problems.

Why should DJI not be sued if they are guilty?

lets say they are hiding issues we did not know about, explain why they should not be accountable?
2018-1-26
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Malakai_UK
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Gavriel Posted at 2018-1-26 04:45
i shared a perfect flight record showing the remote was the cause of a RTH malfunction not only did DJI ignore the alert sounds i described from the remote but they only offered me 30% on another purchase, this is not normal, not only are they abusing cunsumer laws but fly away drones are a risk for public safety!

Nice resurrection of an old thread! Worse than that, your post has nothing to do with the original post!!

2018-1-26
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Montfrooij
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Gavriel Posted at 2018-1-26 04:45
i shared a perfect flight record showing the remote was the cause of a RTH malfunction not only did DJI ignore the alert sounds i described from the remote but they only offered me 30% on another purchase, this is not normal, not only are they abusing cunsumer laws but fly away drones are a risk for public safety!

Why are you using this 1 yr old post about the launch of the Mavic being delayed?
2018-1-26
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