banksbg wrote:I have spent an exasperating 2 weeks trying to get to the bottom of this mess, including numerous calls to both Telstra and Samsung Aust. The line I get is Telstra say they cannot help as they are waiting on Samsung and Samsung do not have a date for the release of updates after 4.01. I lodged a complaint with the Telco Ombudsman (TIO) but they could not help other than to try and release me from the contract and suggested I contact the ACCC and NSW Office of Fair Trading. At this point I have :-
a) lodged a complaint with the ACCC on the basis of the “Pure Google | Users enjoy quick access to the latest updated” statements on the Samsung website
b) sent a letter of demand (ACCC suggestion) to Samsung Aust MD requesting Samsung quickly and frequently issue updates. I will be sending a similar letter to Telstra shortly.
Action will only be taken if customers formally (in writing) complain loudly and frequently so the more complaints lodged with ACCC / Telstra / Samsung the better – so if you are also sufficiently aggrieved plz lodge complaints as above asap
Lets look at the points you raised in more detail:
1 - Telstra (to the best of my knowledge) has not made statements in relation to the Update cycle of the Nexus, only that it runs ICS (which is not a lie).
2 - You relied on 3rd party information (ie: Samsung Website) in making a purchasing decision. Telstra is not responsible for, nor in control of, the content on a Samsung Advertisment. Therefore, you have no claim against Telstra for making False and Misleading Statements, unless Telstra directly have made those statements.
3 - The TIO do not have the power to direct a service provider to make a Commercial Decision, which includes the release of software updates.
4 - When I read the statement Pure Google | Users enjoy quick access to the latest updates I read that users are recieving an unmodified (from a UI perspective) device (ie: No Customisations other then Baseband, UI is pure ICS/Google), and that updates will be released quickly (with no time limit). Therefore, it is not up to you to decide how quick is quickly, unless you asked this question prior to purchase and to the company you purchased from.
Lets be real here. Telstra (from what I can see) hasn't Misled customers (in their advertising at least). You have been offerred a release from contract, and you have refused that offer. Therefore, Telstra (or the TIO) has offered you a remedy if you aren't satisfied with the purchase of the phone.
B.
if you think I've been of some help. It's just under my name on this post
banksbg wrote:Ben_F - Spoken like a Telstra employee!.
Where is the customer service focus from Telstra (and Sumsung for that matter)?
Agree the GNex is a Samsung product but Telstra (along with the other Aust Telco’s) is selling it. The GNex is being sold internationally and has been receiving regular OTA (Over The Air) updates. The ugly truth is no one (Telstra orSamsung) has even attempted to explain why Aust GNex users are being treated differently nor what expectations we should hold for updates being released in the future!
From a Telstra perspective:
- we are their customers and I imagine they would be interested to ensure their customers are happy and content.
- Samsung is a major supplier to Telstra and obviously Telstra has a far greater influence over Samsung than any GNex user, yet Telstra has not as yet demonstrated any interest advocating their customer concerns to Samsung.
- Telstra is today still selling the GNEX in full knowledge of the situation and so surely now must take some accountability.
As I said in my first post, only customers complaining will get action here and the more the merrier!!!
I wrote that as an Employee. I'm still around so they removed my tagging, but my position hasn't changed.
Your correct, you are the a customer of Telstra. Keeping customers happy does not mean that the customer gets everything they want. If that was the case, then I wouldn't pay a phone bill, and get unlmited internet. Gwmbox would have uncapped Wireless Plans. And the world would be a rosy place, until the company went broke and noone had anything.
What is your specific issue with the update releases from the phone? Does the phone do everything that Telstra has advertised it will do? Or are you just trying to bump up your nerd-cred by asking that all the latest updates be released for a device?
Telstra won't "Demonstrate" any advocacy, because the conversations that Telstra have are between Telstra and their Suppliers. You (as the customer) have no business being privy to commerical conversations between a company and a supplier. Just because there is nothing said, doesn't mean nothing is happening.
Telstra is selling the Galaxy Nexus, which is a phone that I really enjoyed using and which worked (for the most part) for me. There were somethings which it didn't do, which is why I returned the device and received a full refund. You have been offerred the same thing, but somehow seem to think you are entitled to more then the remedies provided under the law.
Happy to answer some questions for you 
1 - I'm not an employee of Telstra, by my own choosing. I resigned to take up a position in Information Technology, after working in Telecommunications for several years. Therefore, any comments about what Dave Thodey does or doesn't think about my post isn't relevant, but if he really wants to contact me to provide some feedback I won't say no (StephenD has my offline contact details).
2 - You want the product to live up to a pre-conceived idea of what it should do, based upon advertising from a company that didn't sell the device to you? My question to you remains. What doesn't the device do that means that you need the update?
I've not taken this tone or line with the SGII as an example, because there is a demonstratable need for an update to be released for this device.
3 - Please indicate where in your agreement with Telstra does it state that you will receive updates the day they are released in other countries?
4 - I'll take back the comment about nerd-cred, and I respect that it may have overstepped the line.
5 - You asked in a previous post where the customer service focus is from Telstra. If you and Telstra don't agree on how something should be done, there is only one way to resolve that. Either you both understand that you disagree, and nothing changes, or you move providers. You were given that as an option by the TIO.
My point remains that your request for "Conformation of an issue", Update Details, Version Numbers, and a timeline that you insist on is similar to me requesting unlimited data usage for $15 a month. If Telstra and I don't agree that I should get Unlimited Internet for $15 a month, then I either have to put up or move providers.
B.
banksbg wrote:Ben-F - whats not to get. The issue is not was is not working today but may be found to be broken in the future. As an owner I want confirm that problem will be fix (eg low volume, security in the Contacts app) will be fixed promply. Google is an engeering company and releases frequencty updates to Chrome, as does Micosoft for Windows. This is the promise (not preconceived ideas) of the GNex, which Telstra sold me. There is no expectation on mybehalf of anything other than getting what I paid for. You can continue to ignore this fact but it remains I have not got the product and service I am paying for an nether Telstra or Samsung are saying the own or even recognise the issue and will provide any information. Regardless that the GNex is a Samsung device I am a Telstra customer and Telstra has a customer service responsibiliy to try and resolve not ignore
Are there views / thought from anyone else?
So there is nothing wrong with the device? The device does what Telstra has sold it to do?
Telstra Sold you the GNexus, but where did Telstra promise to supply updates in line with what you are demanding?
You are entitled to either a Refund, Repair or Replacement if Telstra has promised that the device will do something that it doesn't do. This (to the best of my knowledge) includes updates, and it looks like the TIO/Telstra have offerred you a refund and waiver of contract, therefore providing you with a reasonable remedy.
