A California lawsuit claims that Verizon Wireless displayed “willful, deceptive and oppressive conduct” in limiting the capabilities of its Bluetooth-capable Motorola Inc. V710 camera phone. Law firm Kirtland & Packard L.L.P. is seeking class-action status for the suit and is pursuing an unspecified amount of cash for damages.
The lawsuit centers on Verizon’s application of Bluetooth technology in the phone. Following Verizon’s directions, Motorola included three types-called profiles-of Bluetooth in its V710 for the carrier. The phone supports the headset, hands-free and dial-up networking profiles of Bluetooth. These technologies can connect the phone to wireless headsets, Bluetooth car kits and laptop computers for use as a modem. However, the phone does not support the file-transfer Bluetooth profile, which allows users to share files between the phone and another Bluetooth-capable device like a phone, laptop or personal digital assistant.
The suit claims Verizon misled users by advertising that the phone can “connect to your PC or PDA whenever and wherever you want”-a statement currently on the carrier’s Web site.
“Verizon Wireless has enjoyed enormous financial gains by marketing and selling the popular Bluetooth V710 phone and then disabling almost all of its Bluetooth capabilities, resulting in a degraded phone, which requires the customers to use other Verizon ‘paid’ services in place of Bluetooth capabilities that were supposed to be part of the phone’s Bluetooth features,” according to the suit.
V710 users cannot share camera images through Bluetooth, but must instead subscribe to Verizon’s Get Pix picture-messaging service. Users must also purchase applications through Verizon’s BREW application download service rather than sharing those applications through Bluetooth.
Spokeswoman Brenda Raney said Verizon did not include the file-transfer profile to ensure that its customers didn’t share BREW applications with one another. Raney said Verizon’s business agreements with its BREW application developers include protections against file sharing. Raney said the Verizon VX6600 wireless PDA includes the file-transfer Bluetooth profile because the phone does not support BREW application download functions.
“We like Bluetooth,” Raney said. “It’s good technology.”
Raney declined to comment on the lawsuit specifically, as did Motorola.
Although Verizon expressed support for Bluetooth, the association promoting the technology spoke out strongly against the carrier.
“The Bluetooth SIG is very disappointed in this (Verizon’s) implementation decision and believes many consumers who purchased this (the V710) phone for the Bluetooth capabilities are frustrated and confused as a result,” said Michael Foley, the group’s executive director. “Users have realistic expectations that Bluetooth-enabled mobile phones will work with their other Bluetooth-enabled devices including cars, headsets, PCs, printers, PDAs etc. While we on the technical side understand that certain profiles must be implemented to enable various usage scenarios, we shouldn’t expect consumers, for example, to realize their phone does not have the OBEX or file-sharing profile. They just know they want to send a picture from their camera phone to their PC and can’t. And they don’t know why. This is very frustrating for users. It is the SIG’s top priority to do everything it can to influence a positive Bluetooth user experience.”
As a result, Foley said that the Bluetooth SIG will be publishing “best of breed” documents for mobile phones, PCs, PDAs, headsets, printers and automobiles. The documents will outline a set of Bluetooth profiles for basic devices and profiles for more advanced, “best of breed” devices. The group said the effort would help match the expectations of consumers with the features implemented by manufacturers.
