CLASS ACTION LAWSUIT IN ORDER

[mtripoli]

Not very often that I find myself in the position where I'm considering suing someone, but here I am. I've posted messages to this forum, I've sent in requests to support, and received zero, nada, zip for a response. I've talked with a friend that is also an attorney about whats going on and he's agreed that at this point a class action lawsuit is in order. I've been a paying member of Spotify since it came to the USA, virtually to the day and I've seen promise after promise broken, no movement on fixing what's already offered and a big "f-u" for response. It's been worse since signing on with that other slug, Facebook. Not getting my $10 a month will be no big deal to Spotify; putting you guys into the limelight about how the service has gone down hill and getting worse will be worth the effort.  

[personanongrata]

i hope you are thick-skinned, because you're about to get run out of town.

[Peter__]

Hey 🙂

Seeing as you say you have posted messages to the forum, unless you have been using another account is clearly incorrect as your post count shows 2 posts, 1 of which being this thread. 

What seems to be the problem, maybe I can offer some support? 

Also, under Spotify's End User Agreement section 18, which you agreed to when you joined this service, you agreed to waiving the right to a trial by jury and the right to participate in a class or multi-party action.

Peter

[mtripoli]

Pretty darn funny; I post a message regarding a problem; zero replies. I send requests to tech support; zero replies. Post one  message regarding suing someone and two replies right away. 

Regarding the "End User Agreement" - you think for one second that means anything? I've been involved in/with IP for over 20 years and seen more than one "contract" flushed right down the drain. To believe that an entity, any entity, can simply charge for a service, not provide it, and then say, "Oh, by the way, there's nothing you can do about it" is nonsense.

It's plain and very simple; I pay (and have paid) for a service that was clearly outlined and defined, not by me, but by Spotify. They say, and agree to, take my money and provide this service. They simply have not lived up to their end of the agreement. Doesn't take a genius to figure this out. Hiding behind the EUA would be a very stupid thing to do. In the end, I, and many others can (and will) vote with our feet. The internet is a big place with lots of places to share how one is treated. If I had received even a simple acknowledgment like "We're working on it", that would have sufficed. To repeatedly see the same problems posted over and over again, with the same silly answer being "Uninstall, reinstall and cross you fingers" is outright insulting. 

Lastly, hammeh, "valued contributor", I don't need or expect "help" from self-appointed zealots and fan boys. I'd like to see, just once, an official post from Spotify, i.e. an actual employee of Spotify, acknowledging that yes, Android support (at the very least, I won't go into the litany of other problems and promises currently being reported) is a huge problem and we're doing what we can.

[user-removed]

Hey there Mtripoli.

You can always discuss about Spotify, but please keep your words nice.

There is no need to bark Community's super users.

Thanks!

[Peter__]

At the end the day, no one is forcing you to use and pay for the service. There are plenty of alternatives out there, you can cancel your subscription at any time and move to another streaming company. The terms of service are a legal agreement so I can't see how you can get out of that one to be honest. 

If you don't want my help or support then fine, thats your choice. 

Peter

[mtripoli]

Hey there, "hpguru" (at least I use my real name). What exactly are you referring to? Perhaps its a language barrier thing; I didn't "bark" or "keep my words nice". In fact, I was very clear and to the point. And please, enlighten me; what is a "super user"? Does hanging around on a forum all day/night entitle you more than someone with a legitimate complaint for a service one pays for? 

[user-removed]

Hey there!

I suggest to you; read Community guidelines, before posting.

http://community.spotify.com/t5/Spotify-Announcements/Spotify-Community-Guidelines/m-p/27/message-ui...

I escalated this to staff to close this topic.

[mtripoli]

As I said, Peter, I've been involved in IP (Intellectual Property) my entire professional life. I'm not going to get into a drawn out conversation on a public forum about the "how's and why's" of legal constructs. "Contracts" are not, contrary to popular belief, "written in stone". If we were talking about a simple miscommunication that would be one thing. We're talking about hundreds (thousands) of people that are not getting what they paid for.

[mtripoli]

Of course you did. I wouldn't expect anything else other than that. A voice speaks out calling for an explanation from a service provider and instead of addressing the actual issue you shut them up. Can you provide an exact example of anything that is against the "guidelines"?

[Peter__]

I can understand you are angry, there are a few users on Android who are fed up with the bugs. However the staff do reguarly post on the big topics in the android topics when they have something new to report. The team say they are still looking into this, and I am inclined to believe them. Why would they choose to ignore such a big issue? 

You are not asking for help or support here, so what else can the community do for you? 

If you want an official comment or to talk to the Spotify staff directly, I would suggest you direct it towards the online contact form in the correct fashion. 

Peter

[personanongrata]

you are dead on with the self-appointed zealots and fan-boys -- this is something i've not been able to understand -- a strange phenomenon indeed -- people who seem to have countless hours to devote to "helping" fellow users, who apparently derive a lot of satisfaction from promoting a positive image of a horrible product and who inadvertantly alleviate the actual pressure on spotify to help their users or pay attention to their feedback.

you are also correct about the legality of signing away one's right to sue in an EULA -- these clauses usually hold no water when tested in court.

as for the actual spotify moderators in here -- my guess is that they are work-from-home/intern types that have little or no access or communication with actual spotify development staff/management.  they are fed lines to parrot in these forums, like "thanks for your feedback -- keep checking back for updates" and "these things are tricky to fix -- we're looking into it" over and over and over and over again.  how long with this tactic work (it's been going on over a year)?  it's anyone's guess why they are either incapable or unconcerned with their android offerings.

[user-removed]

No no no, beer time... Escalated this to staff.

[Peter__]

Okay firstly, we are not self-appointed zealots and fan boys. We are community members who give up our spare time to help other people enjoy the Spotify service by offering mainly technical support to those people who maybe do not know as much about computers as we do. Yes you are correct, we do like and take pride in helping other community members. 

We do not alleviate the pressure on Spotify, in fact if you look on the Ideas section we are the ones forcing through updates and striving to improve the Spotify service for everyone. There are things that are outside of our control, we don't have any direct communication with the Spotify development team just like you, so we can only take their word on updates. Generally, Spotify do not make promises they can't keep and when things are wrong, they do try their very best to fix any issues as soon as possible. Anyone who does programming will know how long it can take to debug complex problems, never mind find a suitable fix. These things take time. 

I will own up now and admit I know nothing about the legal systems so I can only offer my opinion on how valid the end user agreement is. Many companies have added these terms to prevent lawsuits into their conditions so I would expect them not to bother if it would not stand up in court. 

As for the moderators, you are wrong. The Spotify staff do have an office, as listed on the Contact us page and the community team work very hard to keep the community up and running and keep the community members happy. Maybe you would prefer it if there was no community? 

Peter

[damunk]

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@hpguru wrote:

No no no, beer time... Escalated this to staff.

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The only one escalating in this thread is you, the OP did nothing to offend anyone or break any of those rules you posted. I might not agree with him on starting a class action lawsuit (i mean seriously, just end the subscription), but he has the right to voice his opinion.

[personanongrata]

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@damunk wrote:

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@hpguru wrote:

No no no, beer time... Escalated this to staff.

---

The only one escalating in this thread is you, the OP did nothing to offend anyone or break any of those rules you posted. I might not agree with him on starting a class action lawsuit (i mean seriously, just end the subscription), but he has the right to voice his opinion.

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it's okay -- you understand he feels a lot of power here right?  he's doing a kickass job telling people how to reinstall the app or factory reset their phone while relentlessly claiming that spotify is the best app ever created in the history of the universe -- even spotify has recognized him with a stupid **bleep**ing gift package...

[Peter__]

He is entitled to his opinion, just as you are too. 

As for offering simple instructions, most of the time that is all that is needed! Most small issues are easy to fix once the poster knows where to look for answers. He has a rank on this community, just like you. In my opinion, hpguru has definitely earned it and continues to do so every day when he offers his support to others.

Peter

[user-removed]

Android app works for me well. Also no problems in Windows app.

I'm happy.

NP:

However if you find a better working music app, let me know. I tried already Rara.com, Nokia Music, Deezer, Rdio, Sony Music Unlimited, Grooveshark - everything - without joy. And yes I know everything about Spotify, I use this service since April 2009. 🙂

There is some problems now in Android app, there is no landscape mode or SD card storage, but I know how to get those in less than minute. So excuse me, but no problems... I can find workaround for every missed thing. I'm true Spotify nerd.

Let's party tonight, just open your Spotify, search for Party Shaker and dance!

[personanongrata]

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@Hammeh wrote:

He is entitled to his opinion, just as you are too. 

As for offering simple instructions, most of the time that is all that is needed! Most small issues are easy to fix once the poster knows where to look for answers. He has a rank on this community, just like you. In my opinion, hpguru has definitely earned it and continues to do so every day when he offers his support to others.

Peter

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that sort of "help" could be completely contained in one single sticky post, or a FAQ on spotify's website -- "here's how to reinstall the app" -- "here's are the known workarounds for the known issues" (well the ones that spotify would endorse).  very few issues are due to operator stupidity -- most are due to bugs in the software and other usability issues that could be easily fixed.  so to answer your prior question, i'd rather not see a "community" at all!

[Peter__]

If that is how you feel then no one is forcing you to use it.

Also Spotify already maintain a large list of FAQs on their main website, in several languages as well as sticky posts at the top of each section on the community. 

It doesn't really matter what your opinion is to me, I am going to continue helping anyone who posts asking for help because I want them to be able to enjoy Spotify as I do.

Peter