Device delivered, is not what was ordered.

[Onceagain33]

What is the name of your state?NM. I purchased an AI device (Mycroft). I made the purchase back in January of 2022. The long lead time on delivery was due to this being a new version of a product they already had on market. Mycroft II. This is a company out of Kansas City, MO. I choose this company because they already had a product in the market and they are U.S.A. based. Paid $300. With the order.

so..this is a “smart voice assistant”. does everything the Amazon Dot/Alexa does, but without a corporation collecting your voice data and personal data. And..it is open source software…so I could (in theory) purchase additional software on the open market. None of this technology is leading edge.

so..it finally arrived the first week of January 2023. It does very little, and what little that does work is wrong or incomplete. For example..I can tell it to set an alarm, but when the alarm goes off the command to stop does not work, the only thing I can do it unplug it and wait for a reboot. Same thing for the radio, and the timers. Cannot make it stop. None of the other commands work at all. The company publishes a list of “basic commands” on their website….but those command do not work. Either get weird responses, or “you will have to rephrase that”. No reminders. No list making. No interactive “house” controls (lights, security system, etc).

I sent multiple messages via their website “contact us”. No response. I sent emails to every contact person I had on my lists, no response. I joined the company website/chat community. Everyone there is complaining that their new Mycroft does not work and they cannot get support. since the company has deleted their phone number from the website…I sent written letters to them (certified, so I know they were delivered).…no response.

at this point the Mycroft is an expensive broken alarm clock.

I have doubts that I can sue in small claims here in New Mexico when the company is in MO. What is the deal with small claims when the dispute is over an on line purchase? What is the criteria for a class action suit? There is a lot of mad customers. We all feel we were scammed.

(this was reported to MO state attorney office of consumer affairs, and the the FTC), as there are only ~2000 total customers…we might not be a large enough contingent to get much notice.

I see that they are continuing to sell this bogus device. On discount!

 

[adjusterjack]

I sent multiple messages via their website “contact us”. No response. I sent emails to every contact person I had on my lists, no response. I joined the company website/chat community. Everyone there is complaining that their new Mycroft does not work and they cannot get support. since the company has deleted their phone number from the website…I sent written letters to them (certified, so I know they were delivered).…no response.

But did you make a warranty claim, IN WRITING, in accordance with the company's warranty?

2022 10 03 FINAL Mycroft Mark II Hardware Warranty for PRINT.docx

If you did, what happened to it?

If you didn't, you are spinning your wheels until you do.

I have doubts that I can sue in small claims here in New Mexico when the company is in MO. What is the deal with small claims when the dispute is over an on line purchase?

If a written warranty claim gets (or got) you nowhere, and you want to sue, your ability to sue in NM is addressed by NM statute 38-1-16:

New Mexico Statutes Section 38-1-16 (2017) - Personal service of process outside state. :: 2017 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

The product wasn't sold through an agent in NM, nor was it sold personally in NM so, yes, you would have to sue in MO. While your court and process service costs would be recoverable if you win, your travel and lodging costs would not be.

What is the criteria for a class action suit?

Money. Lots of it. $300 times 2000 customers is $600,000. Class actions are expensive. A lawyer taking it on a contingency would likely have to spend hundreds of thousands and years on it. By the time it's over, either by judgment or settlement, most of the money would go back to the lawyer and the customers would likely get a dime on the dollar. ***

The alternative is for the angry customers to contribute to a lawsuit fund and pay a lawyer by the hour to file suit on behalf of all of them, in the hopes that the court will certify the suit as a class action, or just allow the group as a single plaintiff. No way to predict.

Other than that, all you (and others) can do is post negative reviews on the internet wherever possible and hope prospective customers look for reviews before buying.

mycroft ai reviews complaints at DuckDuckGo



***People think "class action, free legal, big settlement," but that's not what happens. The lawyers and the lead Plaintiffs get the big money, the class members get peanuts. I've been a class member on numerous occasions. The most I ever got was $250 on a $4000 loss due to stock manipulation. At the other end I got $9 for a $200 purchase, and it was just a coupon for $9 off on my next purchase of the same (supposedly upgraded) product.

 

[Onceagain33]

first, yes..I was clear that I was making a claim on warranty when I wrote to their 3 listed offices. Sent via certified US Mail. I know it was delivered. Come to think of it… isn’t there also a legal status of implied warranty that no company can just ignore? I seem to remember something about that in the Uniform Commerical Code.

Yeah, well..I figured the class action was just to force this company to stop knowingly selling thin air.
I’m going to start posting in various reviews to warn the next potential buyer to avoid them. But, I think their business model was to grab the money and run, so they don’t care if there are any future buyers.

I was impressed by the year long contact I had with them..every question answered, every contact got response..right up until it was delivered…then….silence. I wonder why they bothered to send anything at all?

 

[adjusterjack]

Did you pay by credit card? If yes, you may be able to get a chargeback since it was only delivered this month.

Worth a try.

 

[Onceagain33]

Here is the end of the story. (I hope). After raising a serious amount of “stink” on the manufacturers website, I finally got noticed by them.
I got a simple notice. They sent me a prepaid mailing labels and asked that I send it back and they would refund my money. While I was very disappointed that they were not going to do anything to fix the device, I was glad to hear I would get my money back (this was not cheap).
well, I sent it back a week ago. I have the confirmation of delivery. Still have not heard about my refund.

ps….from where I sit, I would say the AI isn’t ready for prime time. Most coherent statement this thing ever made was “scoopie do, where are you?”

 

[quincy]

... They sent me a prepaid mailing labels and asked that I send it back and they would refund my money ...

Most coherent statement this thing ever made was ”scoopie do, where are you?”

I hope you receive your refund soon. If the AI you purchased said “Scoopie” with a “p” instead of “Scoobie” with a “b,” it definitely was worth your hassle to return.