Consumers in the US and Canada have sued Research in Motion for a three-day service outage on BlackBerry devices that rippled across the world earlier this month.
The system-wide failure of the service had left tens of millions of frustrated BlackBerry users on five continents without email, instant messaging and browsing.
Research In Motion's co-chief executives had apologised to millions of BlackBerry customers for the three-day outage that tarnished the company's image and set back its drive to catch up with Apple and other smartphone rivals.
The US lawsuit, filed on Wednesday in the federal court in Santa Ana, California, was brought on behalf of all US BlackBerry owners with an active service agreement at the time of the email, internet and messaging interruptions.
It accuses RIM of breach of contract, negligence and unjust enrichment.
The Canadian lawsuit, filed on Wednesday in Quebec Superior Court, was brought on behalf of all Canadian BlackBerry owners with an active service agreement.
RIM failed to compensate BlackBerry users with refunds for loss of service and must "take full responsibility for these damages," it said.
The US lawsuit was brought by Sherman Oaks, California, resident Eric Mitchell. While Mitchell did not sign a service contract directly with Research in Motion, he paid the company fees for BlackBerry device through mobile network Sprint, the complaint said.
He therefore had an "implied contract" with Research in Motion, it said.
Because of the global service outage that began on 11 October and continued until 14 October, Mitchell was unable to use emails and other communications "in real-time, without delay, reducing and interfering with his productivity and causing him damage and loss of money," the lawsuit said. Mitchell thus "paid for a service he did not receive," it said.
US plaintiffs are seeking damages including cash compensation for service fees along with legal costs.
The US complaint estimates that Research in Motion earns at least $3.4m (£2.12m) a day in service revenue, collected from customers through networks including Sprint and Verizon . "Plaintiff and the class ultimately paid these fees," it said.
The size of the potential class of US consumers would include 2.4 million California residents alone, the lawsuit said.
Original Page: http://www.guardian.co.uk/technology/2011/oct/27/blackberry-outage-rim-us-class-action