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The makers of the “Phantom 2” drone have been hit with a class action lawsuit alleging an app software update critically damaged the drones’ functionality.
According to the Phantom 2 Drone class action lawsuit, owners and users of the Phantom Drones began experiencing significant problems after they installed a firmware update released by defendants DJI Technology Inc. and DJI Service LLC. The firmware update reportedly affected the DJI defendants’ Phantom 2, Phantom 2 Vision, and Phantom 2 Vision + quadcopter drones.
Plaintiff Kevin Sives says the firmware update caused users of the affected drones to lose the ability to record video and take photographs. These features are a primary reason consumers choose to purchase these drones, according to the Phantom Drone lawsuit.
The Phantom 2 Drones are designed to be used in conjunction with a mobile application that allow the user to view and edit videos and photographs captured by the drone. This app can be installed on computers, smartphones or tablets.
The DJI defendants periodically release firmware updates, which are intended to maintain or improve the drones’ functionality, according to the Phantom Drone class action lawsuit. The December 2015 update, however, caused many users to experience functionality issues.
Specifically, the update caused the drones to lose their ability to display or record live footage or take photographs, the Phantom Drone lawsuit alleges.
Sives asserts the defendants knew or should have known that the firmware update would cause immediate damage to the drones. However, DJI reportedly refused to repair or replace the damaged drones without a fee.
According to the Phantom Drone class action lawsuit, Sives purchased a Phantom 2 Vision + quadcopter drone from the defendants’ website for $1,169 and received the drone in April 2015. After installing the December 2015 firmware update, Sives says he lost the ability to view the footage captured by the drone. “In short, Plaintiff Sives was deprived of the primary use of his Phantom 2 Drone as the firmware update rendered his Drone useless,” he alleges.
Sives contacted a customer service representative who reportedly informed him the defendants would repair the drone free of charge. After mailing his drone to the defendants, however, Sives was allegedly told that he would need to pay $250 for repairs. Sives refused to pay that amount, the Phantom Drone class action lawsuit says.
By filing the Phantom Drone class action lawsuit, Sives seeks to represent a nationwide Class of consumers who purchased Phantom 2 Drones and who downloaded and installed the December 2015 DJI Vision update. He also seeks to represent a Pennsylvania subclass.
The Phantom 2 Drone class action lawsuit asserts claims for breach of express warranty, breach of written warranty, breach of implied warranty, breach of the duty of good faith and fair dealing, negligence and breach of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
Sives has asked the court to order the DJI defendants to repair, recall and/or replace the Phantom 2 Drones or the component parts that were damaged by the software update. He also seeks general and punitive damages, pre- and post-judgment interest, attorneys’ fees and costs, and other relief deemed appropriate by the court.
Sives is represented by Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCune Wright Arevalo LLP and Bruce D. Greenberg of Lite Depalma Greenberg LLC.
The Phantom 2 Drone Software Update Class Action Lawsuit is Kevin Sives v. DJI Technology Inc., Case No. 3:17-cv-00294, in the U.S. District Court for the Middle District of Pennsylvania.
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12 thoughts onPhantom 2 Class Action Says Software Update Damaged Drone Functionality
Is this lawsuit just for the United States?
Is there a known Canadian lawsuit I have the same issue no FPV.
Fcuk DJI.
Reminds me of Apple, maybe wore than them.
We are having problems with our controller on our DJI phantom 4 and getting runaround from company that we likely need a new controller. The drone has had few flights, flown by RC pilot of 40 years, expertly carved for. Its appalling that this company can get away with so many problems and not resolve customer complaints. I see many youtube videos of people with the same problem as we are experiencing. I tried to discuss this on a DJI support group and was blocked and told it was probably my fault because I was a woman. We have been flying RC for 40 years, have had a very successful RC business, fly out craft on our own family air field and are not novices. We feel ripped off by DJI
Has there been any updates on this?
I am still fighting this company over my drone.
is there any new updates on this case action suit
I have owned every drone DJI ever made. I am a professional UAV pilot and former USAF drone pilot with thousands of hours flying them. the Phantom 2 was by far the worse drone I ever had and DJI is a fairly useless company when it comes to any real customer service.
I agree. Mine flew exactly once! I thought it was firmware issue, updated and now NOTHING works. Customer service is no help and this has become expensive paperweight. I now fly a $140 one with no issues except a small concession in pic quality.
Mine flew perfectly before the update. Then lost all camera communication as well after update. No help from DJI.
My phantom 2 drone I can not see the footage . I have not been able to enjoy the drone. And I am very upset over this . That was the reason I purchased it to see the footage . Now it worthless 1200 dollars down the drain .
PHANTOM 2 DRONE TOTALLY DISAPPOINTED US. WE WERE DEPRIVED OF USE. COULD NOT SEE FOOTAGE OS WHAT DRONE WAS SEEING
Who on earth would buy a phantom 2 vision+ in 2015? That’s long after the phantom3’s came out. Their advanced model would have been slightly cheaper too. Sounds like he didn’t do his research before purchasing a drone. What do you expect when you buy a product that been discontinued. In 2015, I’m pretty sure the update pushed to the p2 vision + was geo fencing, which wouldn’t effect the drone functionality only flying. Also, they’re not forced updates and he could have rolled back the firmware. Sounds like he has no clue what he’s doing, and has no reason to own a quad.
Anthony, you actually have no clue what you are talking about.
I bought the P2V+ when it was still being produced. Soon after my warranty ended, I did the firmware update. It also killed my video and telemetry. It’s not a matter of rolling back the firmware, as it has actually killed the hardware. Hardware they no longer support or sell. All of us that are having this issue are stuck with $1200 paperweights. Their reply to me when I contacted them was to update to the P3 at full price! Yeah Right! This was all back in 2015 also. I still have my $1200 paperweight with extra batteries, cases, accessories, etc… If this lawsuit goes through, DJI deserves it.