Phantom 2 Class Action Says Software Update Damaged Drone Functionality

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.