Surface Pro 4 Screen Flickering/Shaking/Jumping issue #Flickergate

Discussion in 'Microsoft' started by DRTigerlilly, Oct 15, 2017.

  1. Marty

    Marty Scribbler - Standard Member Senior Member

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    Why not just do that right now? :p

    Put all this fiasco behind you, and enjoy some nice smooth EMR and lovely OLED while you're at it. ;)
     
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  2. dstrauss

    dstrauss Comic Relief Senior Member

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    Yeah - what he said; then I wouldn't be by myself with remorse when the Acer drops and it doesn't melt into a silicon pile...
     
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  3. DRTigerlilly

    DRTigerlilly Tablet Lead Mod (Retired) Super Moderator

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    ha ha ha;)
     
  4. DRTigerlilly

    DRTigerlilly Tablet Lead Mod (Retired) Super Moderator

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    Spoke with Miglaccio & Rathod today re their investigation for the class action re the Surface Pro 4. They seem to be bumping into the Federal Arbitration Act and are looking for a class representative in a state that doesn't recognize the act.

    How can I find out which states don't recognize the act? @Bronsky @dstrauss
     
  5. Bronsky

    Bronsky Wait and Hope. Senior Member

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    It's not that a particular state doesn't recognize the Act. The federal law is supreme. It's that certain contract formation issues are governed by state law. In particular, when deciding whether grounds exist in law or equity for the revocation of a contract that contains an arbitration clause. California has been at the forefront on this issue but has been reversed by the US Supremes at least twice in the last 5 years. The most famous cases are Concepcion and Direct TV. So California is clearly a consumer friendly state. Jersey is as well (or was before Christie started appointing our justices). The problem is not only the states, however, but the circuit in which the state is situated. Our circuit (the third) broadly applies preemption to overrule state law. Dale's circuit (the fifth) is probably the most conservative in the nation.

    The only way to really identify the individual states that disfavor class waivers and the like is to spend some time on Westlaw or Lexis and look at the individual state and circuit decisions. the lawyers you're speaking to should be able to point you in the right direction.
     
  6. DRTigerlilly

    DRTigerlilly Tablet Lead Mod (Retired) Super Moderator

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    just read about the Direct TV case in my research....taking me back to the days when I considered law school :p

    Thank You so much @Bronsky! Will head over to those references, the law firm didn't specifically mention any states, they implied that more likely than not they would be limited to individual arbitration.
     
  7. Bronsky

    Bronsky Wait and Hope. Senior Member

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    I can see how they would say that. But, cases like this are tailor-made for the class action process.
     
  8. dstrauss

    dstrauss Comic Relief Senior Member

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    @DRTigerlilly and @Bronsky - What he said!

    Seriously, talk to the class action lawyers again to get some guidance, but I don' think there is such a thing as a state "not recognizing" the FAA, because as recently as 2017 the Supreme Court struck down Kentucky's attempt to limit any contractual arbitration in favor of the Kentucky constitutional and sacred right to access to the courts (that's the concept of federal preemption Bronsky alluded to). Couple that with most Federal jurisdictions despising class action suits, and it is a tough row to hoe.
     
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  9. DRTigerlilly

    DRTigerlilly Tablet Lead Mod (Retired) Super Moderator

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    Well the replacement Surface is taking a visit to the Microsoft Store today.
    I downloaded the Surface Pro 4 image and wiped the device before it was sent off.
    Had no issues with it (outside of the intermittent row of dead pixels) and wiped it a 2nd time (as I had been using it (can't pry it out of my hands despite my love/hate relationship with it
    The Microsoft Store is saying the installation is corruptedo_O
    and offered to run diagnostics or to replace if they have stock.

    Getting a 2nd replacement Surface Pro 4. *fingers crossed*
     
  10. Big'Un

    Big'Un Pen Pal - Newbie

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    My Pro 4 started the dreaded flickering yesterday. :( I have babied it from day one, not a scratch on it. So, as I do not want a refurb, I ordered a replacement LCD flex cable and will be having the local tech guys replace it for me. I could do it myself, but I really don't want to risk breaking the screen. Of course, the cable might not be the issue and may have to get a new screen anyway, but going to try it first. If it works, I'll report back here as the total fix would only cost about $85 (labor is $65.) It will be a week or two.
     
    Last edited: Mar 19, 2018
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