Originally Posted by NZ Benz
No it's not, I did a case in first year law where a guy got sick from eating uncooked sasuage. The judge dismissed the case on the grounds that it's common knowledge that you must cook food to eat it. In this case I think the same reasoning applies. Everyone knows that the old networks are being shut off, in NZ ours went offline a few months ago. Also if he reads his manuals I bet that he will find that his teleaid will be listed as analog, furthermore it says in cars "always read owners manual before operating" (not that we do but thats not the point) in short he should have read the owners manual and known that the network would soon be shut down. As with everything you buy there is a certain bit of cavert empator (spelling) or buyer beware, that is to know what your buying.
Using that "common knowledge" approach you have to assume that folks know that Teleaid is 1) part of the cellular system, 2) know or care how a cellular system works, 3) accepts that a subsystem of their car must be "upgraded" to function [ie not stop dead].
This became fodder for dinner conversation this evening with both lawyers, the Asst AG and car guys present [including one Toyota exec] -- It was steak night out. All I had to do was rekindle the conversation with the AAG and set back. It got "well done" at times as positions were offered.
As Musikmann said, this is very much a complex issue since advertising issues are involved along with the fact that is is a automotive subsystem [not something that one expects to upgrade to function] and not "just a cell phone" like some of the old Benz car phones that dated themselves that can easily be replaced at commodity prices.
While I think many people will just get the adaptor done and not know that there is an issue being investigated, this is being investigated by AG offices in several states against several car companies and cellular companies. Since there is a deadline imposed for 12/31/07 that has FCC blessing, any action will be pretty quick.