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BlackBerry files complaints with the SEC and OSC

BlackBerry has a lot riding on its new BB10 operating system, the recently released Z10 smartphone, and the upcoming Q10 QWERTY smartphone. Late last month, BlackBerry showed some signs of life when it announced that it had shipped one million Z10 smartphones and reported Q4 2012 profit of $94 million USD.
With its turnaround well underway, it should come as no surprise that the folks at BlackBerry were none too pleased at recent analyst reports that cast a bad light on its flagship Z10. According to Joe Fersedi, an analyst for ITG, the Z10 launched started off "poorly and weakened significantly as the days passed." He also noted that sales were barely ahead of BlackBerry's decrepit BlackBerry 7.x devices.
But while Fersedi's comments were damaging, Detwiler analyst Jeff Johnston went for the jugular, stating, “We believe key retail partners have seen a significant increase in Z10 returns to the point where, in several cases, returns are now exceeding sales, a phenomenon we have never seen before."

Blackberry Z10
BlackBerry was quick to respond, with CEO Thorsten Heins stating:
Sales of the BlackBerry Z10 are meeting expectations and the data we have collected from our retail and carrier partners demonstrates that customers are satisfied with their devices. Return rate statistics show that we are at or below our forecasts and right in line with the industry. To suggest otherwise is either a gross misreading of the data or a willful manipulation. Such a conclusion is absolutely without basis and BlackBerry will not leave it unchallenged.
BlackBerry isn't taking these "false and misleading" statements made by these analysts lightly, and today is filing an official complaint with the Security and Exchange Commission (SEC) and the Ontario Securities Commission.
"Everyone is entitled to their opinion about the merits of the many competing products in the smartphone industry, but when false statements of material fact are deliberately purveyed for the purpose of influencing the markets a red line has been crossed," exclaimed BlackBerry Chief Legal Officer Steve Zipperstein.

Sources: BlackBerry, The Wall Street Journal

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Ah, real numbers?
By melgross on 4/12/2013 11:12:34 AM , Rating: 2
Blackberry will have to release some actual numbers to refute the charges. This should prove interesting if they really do go ahead with it.

But I just hate the "We're meeting expectations", or "We're exceeding expectations".

What exactly does that mean? Without real numbers as to devices sold to the public, and activated, including subtraction of devices returned, it means nothing. Devices sold to network operators, distributers and retail outlets means nothing either.

RE: Ah, real numbers?
By Shadowself on 4/12/2013 1:46:01 PM , Rating: 2
Since they've filed with the two closest securities commissions I'd suspect they have the numbers to back up their claims that the analysts are either a. willfully spewing crap based upon little or no research or b. are outright lying. At the very least BB must be very sure that they can get those numbers together before any hearing.

If the hearings before the commissions happen and BB does NOT have the numbers to back up BB's claims, the legal backlash will be significant -- and the public relations backlash will be much, much worse than that!

RE: Ah, real numbers?
By hrrmph on 4/12/2013 1:46:11 PM , Rating: 2
Q1 financial reporting should tell us something, if only obliquely.

RE: Ah, real numbers?
By BRB29 on 4/12/2013 1:50:05 PM , Rating: 2
it means they're within a certain confidence level(most likely 95%) of sales expectations. Exceeding means it is above predicted sales #s. It is statistical analysis.

You may say "well, they just made up that number" and I'll say you're ludicrous. Everything is planned and has been planned for years. Capacity planning(production), supply chain management, marketing, accounting, etc.. all works together to meet those targets. It is not something they can just come up with especially on a global scale.

"There's no chance that the iPhone is going to get any significant market share. No chance." -- Microsoft CEO Steve Ballmer

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