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New iPhone Lawsuit Targets Unlocking
Monday, August 27th, 2007 at 4:00 PM - by Jeff Gamet
The latest lawsuit involving Apple’s iPhone takes a different angle than the first two cases that have been filed against the company. Instead of targeting the combination iPod and smart phone’s non-user replaceable battery, Herbert Kliegerman filed a suit claiming that Apple did not fully disclose that the iPhone could not be unlocked for use with other cell carrier services, according to The New York Sun.
Mr. Kliegerman filed his class action law suit with the New York State Supreme Court because he felt when he purchased three iPhones in early July, Apple failed to disclose the strict lock with AT&T. He claimed by withholding the information, Apple violated New York’s consumer protection law prohibiting "deceptive acts or practices in the conduct of any business trade or commerce or in the furnishing of any service."
His court filing stated that he attempted to obtain an unlock code for an iPhone from AT&T so he could purchase local SIM cards when traveling outside of the United States, which is a common practice to help reduce roaming charges. Although available for other phones from AT&T, Mr. Kliegerman was informed that unlock codes are not available for the iPhone.
In addition, after spending a week in Mexico, he received a US$2,000 phone bill from AT&T for data roaming charges. Mr. Kliegerman claimed this also violated consumer protection laws because Apple’s Web site states that iPhone users can "browse the Internet and send emails as often as you like without being charged extra."
Mr. Kliegerman is seeking an injunction to stop Apple from selling the iPhone in New York until it begins fully disclosing that the handset cannot be unlocked for use on other carrier networks. He is also seeking a court order requiring Apple to provide unlock codes when requested, and to clearly disclose the fees users will incur when using the iPhone internationally.
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