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Apple Facing iPhone 3G Class-action Lawsuit

Apple's iPhone 3G launched on July 11 and thanks to spotty cell reception it is already facing its first potential class-action lawsuit. The lawsuit, filed by Jessica Alena Smith on Tuesday, claimed that Apple's marketing hype doesn't reflect the slow data connection speeds and dropped calls that many iPhone 3G owners are experiencing, according to Ars Technica.

Ms. Smith's complain alleges that the iPhone 3G is defective, and because of the number that have been sold so far she hopes the court will grant her case class-action status.

Apparently the Birmingham, Alabama, area where Ms. Smith lives and works offers strong 3G coverage from AT&T, but her iPhone 3G isn't showing similar performance. Instead, the combination iPod and smartphone connected to the 3G network less than 25 percent of the time, her data connection was slower than expected, and she received sub-par performance from email, and SMS communication, too. The suit also claimed that Ms. Smith's iPhone suffered from an "inordinate amount of dropped calls."

Ms. Smith claimed that "perhaps tens of thousands" of iPhone 3G owners have experienced the same problems and suffered monetary and economic injuries, and that Apple "was and continues to be unjustly enriched at the expense of Plaintiff and Class members." The suit also alleged that Apple breached its express warranty that the iPhone would "perform adequately" on AT&T's 3G network.

Dropped calls and poor 3G performance are common issues for many iPhone 3G owners, and the recently released iPhone 2.0.2 software update was intended to address those issues -- at least in part. Apple also has an iPhone 2.1 software update in the works that apparently will address the reception issues, too.

The lawsuit seeks unspecified damages, pre-judgement and post-judgement interest on monetary relief, attorney's fees, and that Apple replace or repair the defective iPhone 3G units.

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FlipFriddle said:

member since 18 Dec 2001 with 480 posts, unranked, send him a message or view his profile

Boy, if those shoes I just ordered don't fit, I'm suing!!! Physical discomfort requires restitution!

Jeez, folks. If you think the phone sucks, don't buy another one, or return it. The marketplace will sort it out.

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Tiger said:

member since 17 Jun 2003 with 1018 posts, unranked, send him a message or view his profile

Now I ain't sayin' she's a gold digger, but don't go messing with her iPhone either.

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geoduck said:

member since 30 Dec 2003 with 1922 posts, unranked, send him a message or view his profile

That is the big question about such lawsuits: Will they make things better?

Suing Apple for having a problem, when they have admitted the problem and are already scrambling to fix the problem and really don't need another distraction on their plate seems at the very least counterproductive. That is assuming that fixing the problem is the plaintiff?s real goal.

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gopher said:

member since 28 Mar 2002 with 291 posts, unranked, send him a message or view his profile

The real fix would be a removable battery. AT&T has always had me remove my battery when my reception starts going bad. They recommend removing it once a day for optimal reception with the towers. That resets the signal with the towers. As it stands I already have a phone that does have a removable battery. And given this method of resetting the signal, I'm not buying a phone without one.

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A guest said: (hide)

Why is she suing Apple for an AT&T issue?

As for removing the battery, why not use the phone's search for a new network function? I believe it accomplishes the same thing.

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A guest said: (hide)

My iPhone 3G doesn't drop calls and it handles data just as advertised. This sue happy society and the dolts that do it make me sick.

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A guest said: (hide)

You will not get rich from a class action lawsuit. However, it will force Apple to acknowledge the problem (which they haven't fully) and disclose the problem (they are currently tight-lipped). I don't like lawyers, but I also want the problems with my iPhone 3G to go away.

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A guest said: (hide)

Guest wrote:
Why is she suing Apple for an AT&T issue?

As for removing the battery, why not use the phone's search for a new network function? I believe it accomplishes the same thing.

Problems are being reported on all the various 3G networks around the world where the iPhone is sold. The common item is the phone.

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A guest said: (hide)

http://www.shameonapple.com/

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