Apple faces another class-action suit
updated 02:00 pm EDT, Fri August 17, 2007
Apple faces another suit
Apple is being slapped with another class-action lawsuit over the battery in its iPhone, this time by a Northern California resident who is echoing claims of a similar suit filed in the state of Illinois. Sydney Leung is accusing both Apple and AT&T of fraud because the companies neglected to inform potential iPhone buyers of the costs related to maintaining a working battery for the device over the course of the iPhone's lifespan, according to AppleInsider.
Leung's suit claims that Apple's iPhone battery only lasts 300 complete charges before becoming completely depleted, and says that the battery will need replacing every year which can only be accomplished by Apple technicians without voiding the warranty.
The lawsuit was filed on behalf of hundreds of thousands of users who purchased iPhones during the initial launch, before Apple and AT&T announced their battery replacement details. The suit claims that Leung and others who bought iPhones during the product's introductory weekend were uninformed of the time as well as money needed to maintain the phone's battery until after they had signed a two-year contract with AT&T. Leung is seeking the cost of replacing batteries and punitive damages for misleading initial iPhone customers.
Apple has yet to respond publicly to the suit but contradicts claims about the iPhone's battery life, maintaining that the battery offers full charging potential for between 300-400 cycles and will likely hold most of its charge for an extended period afterward.
In late July the New York Consumer Protection Board issued a letter to Apple chief Steve Jobs requesting that the iPhone be slightly more consumer-friendly. The agency cited both replacement procedures as well as costs in its letter, saying that consumers should be able to replace the battery themselves. The board further suggested that Apple review its disclosure practices and restocking fees.
The Foundation for Taxpayer & Consumer Rights in late June warned both Apple and AT&T that the companies must agree to new consumer safeguards relating to its iPhone, pointing to two "serious potential problems" with the iPhone launch. FCTR founder Harvey Rosenfield pointed to the fact that iPhone owners cannot replace the battery themselves as well as lofty cancellation fees as potential troubles for the Cupertino-based company.










premature
08/17, 02:25pm reply
I predict that when (if) this suit goes to trial in two years, this guy's (and most people's) iPhone battery will still be charging to 80% of its original capacity. Tell THAT to the judge.
elroth
Fresh-Faced Recruit
Joined: Jul 2006
makes no sense
08/17, 02:34pm reply
there is no way that they could have inferred the number of cycles the battery was capable of until apple actually published the knowledge base article about it shortly after the iPhone launch.
so therefore common sense says that the consumer really purchased an expensive, complex item without really knowing everything about it. you just HAD to get one the first day, didn't you?!?
so who is really the negligent one here?
scottnichol
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Joined: Oct 1999
The phone is the evidence
08/17, 02:51pm reply
When and if this ever goes to trial, Aplle should subpoena the phones of these people and, in front of the judge / jury, do tests on the phones and show that they work and have batteries that still work.
jhawk95
Fresh-Faced Recruit
Joined: Oct 2006
Idiots.
08/17, 02:54pm reply
Why on Earth aren't there tougher vexatious litigation laws in this country? Will the plaintiff have to pay costs for this if the claim is dismissed? I don't know, but they sure as h*** should in my opinion, and that's all I'm stating, an opinion. Nobody forces you to buy these products and doesn't apple state a prospective 80% full charge capacity after 400 cycles?
FavFruit
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Joined: Mar 2007
really?!
08/17, 02:57pm reply
People need to stop trying to get a slice of the "Apple" pie. I think she will wrap up more in costs than it will be worth. Apple has to pay their lawyers if they are working or not so they will tie this and other cases in court for evvveeerrrrrr. I'm not happy with the battery but it goes along with all the other Apple products. Maybe Apple should just give everybody a freebie replacement and hopefully that would shut everybody up.
drole.homme
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Joined: Jun 2007
fanboys
08/17, 03:19pm reply
I'm a big fanboy, and even I can see why batteries should be user servicable. SJ bonehead decision. Replacing iPod batteries? Very difficult. SJ bonehead decision. Extremely underpowered video card to go with "Extreme" chip in 2.8 iMac? SJ bonehead decision. Mighty mouse??? Glossy screens??? Lockdown iPhone system? No real SDK? Come on, folks. I love Apple, but really dislike the way this is going. And has always gone.
Cubester
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Joined: Jun 2001
MacNN, why?
08/17, 03:35pm reply
Why bother posting about these? We all know they have to chance (outside of CA) of being taken seriously, so why bother? Perhaps it's Google hits...
danviento
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Joined: Dec 2005
And...
08/17, 03:36pm reply
Here they come all popping out of the woodwork. Waaa waaaa, this and waaa waaaaa that. Face it. Electronics need a certain amount of service no matter WHAT or WHOM built them. It's a fact of life, people GET OVER IT. And litigation over a freaking BATTERY? Some ambulance chaser is trying to ride the Apple train, for SURE.
GOD, I'm tired of all this c***.
Beechlady
Fresh-Faced Recruit
Joined: Oct 2006
Inform Yourself!
08/17, 04:12pm reply
"...because the companies neglected to inform potential iPhone buyers..."
Customers should really have some responsibility in informing themselves of what they are buying. The "unreplaceable" battery wasn't any kind of hidden secret... for the nearly seven months before it launched. *PLUS*... the customer has 14 days to return it after purchasing it. If they didn't like the battery as it was, they could have received a refund.
So, I go buy a Kenworth big rig, but don't have a CDL, and I get busted for driving a semi. Is Kenworth at fault when I say "huh? I didn't know I needed a special license to drive one of these."
Or, I go to the home improvement store, and buy a propane based water heater, but I have a natural gas supply line at my home, and my house blows up. Is it the store's fault that they didn't come out and inspect my line to make sure I was buying the right thing?
Consumers need to take responsibility as well!
Rance
Fresh-Faced Recruit
Joined: Apr 2002
Re: fanboys
08/17, 04:26pm reply
People buy Apple products because of style. Putting a battery compartment would have made the phone thicker and "less slick".
Not that I necessarily agree with that, but that's probably the explanation as to why the batteries are not user-replaceable.
Regardless, there is a 14-day return period - these guys don't have a case, and it's just PR for the law firm handling it.
hayesk
Professional Poster
Joined: Sep 1999