Apple sued over iPhone 3G performance
updated 06:25 pm EDT, Wed August 20, 2008
Apple sued over iPhone 3G
Apple is facing the first of what could be many lawsuits over the iPhone 3G's performance and reliability. According to Ars Technica, Jessica Alena Smith filed a complaint against Apple Tuesday, seeking class-action status. The complaint reads that the Birmingham woman's text messages, data and e-mail were slower than she had expected since Apple had been advertising the 3G as "twice as fast for half the price." She said her iPhone would only connect to AT&T's 3G network less than 25 percent of the time.
Smith is not alone, numerous similar reports have turned up on the internet, some blaming a potentially faulty Infineon chip. On Monday, Apple released iPhone update v2.02 and some users reported faster connections as a result. Others, however, say the problems remain.
By asking for class action status, Smith opens the door to hundreds or perhaps "tens of thousands" of other users who may be experiencing iPhone problems. The suit asks that Apple be ordered to repair or replace all defective devices and pay unspecified damages, interest and attorney's fees, according to Ars Technica. The complaint says Apple breached its expressed warranty that the iPhone would support 3G speeds, and says the company "continues to be unjustly enriched at the expense of Plaintiff and Class Members."
So far there has been no response from Apple. However, Steve Jobs has reportedly acknowledged some problems with the iPhone in an e-mail sent directly to a customer. Jobs said the problems appear to affect about 2 percent of all iPhones shipped, and that work was underway on a software patch that will be released in September.











Jessica.....
08/20, 07:18pm reply
....forgot to read the bottom of Apple's iPhone 3G site where it specifically states:"* Comparisons between iPhone 3G (8GB) and first-generation iPhone (8GB) running on EDGE. Actual speeds vary by site conditions."
Feynman
Forum Regular
Joined: Aug 2006
Get a Life
08/20, 07:24pm reply
I really which people would get a life with suing people.
Dont get me wrong, I am just as annoyed with the Iphone 3G glitches as anyone else, but for crying out loud it has not been out long, is due a major firmware update in Sep.
Now I dont approve but real life now days is that companys like lets see ... Microsoft, HTC etc etc all put out products with faults, bugs and problems and work at fixing them along the way.
Apple is no different and even with all it's first release faults the Iphone is still hands down light years ahead of anything else on the market and I am sure will get better and better with each firmware update.
At least UNLIKE companies like HTC c*** that I have owned , that just leave you with faults and moves to the next model, Apple at least does frequent updates to address issues.
russellb
Fresh-Faced Recruit
Joined: Sep 2001
Have to wonder
08/20, 07:33pm reply
Everyone blames the iPhone 3g for the connection problems, but I wonder how much of the 3g problem may be at least partly due to the carriers networks.
bsnoel
Fresh-Faced Recruit
Joined: Feb 2006
Sue AT&T
08/20, 07:43pm reply
Sue AT&T, not Apple. Stupid woman.
B44647646
Fresh-Faced Recruit
Joined: Aug 2008
she had recourse
08/20, 07:53pm reply
While I agree there seem to be some issues - she had more than ample time to return her iPhone 3G if she wasn't satisfied with it, so I see little weight to this suit.
This country has become a bunch of greedy, litigious losers. If you buy something and you don' like it, return it. If you choose to keep it for more than 30 days hoping it will get better, then you take your chances. I went though a similar process with Lens Crafters a few years ago, and on the 30th day when they still hadn't gotten things right, I asked for a refund. That was my right, and I exercised it. I didn't sue them because their product didn't work for me... I just took my business elsewhere.
You could argue false advertising, but I'm sure there's fine print there somewhere that says something along the lines of "...average speed when using 3G service, where available. Actual speeds experienced by users may vary."
lockhartt
Fresh-Faced Recruit
Joined: Apr 2000
Apple Sued
08/20, 08:14pm reply
Whether the fault lies with Apple (Faulty Phone) or AT&T (Faulty network), THERE IS a big problem with the iPhone & reception! I am now on my 3rd iPhone 3G in Los Angeles & the reception has been the same ~ HORRIBLE on all 3 phones. The 2.0.2 actually made my reception worse. Apple or AT&T or Both need to get there sh*t together & make this thing work!
DeadBeat
Fresh-Faced Recruit
Joined: Jan 2002
Why sue is the key
08/20, 08:27pm (2 replies) reply
The key here is that she wants to make tons of money not fix a problem. Keep the unit and a lawyer friend says "We ought to sue them. In fact we will do it for FREE if you let us keep 50% of the winnings. So if Apple pays off, they and the girl will make money, everyone else in the class action gets a $25 gift certificate.
GREED, does a soul good. :-)
Eldernorm
Fresh-Faced Recruit
Joined: Sep 2007
I wonder
08/20, 08:48pm reply
I wonder if I have a case. Because of all the stupid lawsuits that Apple has been attacked with, the price of my Apple Services has increased. I wonder if I have the right to sue these people sueing apple for my increased 'hardship and expense'
jameshays
Fresh-Faced Recruit
Joined: Mar 2003
take it back?
08/20, 09:03pm reply
What ever happened to "I think this product sucks, I'm returning it and demanding my money back".
estranged
Fresh-Faced Recruit
Joined: Apr 2007
Un-frickin'-believable...
08/20, 09:56pm reply
These people are really a pain in the a**. What the heck. If I knew it was that easy to sue, I could have made a bundle when my sneakers didn't help me become a professional basketball player. Nike said the Air Jordans would help me move faster and jump higher, but they didn't. Now I'll have to make my millions through the court system.
I'll have no choice. This woman probably just removed about $10 per share from my Apple stock. Dagnabit. Once the media catches full wind of this, it's curtains for Apple.
Constable Odo
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Joined: Aug 2007