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.

by MacNN Staff