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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.

by MacNN Staff





  1. Feynman

    Joined: Dec 1969



    ....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."

  1. russellb

    Joined: Dec 1969


    Get a Life

    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.

  1. bsnoel

    Joined: Dec 1969


    Have to wonder

    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.

  1. B44647646

    Joined: Dec 1969


    Sue AT&T

    Sue AT&T, not Apple. Stupid woman.

  1. lockhartt

    Joined: Dec 1969


    she had recourse

    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."

  1. DeadBeat

    Joined: Dec 1969


    Apple Sued

    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!

  1. Eldernorm

    Joined: Dec 1969


    Why sue is the key

    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. :-)

  1. jameshays

    Joined: Dec 1969


    I wonder

    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'

  1. estranged

    Joined: Dec 1969


    take it back?

    What ever happened to "I think this product sucks, I'm returning it and demanding my money back".

  1. Constable Odo

    Joined: Dec 1969



    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.

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