updated 09:45 am EDT, Wed September 3, 2008
Second iPhone 3G lawsuit
A second lawsuit has been filed over the network performance of the iPhone 3G, documents show. Both Apple and AT&T have been sued by William Gillis, a customer who complains that the companies have recklessly oversold the iPhone 3G, knowing that neither the device nor AT&T's 3G network can support fast access for the current influx of users. Gillis notes that although the latter company has claimed that the iPhone is "performing great" on 3G, speeds are not up to advertised levels, and people are being kicked down to EDGE in areas that should support 3G.
Apple is being taken to task for excessive power demands on the part of the iPhone, which may be triggering the drops to EDGE. Although Apple is believed to be working on a fix for the problem due this month, Gillis charges that the present iPhone packaging should warn shoppers that network performance may fall below par.
Ideally, he says, Apple would "simply disclose complete and accurate information about the product," and Gillis is looking to make the suit a class action case, which would allow all AT&T subscribers affected by 3G problems to earn compensation. The suit seeks restitution and punitive damages, and an injunction against false 3G marketing claims used by Apple and AT&T.