Third iPhone 3G lawsuit

A third lawsuit has been filed over problems with the iPhone 3G, documents indicate. Eulardi Tanseco has named both Apple and AT&T as defendants in a case brought to the US District Court for New Jersey, charging each of the corporations with violating the state's consumer anti-fraud law, as well as other protections relating to warranty and breach of contract. Apple "wrongfully and unfairly deceived its customers," according to Tanseco's filings, "by advertising and selling the alleged newer and improved iPhone 3G with the express and implied promise that this consumer product was a reliable and efficient mobile phone."

Echoing previous suits, Tanseco claims that after buying the device on July 11th, he immediately began having problems connecting to AT&T's 3G network, or alternately maintaining that link. He was more typically relegated to the carrier's 2.5G EDGE network, in stark contrast to Apple's marketing, which promises twice the speed of EDGE. AT&T is accused of participating in the fraud indirectly, by failing to warn customers that the iPhone cannot maintain a connection.

Tanseco further complains of the App Store, suggesting that programs sold there "consistently crash."

Should the lawsuit succeed, Tanseco is seeking compensation and punitive damages, as well as an injunction against the iPhone unless Apple changes its marketing or improves the device's reliability. The company has been given a September 30th deadline to respond to allegations.

by MacNN Staff