toggle

AAPL Stock: 132.54 ( + 1.15 )

Printed from http://www.macnn.com

Apple files to dismiss iPhone dropped calls suit

updated 06:10 pm EDT, Mon October 13, 2008

Apple files suit dismissal

Apple has filed for the dismissal of an August lawsuit regarding the iPhone 3G network performance, according to Computerworld. The company has asked a federal judge to support the motion because the customers did not ask for refunds or device repairs. Jessica Smith, an Alabama resident, filed the original suit after her iPhone only connected to the 3G networks 25 percent of the time, and dropped calls excessively. Shortly after the product launch, Apple released software updates for the device that were designed to alleviate some of the connectivity issues.

Apple's attorneys defend the dismissal filing by highlighting that the "plaintiffs' amended complaint conspicuously omits one critical condition precedent to all three causes of action: an allegation that they contacted Apple to seek a repair of the alleged defects or a replacement iPhone 3G under Apple's one-year limited warranty." Alabama law and the iPhone warranty require that consumers seek a solution from the manufacturer or service provider before taking the issue to the courts.

Apple is currently involved with several lawsuits, recently failing to convince a Northern California judge to dismiss monopoly allegations that accuse the company of illegally closing the platform, limiting data and voice capabilities, and forcing customers to sign additional contract with AT&T if they want to use their iPhone past the duration of the initial two year agreement.

Apple is also fighting suits in New York and California, defending itself against a range of claims including violation of the Cartwright act, poor device quality, software problems, and performance that falls below advertisement suggestions. The iPhone isn't the only source of legal trouble, as two more unsettled battles have made Sherman Act monopoly accusations involving iTunes and the Mac computer platform.




by MacNN Staff

POST TOOLS:

TAGS :

toggle

Comments

  1. Guest

    Joined: Dec 1969

    0

    haha

    haha. Ignorant litigious idiot.

  1. testudo

    Joined: Dec 1969

    +5

    man

    How stupid of a lawyer did this person hire?

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

Follow us on Facebook

toggle

Most Popular

Advertisement

Recent Reviews

Notti smart lamp from Witti

Perhaps you've already seen our review of the Dotti LED display from Witti Design. Meet Notti, Dotti's "sibling". Notti is a softb ...

Seagate Personal Cloud (2-Bay)

When it comes to backing up files, many users are now looking to the myriad of cloud storage solutions available. There is no doubt th ...

Leitz Icon Label Printer

When you say the words "label printer" to people, they either just really don't care, or they get incredibly excited. This is one o ...

toggle

Most Commented