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http://www.macnn.com/articles/09/02/04/two.new.iphone.lawsuits/

Two new lawsuits add to iPhone 3G data complaints

updated 10:15 am EST, Wed February 4, 2009

 

Two new iPhone lawsuits


Apple is facing another two lawsuits connected to the iPhone 3G, reports say. In Florida, Onel Gonzalez and Ron Brayteson have filed a class-action lawsuit, accusing Apple of providing inadequate 3G reception. The pair make reference to a story from Sweden's Ny Teknik, also cited in a Texas suit from last week, which suggests that many iPhones are not sensitive enough to 3G broadcasts and are creating more problems by boosting their output.

The same evidence is used in this week's second class-action suit, filed by Timothy Ritchie of New Jersey. The Jersey and Florida cases also cite a number of blog and forum posts, describing user frustrations with intermittent or non-existent 3G reception; without 3G broadband, many of the data functions possible on an iPhone become impractical or unusable.

The suits ultimately accuse Apple and carrier AT&T of falsely marketing flawed devices, not only in terms of cellular performance but because of hairline cracks forming around areas such as the camera lens and volume controls. In compensation the plaintiffs are demanding statutory, compensatory and punitive damages with interest, the restitution of illicit profits, and an injunction against any misleading advertising.

Apple has been continually bombarded with lawsuits since the first weeks of the iPhone 3G, primarily over 3G networking issues. None of the cases have so far been resolved, at least publicly, and some have suggested that 3G issues may be attributable to oversaturated networks and/or the inherent limitations of current 3G technology.


by MacNN Staff

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Comments

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -3

    see

    This is what happens when you demand complete and total control over sales and advertising.

    If they just sold the phones through AT&T like everyone else, it would be AT&T getting sued over fun stuff like this.

    Well, except for the throw-in stuff like hair-line cracks. Now, I know they threw that in to try to add as much 'substance' to the case, but can you can sue over hair-line cracks? If it doesn't affect use or performance or anything else (except looks), how is it an issue? And you have to prove it is defective, not just that it isn't pristine.

    And I've got a ton of plastic c*** in my house that has cracks in it. I should sue those people!

  1. manleycreative

    Fresh-Faced Recruit

    Joined: Sep 2005

    +1

    r***** alert

    OM Effing God!

    Take the Effing phone back and demand your money back!

    Wow, I can't wait for my Effing $25 when this lawsuit is complete. lol.

  1. rytc

    Senior User

    Joined: Jan 2001

    +3

    Poor network

    I would chalk this up to poor infrastructure in the US meaning the 3G network which was installed many years ago elsewhere in the world has to play catch-up. At&T are struggling to meet demand on a network that should have been fully set up years ago.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -3

    Re: Poor network

    Of course the network is poor. That's part of the complaint.

  1. ctt1wbw

    Mac Elite

    Joined: Jan 2001

    +3

    People are idiots

    Apple is not in the cell phone providing service. They are not responsilble for getting a signal to and from your phone. They make the phone. Holy c***, people are idiots.

  1. Paul Huang

    Dedicated MacNNer

    Joined: Sep 1999

    -1

    Who is the idiot?

    Apple is not a cell phone service provider, but the fact that they are profiting from it handsomely, it brings them into the loop. It's called the accomplice in the total crime package.

    So who is the idiot? Think again.

  1. Athens

    Addicted to MacNN

    Joined: Jan 2003

    +2

    HOLLY COW

    Americans are pathetic, really pathetic. Why is it that these 3G problems are only in the US. The dam phone is in dozens of countries with no issues including Canada which is just as behind as the US. Why because AT&T sucks. Unless Apple is making a totally different domestic phone then its not Apples fault. I have 3G service 99% percent of the time, the only times I lose it is if im deep underground in a parking lot or leaving the city for the bush. I get fast, I mean super fast reliable service with it. There is nothing wrnog with the phone. Its all about the Network. Perhaps Apple should buy AT&T with all that cash so the law suits can make more sense.

  1. ctt1wbw

    Mac Elite

    Joined: Jan 2001

    +2

    Athens

    Yes, in general Americans are idiots. I live here, I'm an American, but I have been to about 15 or so foreign countries. So yes, in general I think Americans are idiots. The person is smart, the peopel are idiots. Just like if I decide to sue Dell because my internet connection is down. According to the genius above me, that's called an accomplice in the total crime package. Been watching too much Law and Order?

  1. Paul Huang

    Dedicated MacNNer

    Joined: Sep 1999

    -1

    Paul Huang

    I am no genius. Although I worked in one of the network stations, I do not watch television.

    When Apple and AT&T have a joint venture to provide a tie-in on hardware and unusable network, both are liable for lackluster performance. Why? Apple is a direct beneficiary of deceitful practices by AT&T and Apple itself. If Apple sells the phone for $800 each and then you are free to choose the provider, the sole responsibility of non-performing service is on the network provider itself.

  1. bitchinbob

    Fresh-Faced Recruit

    Joined: Feb 2009

    +3

    People are idiots

    If you don't like the phone, DON'T BUY IT.
    If you really want it, but think there might be problems, wait until the reviews come out.

    The only idiots who benefit from these class action suits are the lawyers.

    People need to start taking responsibility for their own actions. What a spineless bunch of losers we've turned into as a country.

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