updated 03:25 pm EDT, Fri March 20, 2009
NJ iPhone speed lawsuit
Apple and AT&T are the subjects of another lawsuit involving speeds on the iPhone 3G, reports say. A case on behalf of Damone Dickerson has been filed in the US District Court for New Jersey, accusing Apple of misrepresenting the speed and quality possible with AT&T's networking and the iPhone. In practice, Dickerson's documents claim, 3G access has only been available to him for a fraction of the time, and is neither full nor continuous; in many cases 3G is not even an option, the filings read.
Specific complaints in the suit include negligence, unjust enrichment, breach of contract, breach of express warranty, negligent misrepresentation, breach of implied warranty of merchantability and a violation of the New Jersey Consumer Fraud Act. Dickerson is requesting compensatory, statutory and punitive damages, as well as a change in Apple and AT&T's marketing.
Apple has been hit with numerous such lawsuits in the past, in states such as Alabama, California, Florida, Texas and New York. Though none have been resolved, some reports have suggested that poor 3G performance is attributable to oversaturation linked to the inherent nature of the technology. Others have proposed that the iPhone is too aggressive in demanding bandwidth.