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Another law firm targets Apple over iPhone 4 antenna

updated 09:10 pm EDT, Thu July 1, 2010

Second firm to pursue class-action filing

Yet another law firm has announced plans to target Apple in a class-action lawsuit over reports of reception issues with the iPhone 4. Carp Law Offices claims the iPhone antenna is defective and Apple is refusing to correct the issue or accept returns without restocking fees or contract penalties.

"Purchasers and users of the Iphone have been falsely induced to buy a product that requires the user to hold the phone in a particular manner in order not to disable the external antenna," Carp says. "Apple is aware of the design defect, but has suggested the only remedy is to hold the phone differently, or to put a rubber shield around the product to prevent the user's skin from blocking cellular signals."

Carp is asking for class-action certification and an injunction to stop Apple from manufacturing any more iPhone 4s until the problem has been resolved. At least one other law firm is attempting to follow a similar route, although it is unclear if courts will allow two parallel class-action proceedings over the same issue.

Apple has defended its new handset, claiming antenna attenuation is common to any wireless device when held in the hand in a certain way. A firmware fix is believed to be on the way, although it may only provide a visual remedy for an extreme drop in bars. Many reports suggest the phone drops calls or searches for service when held with fingers covering the black bands at the bottom sides of the frame.

"The refusal of Apple to accept returns without a stocking fee is an insult to consumers who purchased the phone based on Apple's immense marketing scheme, and even if they are successful in returning their phone, they are still stuck with maintaining a cellular contract with AT&T for two years," Carp concludes.




by MacNN Staff

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Comments

  1. testudo

    Joined: Dec 1969

    +2

    woohoo!

    Pretty soon there'll be more lawsuits than iphones sold...

  1. hayesk

    Joined: Dec 1969

    +1

    Bull

    The iPhone was first sold fewer days ago than the return period. You can still get out of your contract and return the phone without penalty. They're going to have a tough one with this.

  1. ibnabouna

    Joined: Dec 1969

    -1

    No Issues

    I've read a lot about this antenna issue, but as a new iPhone 4 user, I can't say I've experienced this issue. My grip absolutely does not affect signal reception, even inside the house, which was usually a weak area for AT&T.

  1. aristotles

    Joined: Dec 1969

    +2

    Carp? Sounds more like red herring to me.

    Is this a fishing expedition Mr. Carp?

  1. pairof9s

    Joined: Dec 1969

    +3

    It's not a matter of return

    This is not just a matter of returning the phone. In purchasing the iPhone 4, you also set in motion a 2-yr contract as well as abandon your previous service/device.

    How exactly is AT&T handling this? I return the iPhone 4 for a refund but do I get out of the contract too? How quickly can one enable their previous service and at what expense?

    This isn't a pair of shoes you're returning to Wal-Mart, people.

    /

  1. testudo

    Joined: Dec 1969

    -2

    Re: Bull

    The iPhone is supposed to be the greatest device known to man. People don't want to return it! They want it to work!! If they return it, they'll have to go out and get a Droid or a Kin or something, and who wants that!

  1. whackjob

    Joined: Dec 1969

    +1

    Listen

    The reception issue is regional, also the iPhone is fine, EVEN if a bar or two drops it does not mean NO SIGNAL!

    This like most Apple products is just a bandwagon and ambulance chasing opp.
    My phone is fine, no dropped calls since the 24th AND you know what?
    My friends Droid DID drop calls where as I didn't, we have proof too.

    ALL manufacturers have diagrams or FAQ's on how best to hold their devices.
    s**** any law firm and shame on the public for letting an attorney make money we the public will never see.

    How stupid is the consumer today?
    The phone is fine.
    Mine is actually great and the geeks who have these youtube videos are just that , geeks without clue.

  1. bjojade

    Joined: Dec 1969

    +3

    I can't hear conversations...

    When I place my phone in my arm pit, I can't seem to hear people talking to me. I think the speaker is defective. Apple just tells me I'm holding it wrong. I don't want to change what I do. Apple, give me my money back.

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