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Another iPhone 3G lawsuit filed against Apple, AT&T

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By Charles Starrett

Contributing Editor
Published: Tuesday, September 23, 2008
News Categories: iPhone

Yet another lawsuit has been filed against Apple and AT&T over the iPhone 3G, alleging “deceptive, improper or unlawful conduct in [Apple and AT&T’s] design, marketing, manufacturing, distribution, and sale” of the iPhone 3G. The Class Action complaint, filed in New York Eastern District Court by Jai Sen, cites numerous issues relating to Apple’s latest handset, including hairline cracks in the housing, 3G power demands and AT&T’s struggle to respond to the resulting demands on its infrastructure, and misleading advertising. This suit is at least the fourth such complaint filed against Apple and/or AT&T over problems with the iPhone 3G; the suit is seeking restitution, damages, and disclosures and/or disclaimers to be added to packaging and advertisements for the iPhone 3G.

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Comments

1

Ok, I can see a suit about 3G performance (or lack thereof) and misleading advertising, but how are hairline cracks in the housing “deceptive, improper or unlawful conduct”?  Poor design perhaps, but deceptive/improper/unlawful?  I also fail to see how 3G power demands fit in (does the device fall significantly short of Apple’s advertised run times?).

Posted by Dyvim on September 23, 2008 at 11:26 AM (PDT)

2

Perhaps I have yet to experience whatever shenanigans these litigious 3G owners are complaining about, but I would like to state for the record that since purchasing my white 16 gig in July I have been nothing short of completely happy. My minor complaints are two things which were never promised to me to begin with: I can’t edit Word docs and I cannot text or respond to emails in the “Mail” function with the keyboard turned horizontally. Other than that, I truly believe calling this an iPhone doesn’t do it justice. It’s an iAwesome. The service plan is a little pricey but nothing outrageous for all the bells and whistles that come with it.

Posted by Btek on September 23, 2008 at 1:14 PM (PDT)

3

I’m just shaking my head on this. Common’ ladies and gentlemens. .... as if there is nothing else to worry about.

Posted by dennis on September 23, 2008 at 1:22 PM (PDT)

4

“... as if there is nothing else to worry about.”

Maybe the plaintiff is using this as an economic stimulus package or possibly using the funds to help support the war in Afghanistan and Iraq?

Posted by Jordan on September 23, 2008 at 1:59 PM (PDT)

5

What’s deceptive, improper or unlawful with the manufacturing, distribution or sale of the iPhone? Is there lead in the silver paint? Were the proper tariffs not paid upon importing? Did Apple associates employ the “bait and switch” with customers walking in wanting a Shuffle but left with an iPhone?

This hurts those that have valid issues, but maybe there will be enough “restitution” to go around. Ridiculous.

Posted by Gary on September 23, 2008 at 2:12 PM (PDT)

6

Lawyers!  (Rolling eyes)

More money!  MORE!

Posted by Mark on September 23, 2008 at 2:34 PM (PDT)

7

My iphome is so great, it does more then i ever expected. O crap, the battery doesn’t last as long i want it to, think i will sue.
Those people better a life, and any attorney that would take a case like that should lose his license.

Posted by Larry McKinnon on September 23, 2008 at 4:47 PM (PDT)

8

I am kinda on the wall on this whole lawsuit thing. While I think thre are some problems and I was really upset with my Iphone.  I have been able to fix almost all of the issues I have had. Itunes 7.7.1 was giving me problems rolling back to 7.7.0 fix it. I have done other things like this to fix issues. I think that some of these people with the lawsuits think they shouldn’t have to deal with doing stuff like this or they don’t know how. I think something we tend to forget is, alot of people just don’t know how to fix there own issues and don’t feel they should have to pay to do it.
My Iphone does live up to most of what I want from it, but I do still have some issues.  Will they getting taken care of only time will tell
Shameless1

Posted by Shameless1 on September 23, 2008 at 5:52 PM (PDT)

9

That’s why you don’t buy phones when they first come out. They all have bugs in them cuz the companies are pressuring them to get it out without being 100 percent complete. Be patient and I agree with Shameless1.

Posted by Patience on September 23, 2008 at 6:39 PM (PDT)

10

My thoughts?  This type of action is ultimately a GOOD thing for the consumer.

#9 is correct with regard to products (particularly in the field of technology and software) being released as ‘incomplete’ or without complete testing. With that being the case, corporations should not be free to make inaccurate or untrue claims which lead to consumers being unhappy with their purchase.

The law should indeed be used to protect consumers. #6 seems to negatively highlight the role lawyers play in this but why not roll your eyes at Apple too? Dont’ forget, Apple wasn’t formed to create ever-more magical devices to please gleefully thankful customers. They exist primarily to make more and more money. They’re in it for the dollar as much as any other company and are no different simply because they produce a product people think is cooler than the gas in their car or wheat in their bread.

Posted by SenseOfPerspective on September 24, 2008 at 4:48 AM (PDT)

11

Hey, don’t you think that a few sleazy lawyers initiated that (We will sue those guys for… and we will get our money (k’s or mil’s) and you - consumer - will get your $15…. ) It might be GOOD thing for the consumer (I doubt it), definitely good for the lawyers. Let’s face it: We, people, are not perfect… Our gadgets are not perfect as well… Battery life… Screen ... etc.
Let’s have a COMMON SENSE!

Posted by Alex on September 25, 2008 at 6:14 PM (PDT)

12

folks, this is not like building a box where you can fully test it before you release it. every user is different, every area is different. if apple and att tried to test for every conceivable setup the phone would never be released.
apple and att are trying to fix the problems. so folks need to cut them some slack. if they had released the phone and just told folks to get the F over it and never updated the software, etc that would be different.

Posted by lucas on September 26, 2008 at 1:05 PM (PDT)

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