Apple sued over iPhone 3G problems | iLounge News


Apple sued over iPhone 3G problems

Apple has been sued for failure to live up to its iPhone 3G performance claims. Plaintiff Jessica Alena Smith filed a federal lawsuit against the company in U.S. District Court in Alabama, alleging that despite Apple’s claims that the device is “twice as fast,” it is slower than advertised and prone to dropping calls. “Apple sold these devices on the promise that they were twice as fast as the pre-existing phones and that they would function suitably, or properly, on the 3G network. But, thus far, Apple and the phone have failed to deliver on this promise,” said Jonathan Kudulis, an attorney with the Trimmier Law Firm that is representing Smith. In her filing, Smith seeks class action certification to represent additional iPhone 3G purchasers.

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Well that otta get Steve’s attention!

Posted by Mark on August 21, 2008 at 8:55 AM (CDT)


We are really in a sue happy world, it’s ridiculous. No wonder companies are constantly going bankrupt, it’s because of people like this.

Posted by Shan on August 21, 2008 at 9:37 AM (CDT)


This is why we only see “bug fixes”.  Less ammunition for the greedy!

Posted by youngjm on August 21, 2008 at 9:49 AM (CDT)


I just had my original iPhone 3G replaced at the Apple store last night.  The Genius ran a diagnostic and confirmed exactly what I’ve been saying all along…that I was dropping calls (in NYC/Northern NJ) at a pace of about 40%.

I’ve been trying to restore my new iPhone 3G since about 9PM last night.  First my iPhone got locked into the reboot screen.  Once that was resolved I got stuck in an endless loop of restoring from a backup.  Then I got my iPhone working (kinda’ sorta’) in the sense that I had email, contact and could make calls, but all non-native apps crasehd immediately and all content failed to synch.

I finally am at the point where I have everything working except for my content.  Now…all of a sudden…my pc keeps rebooting every time I attempt to synch.

Apple has forgotten what brought them success.  The reason the iPod was so popular was because it JUST WORKED, unlike the competition on the MP3 market at the time.  The exact opposite is true of the iPhone.

Ugh…I am so sick of this.  Someone tell me where to sign up for some of that class action goodness.  I really want to take a bite out of Apple right about now.

Posted by Dave G on August 21, 2008 at 9:55 AM (CDT)


You have got to be kidding me. Is this persons life so void of any worry or care that she has to instigate an absurd lawsuit like this to add some interest to her life?  If the iPhone 3g isn’t living up to her expectations she should have returned it within the first week and gotten a different device. Sure there are some things I would have liked to see included with the new iPhone, but I am not going to sue over it.  Completely baffled over this!

Posted by Dre on August 21, 2008 at 9:58 AM (CDT)


What a joke.  She had a month from the date of purchase to decide that the service wasn’t up to snuff, during which she could have returned the phone and gotten out of her contract.  But she didn’t.

My guess is that Apple will:

a) provide evidence that the hardware is capable of what is advertised, citing hardware specs and expert testimony

b) provide evidence that the 3G service provided by AT&T;is capable of what is advertised, and even if it’s not, that’s AT&T;‘s problem, and not Apple’s

c) offer Smith a one-time chance to settle out of court: return the iPhone for a full refund and be released from her contract.  She really can’t hope for anything more than that.

Posted by Andy S. on August 21, 2008 at 10:01 AM (CDT)


“She really can’t hope for anything more than that.”

I read another article that said she was hoping it becomes a class action suit.  So she is hoping for more than that.  Revenge!

Posted by Yorp on August 21, 2008 at 10:44 AM (CDT)


Let’s hope that this puts some pressure on Apple. They have stated that 2.0.2 should fix the 3G reception issues, but clearly it doesn’t.

I really hope that Apple can get its act together. The iPhone 3G is just having too many issues, hardware and software. The thing I hate most is that Apple is clamming up. They should just admit what’s wrong and let us know when we can expect a fix and especially let us know what the fix is for.

Posted by Rogier on August 21, 2008 at 11:02 AM (CDT)


she did exactly what she should do - i know i’m tired of being a beta tester for apple and micorosft.

i will join in the suit.

Posted by ike botnick on August 21, 2008 at 11:35 AM (CDT)


Hi i’m in the UK and i think the new iphone is rubbish.
I can’t even get the finder in maps to work?
I want to sue them too.
Why don’t we start a suit on here right now then put it forward !

Posted by Scott on August 21, 2008 at 11:48 AM (CDT)


This is the most ridiculous thing I’ve ever read. Just return the phone if you’re not happy with it. What a money and time killer. Really, Jessica Alena Smith, get a life. I wonder what you would do if something REALLY tragic happened in your life. Next she’s gonna sue Burger King cuz the burger wasn’t “Flame broiled” enough. Some people have nothing better to do. Sheesh!

Posted by ron on August 21, 2008 at 11:58 AM (CDT)


@ike:  Amen brother.  I actually do software quality assurance testing for a living.  The last thing I want is to have to do it during my off time…especially when I’m the one paying for the product/service.

If Apple is really that hard up for competent testers I’d be happy to provide them with my hourly and weekly rates.

By the way, I am STILL attempting to complete a full synch on my new iPhone.  I’ve been at it since 9PM last night.  Thus far, after getting past a number of obstacles, iTunes continues to reboot during sych.  I’ve performed three synchs and I’m only up to artists starting with the letter ‘F’ in, I am SO tired of this F-ing garbage.

Posted by Dave G on August 21, 2008 at 12:04 PM (CDT)


C’mon, people!  give the sue-happy lady a break!  after all, she’s from backwards Alabama and WTF common sense does she have? *insert sarcasm here*.  totally agreed…  she had a whole month to return.  if you have a problem with the iPhone, BE effin’ patient and return it.  if it’s still a brick, return it indefinitely, get your gawddarn money back and go with another phone!  you are the consumer and you have the power.  jeezus!!!

Posted by phongsta on August 21, 2008 at 12:27 PM (CDT)


The only thing I am surprised about is-what took so long? That’s not an endorsement, just figured this would have happened sooner. If it wasn’t an individual seeking “reparations”, I imagine there were plenty of lawyers out there seeking a puppet (client) to put forth a waste of paper and time like this.

Posted by Jordan on August 21, 2008 at 12:36 PM (CDT)


My dropped calls are non-stop…... the newest thing is my phone going crazy and being unusable for hours

Posted by Whitney on August 21, 2008 at 1:37 PM (CDT)


I guess I’m completely out of the loop. I work in a 4-person office where there are two 3G iPhones and one original 4GB. We do the same stuff as most others do, including using maps, 3G, loading tons of apps, etc., and with no problems whatsoever using 2.0.2.
Are we isolated users or what?

Posted by RNB on August 21, 2008 at 1:57 PM (CDT)


iWonder how Apple is going to get out of this iSuit. LOL

Posted by LedZepfan94 on August 21, 2008 at 2:26 PM (CDT)


@ RNB in Bakersfield, CA

i’m in the same “isolated” boat as you are.  no problems with 2.0, 2.0.1 (except that 3G wasn’t sticking and transition to EDGE was slow), and 2.0.2.  2.0.2 fixed the slow transition from 3G to EDGE to a quick EDGE switch.  unlike most people, i’ve had really good luck and operation as well as call quality.  i RARELY get dropped calls either.  must be the QC after the initial launch.  my other friends and colleagues with iPhone 3G’s do not seem to have any issue either.  3G is perfect in my neighborhood and work (and i live in San Francisco, CA where there are lots of connection issues). 

the big question is - the people that have issues, did any of you jailbreak your phones???

Posted by phongsta on August 21, 2008 at 2:57 PM (CDT)


Evidently, most readers don’t understand the point of class action lawsuits. This kind of litigation is meant to exact real consequences for irresponsible business practices. If the iPhone 3G truly is defective by design, or its capabilities have been systematically misrepresented by Apple, the company has no incentive whatsoever to intensify its quality assurance processes and put a leash on its overzealous/overeager marketing department if the only possible penalty is the cost of refunding/writing-off a few thousand iPhones.

I have also read commentary from users clinging dearly to the theory that AT&T;is mostly to blame for 3G reception issues. As iLounge reported earlier, several overseas cellular providers with no business connection whatsoever to AT&T;have stated that iPhone 3G data connection issues are unequivocally device related.

Posted by ML on August 21, 2008 at 4:19 PM (CDT)


ML makes salient points. Apple’s marketing claims and its product engineering are not executed in a vacuum; just as people are to be held accountable for their words and actions, a corporation bears the same responsibility. Apple may ultimately not be liable for any wrongdoing or misrepresentation here, but unfortunately it requires a consumer to put this in motion.

I understand and respect the sentiments of so many regarding our society’s predilections toward litigating, but we are also a society that grants very long leashes to corporations that earn astronomical revenues at our collective expense. Some argue that in this free-market scheme, the consumer ultimately has to decide whether to buy or to not buy, but if that decision is subject to falsehoods or exaggerations by the vendor, shouldn’t that vendor face the music if those claims are incorrect or misleading?

It’s all to easy for us to sit here and say, “Well, my iPhone works just fine, so that lady must be crazy and/or stupid.” Personally, I do think it’s a stretch for someone to take an issue like this to court, and I am both an iPhone owner/user and an attorney. That being said, I certainly won’t adopt a holier-than-thou attitude when someone elects to hold an entity responsible for its business practices. Maybe I’m in the minority, but I don’t think that there’s anything inherently wrong with ensuring that the gulf between producer and consumer doesn’t get any wider or deeper.

Posted by Flippy Hambone on August 21, 2008 at 5:29 PM (CDT)

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