Apple sued over iPhone 3G problems | iLounge News

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.

« Bose intros SoundDock Series II for iPod and iPhone

Mix: Casio, China and iTunes, 2.0.2, iPhone photos »

Related Stories

Comments

21

I hate lawyers and lawsuits but this one is justified.  If Jobs would open his month and at least admit there is a problem and reassure his customers that a solution is being worked on, I am sure people would sit tight.

I for one do not like the silence Apple always has, the updates that give no clue as to whats being updated and just the arrogant attitude.

Apple is the one who makes commercials bashing PCs and then cant deal with the high standard they are held up to.  They put themselves on this pedestal, now they have to back it up.
Its shameful how they handled this.  Maybe the “geniuses” should take a course on customer service.

It appears the only way to get action from Apple is through their wallet.

Posted by wildgod on August 21, 2008 at 6:04 PM (CDT)

22

where do i sign up?sure51

Posted by Pissed Off on August 21, 2008 at 11:23 PM (CDT)

23

No my phone is NOT hacked in any way and I live in Los Angeles…. I dropped a phone call three times yesterday…..

Posted by Whitney on August 22, 2008 at 3:38 PM (CDT)

24

The only reason I left Sprint, which is an A+++ network, is because the iphone does conference calling, which unfortunately none of Sprint’s phones do. I have on the average 7-10 dropped calls a day..for no apparenrt reason, as I often have all bars. As to the claim of “More bars in more places” this is totally BS. Here on Oahu, ATT’s network is about 60% of Sprint’s. As soon as Sprint makes a phone that can conference call, I will be right back with them. BTW, ATT’s customer service is equally as bad as their dropped calls. AS for joining the suit-if it becomes a class action, I will too , because ATT and Apple need to get their shit together. They should charge us less for being the beta testers for them. Maybe a class action law suit will get their attention.

Posted by Blues Revenge on August 23, 2008 at 4:17 PM (CDT)

25

Well, if she isn’t happy, just return it…

Posted by mikk on August 23, 2008 at 5:07 PM (CDT)

26

You guys calling for a class-action suit actually ever seen the results of one?  Get ready for the law firm to walk away with 10’s if not 100’s of millions, and you will get a $10 coupon to the iTunes App store.  Its not like you will win a cash award.  Whatever the spoils are from the class-action suit its spread across all people affected ie: say 10 million 3G iPhone purchasers, and 1 law firm.  Who really is the winner at that point?  If you do not like the product, take it back, if the product blew up in your pocket, killed your dog, poisoned your back yard to the point your kids can’t play in it any more, suit.  If you don’t like dropped calls, take the phone back, get a different phone.  3 years ago my wife went through 4 different Moto, and 3 Samsung phone models before we found one that would pick up signal strong enough in her high rise office building.  Did we suit because the 6 previous phones did not technically work where the 7th did?  No.  Stop suing companies over things like this, it just fills the courts with cases that could better be served for ones where real injustice is happening.

Posted by Brian James on August 24, 2008 at 8:46 PM (CDT)

27

Brian James wrote:

“You guys calling for a class-action suit actually ever seen the results of one?  Get ready for the law firm to walk away with 10’s if not 100’s of millions, and you will get a $10 coupon to the iTunes App store.  Its not like you will win a cash award.  Whatever the spoils are from the class-action suit its spread across all people affected ie: say 10 million 3G iPhone purchasers, and 1 law firm. “

All that you’ve said is true, but like many other posts here, it misses a major point: the legal basis for punitive damages, at least in principle, is to deter defendants from engaging in willful misconduct or negligence. Taking a big bite of Apple will deter Apple no more, and no less, whether one lawyer swallows it in one gulp or spits it out equitably among disgruntled iPhone 3G users.

I don’t dispute the fact that it’s patently unfair that injured parties (i.e. plaintiffs) in successful class actions often see less than the attorneys who prosecute them. Even so, there are other motivations for joining in a class action suit than the prospect of financial gain.  If the facts of the case ultimately support this plaintiff’s contention that Apple went to market with a defective product or made false or at least unsubstantiated marketing claims, what’s to stop Apple from repeating these transgressions in the future? Writing off thousands of defective iPhones will not make the faintest blip on Apple’s P&L;. It’s the cost of doing business so far as Apple’s concerned.  If a write-off is the only consequence, there’s no reason for Apple to distinguish between bad business and business as usual.

As a zealous Apple enthusiast, I have always clung dearly to the notion that one of many ways in which Apple outshines Microsoft is its commitment to its customers. At some point (at the advent of the 4G iPods or thereabouts), Apple’s attitude toward its existing customers seems to have changed. In the early days of the iPod, firmware updates were issued regularly to fix bugs and added significant new features to existing iPod models, and “Existing model” included models that were more than 2 years old. It was nice, but there was/is less money in that than compelling customers to buy a new iPod to sidestep the bugs, or avail themselves of a feature theoretically implementable on an existing model (gapless playback in my case).

We love our iPods and iPhones so we grin and bear it. We are not so much rewarded for our loyalty as abused. We’re the little people, but we defend Apple like a lost puppy: it’s an unusual, and by most accounts completely backwards, fiduciary relationship that exists between Apple and its customers. I am not convinced that Apple has done anything actionable here. Regardless, since it has little to fear from the press, and virtually nothing to fear from its fans, litigation might be the only answer if the allegations turn out to be true.

Posted by ML on August 25, 2008 at 12:24 PM (CDT)

Page 2 of 2 pages  < 1 2

If you have a comment, news tip, advertising inquiry, or coverage request, a question about iPods/iPhones/iPad or accessories, or if you sell or market iPod/iPhone/iPad products or services, read iLounge's Comments + Questions policies before posting, and fully identify yourself if you do. We will delete comments containing advertising, astroturfing, trolling, personal attacks, offensive language, or other objectionable content, then ban and/or publicly identify violators.

Commenting is not available in this channel entry.
Sign up for the iLounge Weekly Newsletter

Email:

Recent News

Recent Reviews

Recent Articles

Sign up for the iLounge Weekly Newsletter

Email:

iLounge is an independent resource for all things iPod, iPhone, iPad, and beyond.
iPod, iPhone, iPad, iTunes, Apple TV, Mac, and the Apple logo are trademarks of Apple Inc.
iLounge is © 2001 - 2014 iLounge, Inc. All Rights Reserved. Terms of Use | Privacy Policy