Skip the navigation
News

Second lawsuit filed over iPhone battery replacement

Suit questions whether Apple kept battery information from early buyers to boost sales

By Matt Hamblen
August 17, 2007 12:00 PM ET

Computerworld - A second class-action lawsuit argues that Apple Inc. and AT&T Inc. failed to tell early buyers of the iPhone that annual fees of more than $100 would be needed to replace the iPhone battery and maintain service.

Filed Monday in U.S. District Court for the Northern District of California by Sydney Leung on behalf of a group that could reach into hundreds of thousands of iPhone users, the suit seeks more than $5 million in compensatory and punitive damages. A court conference on the matter was set for Nov. 28.

The nine-page complaint was filed on behalf of Leung by Oakland-based attorney H. Tim Hoffman, and argues that Apple and AT&T committed fraud by not fully informing customers about the costs and procedures for replacing the battery. The complaint argues that the battery "must" be replaced after 300 charges, anticipating a replacement at one year or less by a qualified technician, since the battery sits inside a sealed compartment.

A similar class-action suit was filed by Jose Trujillo of Melrose Park, Ill., in federal court in Cook County, Ill., in July.

Leung purchased two iPhones for $599 each on June 29 in San Francisco, the first day they went on sale, and was required to agree to a two-year service plan with AT&T. Leung "was not informed at the time of purchase of the costs and procedures for replacing the battery," the suit says. The suit seeks answers to whether Apple and AT&T "should have known that the time and expense of replacing the iPhone battery would affect initial sales of the iPhone."

Apple did not respond immediately to the lawsuit, and AT&T said it would not comment.

In its defense, however, Apple has stated on its Web site that the lithium-ion battery when properly maintained will hold up to 80% of its full charge at 400 charge and discharge cycles.

Also, Apple covers replacement of the battery for a full year and also has a protection plan for $69 for two years of repair coverage for the iPhone, including the battery.

Replacing a battery out of warranty costs $79, plus $6.95 for shipping.

In early July, a consumer watchdog group, the Foundation for Taxpayer and Consumer Rights, urged Apple to spell out its battery replacement policy for prospective buyers.

Read more about Mobile and Wireless in Computerworld's Mobile and Wireless Topic Center.



Additional Resources
Forrester Consulting - Optimizing Users and Applications in a Mobile World
WHITE PAPER
Solving application issues over the WAN requires careful consideration. Based on their independent research, Forrester Consulting offers recommendations on how to tackle application performance issues, insufficient bandwidth and the inability to quickly restore users in a disaster.

Read now.

Security KnowledgeVault
WHITE PAPER
Security is not an option. This KnowledgeVault Series offers professional advice how to be proactive in the fight against cybercrimes and multi-layered security threats; how to adopt a holistic approach to protecting and managing data; and how to hire a qualified security assessor. Make security your Number 1 priority.

Read now.

Cut Communications Costs Once and for All
WHITE PAPER
New IP-based communications systems are being deployed by small and midsized businesses at a rapid rate. Learn how these organizations are enabling faster responsiveness, creating better customer experiences, speeding office or mobile interactions, and dramatically reducing existing communications costs.

Read now.

Mobile and Wireless White Papers
Digital Transformation: Creating New Business Models Where Digital Meets Physical
Individuals and businesses alike are embracing the digital revolution. Social networks and digital devices are being used to engage government, businesses and civil...
Empowering Your Mobile Worker
Today's most productive employees are mobile, and your company's IT strategy must be ready to support them with 24/7 access to the business...
An Interactive Guide: Bring Your Own Device
BYOD presents significant security and management challenges to IT departments who want to take advantage of the trend, but still protect corporate assets....
Calculating ROI for Mobile Client Acceleration
As mobile devices continue to expand in business use, ensuring these devices have optimal performance is becoming an IT imperative. This EMA paper...
Tablet Computing Without Compromise
This paper provides an overview of how and why that migration-from any old tablet to Windows tablets-came to be.
All Mobile and Wireless White Papers
Mobile and Wireless Webcasts
Live Webcast
North Pole to South Seas: Overcoming the Pitfalls of remote Performance
In today's always-on world, connectivity is a business requirement. You need the tools that allow you to operate as if you were on...
Supporting Mobile Productivity With A Limited IT Budget
Join us and hear from Kaseya mobile IT management experts as we discuss core strategies for supporting the mobile revolution on a shoestring...
North Pole to South Seas: Overcoming the Pitfalls of remote Performance
In today's always-on world, connectivity is a business requirement. You need the tools that allow you to operate as if you were on...
Unified Communications 101
What's the best way to implement a unified communications solution for your organization?
QNX® and BlackBerry® PlayBook™ Tablet.
RIM's multi-processor, multi-tasking BlackBerry PlayBook runs a new Tablet OS powered by QNX, a bullet-proof microkernel operating system. This track will take a...
A Close Look at Tablets
Learn More
All Mobile and Wireless Webcasts
Newsletter Sign-Up

Receive the latest news test, reviews and trends on your favorite technology topics

Choose a newsletter
  1. View all newsletters | Privacy Policy
IT Jobs