iPhone 3G owner sues Apple over dropped calls, slow speeds
Alabama woman takes iPhone complaints to next level, demands class-action status
Computerworld - An Alabama woman filed a lawsuit yesterday against Apple Inc., claiming that the company's iPhone 3G drops calls, has trouble connecting to AT&T Inc.'s network and is slower than advertised.The suit also seeks class-action status, according to papers filed with a federal court. Dubbing the phone as "Defective iPhone 3G" throughout her lawsuit, Birmingham resident Jessica Smith charged Apple with breach of express and implied warranty, and failing that, unjust enrichment. Apple's advertising blitz was misleading, the lawsuit claims. "Defendant intended for customers to believe its statements and representations about the Defective iPhone 3Gs, and to trust that the device was 'twice as fast at half the price,'" the lawsuit said. Apple's marketing continues to use that phrasing. On the iPhone section of Apple's Web site, the headline reads "Twice as fast. Half the price." Smith's specific charges would be familiar reading to any user who has skimmed the complaints posted on Apple's support forums. "Immediately after purchase, Plaintiff soon noticed that her Internet connection, receipt and sending of e-mail, text messages and other data transfers were slower than expected and advertised," the lawsuit said. "The Defective iPhone 3G appeared to connect to the 3G standard and protocol less than 25% of the time. Additionally, Plaintiff experienced an inordinate amount of dropped calls," the lawsuit said. Apple customers started complaining about 3G network problems within days of the iPhone's July 11 debut. Since then, several thousand messages have been posted to Apple's support forum, detailing difficulties making calls from areas supposedly covered by a 3G network and griping about weak signals, dropped calls and slower-than-promised data download speeds. On Monday, Apple issued an iPhone software update that a company spokeswoman said today "improves communication with 3G networks." Users, however, continued to say otherwise on Apple's support forum, reporting that the iPhone 2.0.2 update did nothing to solve their 3G reception and connection problems. In the count charging breach of express warranty, Smith's lawsuit again touched on Apple's promises. "Defendant expressly warranted that the Defective iPhone 3G would be 'twice as fast' and would otherwise perform adequately on the 3G standard or protocol," it said. "The Defective iPhone 3Gs do not conform to these express representations because they fail to connect and/or adequately maintain a connection to the 3G standard and/or protocol." The lawsuit asked that a federal judge grant the case class-action status, claiming that "the proposed Class contains thousands and perhaps tens of thousands of members." Smith also asked the court to force Apple to repair or replace the iPhone 3G, and award her -- and if the caseis given class-action status, other iPhone owners -- an unspecified amount of money in damages. Apple did not immediately reply to a request for comment.
Read more about Smartphones in Computerworld's Smartphones Topic Center.
- 15 Non-Certified IT Skills Growing in Demand
- How 19 Tech Titans Target Healthcare
- Twitter Suffering From Growing Pains (and Facebook Comparisons)
- Agile Comes to Data Integration
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- HP HAVEn: See the big picture in Big Data HP HAVEn is the industry's first comprehensive, scalable, open, and secure platform for Big Data. Enterprises are drowning in a sea of data...
- What Datapipe customers need to know about the new PCI DSS 3.0 compliance standard This handy quick reference outlines what PCI DSS 3.0 is, who needs to be compliant and how Alert Logic solutions address the new...
- The 12 PCI DSS 3.0 requirements addressed by Peer 1 Hosting This handy quick reference outlines the 12 PCI DSS 3.0 requirements, who needs to be compliant and how Alert Logic solutions address the...
- Defense Throughout the Vulnerability Life Cycle This whitepaper provides insight into how to leverage threat and log management technologies to protect your IT assets throughout their vulnerability life cycle.
- Meg Whitman presents Unlocking IT with Big Data During this Web Event you will hear Meg Whitman, President and CEO, HP discuss HAVEn - the #1 Big Data platform, as well...
- The New Way to Work Knowledge Vault This Knowledge Vault focuses on how, in today's increasingly virtual world, it's more important than ever to engage deeply with employees, suppliers, partners,... All Smartphones White Papers | Webcasts