Apple, AT&T sued over iPhone 4 antenna problems
Another law firm claims it has received inquiries from more than 1,400 frustrated owners
Computerworld - Just six days after the iPhone 4's launch, a pair of Maryland residents sued Apple and AT&T, alleging that the smartphone's defective antenna design drops calls and can't hold a strong signal.
The lawsuit, filed in federal court in Maryland, claims that Apple knowingly sold defective phones and broke its warranty promises. The lawsuit also levels seven additional charges against Apple and AT&T, including general negligence, deceptive trade practices, fraud and misrepresentation.
Kevin McCaffrey and Linda Wrinn each pre-ordered a new iPhone from AT&T on June 15, but after receiving their phones on June 24 and 28, respectively, they experienced dropped calls because of the device's antenna design, the suit alleges.
"Plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used," reads the lawsuit. "Plaintiffs are unable to return the phone without incurring a substantial restocking fee."
The lawsuit seeks class-action status, a move that if granted would allow any U.S. iPhone 4 owner to join the case.
McCaffrey and Wrinn are represented by attorneys with Ward & Ward PLLC, a Washington law firm, and Charles A. Gilman LLC of Timonium, Md.
Their lawsuit is the first stemming from complaints about substandard iPhone 4 call reception, which started last week when the new phone reached users. Almost immediately, owners reported that their phones would lose a signal, or that the signal indicator would show a weakened signal, when the smartphone was gripped in a certain way, especially if it was held in the left hand.
Hardware experts believe that holding the iPhone can bridge the two antennas embedded in the steel band that encircles the device, lowering signal strength and changing their ability to receive and transmit signals at the designed frequencies.
McCaffrey and Winn's lawsuit cited several of the accounts on the Internet of the reception problems, as well as e-mailed statements allegedly made by Apple CEO Steve Jobs to users and a leaked script for Apple support technicians that ordered them not to offer warranty service for the flaw.
The suit demands that Apple and AT&T pay compensatory and punitive damages, and that Apple be barred from selling more iPhone 4s until it has "repaired the design and/or manufacture defect."
This lawsuit will likely not be the last. Last Monday, Sacramento law firm Kershaw, Cutter & Ratinoff began soliciting potential plaintiffs who had experienced poor reception for a class-action case. Tuesday, the firm said it had received more than 1,400 e-mails from iPhone 4 owners interested in joining a lawsuit.
"Thousands of people are really unhappy with their new iPhones and Apple's response to the antenna issue," the law firm wrote on its blog.
- Apple will 'set the world on fire' with iPhone 6 sales
- The other Apple economy: $2B in devices on eBay
- Apple sends users scrambling for OS X Yosemite
- Apple grows Mac sales by 18% on the back of the MacBook Air
- What to listen for during Apple's earnings call today
- Timeline: How Apple's iOS gained enterprise cred
- Apple and IBM: A winning combo for IT
- IBM and Apple ties go way back
- Apple quickly counters China claim of iPhone spying
- China calls the iPhone and iOS 7 threats to national security
- The Elephant Herd in the Room: Why Other Enterprise VoIP Providers Don't Like to Talk About Compliance, Security and Reliability There's an elephant in the room. A whole herd of elephants, in fact. When it comes to compliance, security and reliability, the silence...
- SANS: Next-Generation Datacenters = Next-Generation Security This whitepaper takes a look at some new technology that may allow security teams to implement more flexible and capable protection models in...
- SANS: Protecting Virtual Endpoints with McAfee Server Security Suite Essentials SANS review of McAfees Server Security Suite Essentials that address some of the emerging challenges of securing virtual platforms and cloud environments.
- Safeguarding the Next-Generation Data Center Use of virtual and cloud servers has exploded. Unfortunately, security often lags behind. McAfee recommends looking at innovative solutions in order to erect...
- Is SQL Server AlwaysOn really as powerful? Tips and Tricks from the field With the introduction of AlwaysOn, Windows Clustering Services is now more critical than ever.
- What Does it Take to Deliver a Superior Customer Experience? The Two Top-Rated Online Retailers, B&H Photo and Crutchfield Electronics, Share Their Secrets Discuss practical CX tools and service methods such as contact center agents and the use of realtime speech analytics to help contact center... All Regulatory Compliance White Papers | Webcasts