Existing users, 
Apple and AT&T Facing Multiple Lawsuits Over iPhone 3G
Posted 8 September 2008 @ 6am in News
The first suit seeking class action status was filed on Tuesday by an Alabama woman who alleges that Apple has advertised double the Internet speeds with the iPhone 3G, which, due to a plethora of connection, are impossible to reach.
The complaint was filed on behalf of Jessica Smith of Birmingham, Alabama in the Southern Division in United States District Court in the Northern District of Alabama on August 20, 2008 under case number CV-08-AR-1498-S.
The gist of the suit is that Apple’s marketing campaign is a breach of “express warranty” as it promises “twice as fast” Internet speeds when compared to the original iPhone. As many iPhone 3G users can attest, some iPhone 3Gs indeed exhibit problems on AT&T’s 3G network in areas where other similar 3G devices do not.
The complaint refers to the iPhone 3G as “Defective iPhone 3G” and the suit alleges complaints estimated to be in the “tens of thousands. ”
The suit mentions email, text, Internet, and most other download activities that are considerably slower than Apple promises. It also purports a significantly higher number of dropped calls when compared to other phones when used on the AT&T 3G network, even in areas where AT&T information via maps on AT&T’s website provides a user with the expectation of “excellent” coverage.
The complaint states: “The Defective iPhone 3G appeared to connect to the 3G standard and protocol less than 25% of the time. Additionally, Plaintiff experienced in inordinate amount of dropped calls. ”
The recently released iPhone OS 2.0.2 was intended to fix some of these issues with the iPhone 3G, though user results are mixed. As usual Apple remains silent on both on this lawsuit and other issues surrounding the iPhone 3G.
The second suit alleges that Apple sold the iPhone 3G with promises of fast speeds that never materialized influx of new customers. The complaint filed on behalf of William Gillis in San Diego targets Apple and AT&T and uses Internet reports, news, etc. as the basis for his complaint.
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4 Comments
Posted by Mathue
8 September 2008 @ 9am
“uses Internet reports, news, etc. as the basis for his complaint”
Heh, that suit oughta go far. I wonder if they will call some of these bloggers in to testify about their expertise?
Looking at Apple’s site they have “Based on 3G and EDGE testing. Actual speeds vary by site conditions” in many places.
I am puzzled as to why these people didn’t exchange or return their phones within the 30 day window…
Posted by saronian
8 September 2008 @ 1pm
I’m confused how the 3G reception varies so drastically between my work (San Francisco) and my home (Oakland). In both locations I have a strong cellular signal with fast EDGE network transfers. But at work I get perfect 3G reception while at home I get almost zero.
AT&T Coverage website reports “Best” cell & data signals for both locations. Looks like a misleading representation of 3G quality rather than availability.
Posted by iphoneatlas2
9 September 2008 @ 1am
“I am puzzled as to why these people didn’t exchange or return their phones within the 30 day window…”
Because they are blatantly wanting to profit from the whole fiasco. They probably don’t even care about the speed of the internet, but just want to feel aggrieved and attempt to make some money with compensation. As far as I can see they have no reason to expect anything claimed in an advert to stand up to actual usage especially with regards to internet speeds which are always estimates and best case scenarios.
They could have returned the iPhones with no problems once it didn’t meet their expectations. In fact given enough arguing they could probably still return it for a full refund. But they are clearly Compensation Culture Morons.
Posted by stevesaun10
9 September 2008 @ 7am
“they are clearly Compensation Culture Morons.”
Well, no. Maybe they’re just tired of going through the hassle of returning products that don’t work as promised. When Apple’s web site got rid of the user rating system for software and hardware they sell, that should have been your first clue.