Apple hit with class action suit over 'defective' iPhone 3G

By Jacqueline Emigh | Published August 21, 2008, 12:24 PM

Claiming that the iPhone 3G doesn't really perform "twice as fast for half the price," a user in Alabama has filed a class action suit against Apple, charging that the phone is "defective" and that it has failed to live up to its hype.

The disgruntled customer, Jessica Alena Smith, issued the complaint against Apple in the US District Court in southern Alabama on behalf of herself "and all others similarly situated," a number estimated in the court filing at "thousands and perhaps tens of thousands" of other people.

"In or around the Summer of 2008, Apple began marketing and put out for consumption the Defective iPhone 3G," according to a copy of the complaint obtained by BetaNews. "The release for consumption of the Defective iPhone 3G was preceded and followed by an aggressive marketing campaign, which included radio, television, and paper advertisements. One could barely turn on the television without hearing that the new iPhone 3G was 'twice as fast for half the price.'"

However, after buying the iPhone 3G, Smith "soon noticed that her Internet connection, receipt and sending of e-mail, text messages, and other data transfers through the device were slower than expected and advertised," the complaint charges.

"Plaintiff was familiar with the speeds at which the previous [iPhone] operated. 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 "said failure to connect to said 3G standard and protocol occurred in the metropolitan area of Birmingham, Alabama, where plaintiff works, plays, and lives."

Smith is asking the court to decide whether Apple has breached any "express and/or implied warranties" with the "Defective iPhone 3G" -- and, if so, the appropriate damages, restitutition, and other relief to be awarded to herself and other "members of the class."

Comments

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Looks like cun* cakes won't be getting any easy money from apple. Do what most women do and get a husband.

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If i was her, I would rather sue them over the fact that with the iPhone you cant even cut and paste.

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Maybe she should read this.

http://www.dansdata.com/gz084.htm

Little info on how actual signals work. 5 bars doesn't mean s*** in reality.

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Early adopters: screwed.
Secondary Adopters: less screwed.
Early adopters of 3g: Screwed
Secondary Adopters of 3G V2:?

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http://news.smh.com.au/t...ware-20080814-3v60.html

Not sure how reliable this is but its obvious there is something wrong with the iphone - a better study would be to use a different phone in the same area if the 3g works that could tell you plus Apple keeps stating fixes are coming so something is wrong with this phone.

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good luck with that

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There's really 2 parts to this issue: 1st off is the quality of the service provider, which could very well be the location of the user. Just becuase service extends to your area doesn't necessarily mean it works WELL there. The 2nd part is the quality of the hardware: For example, you have 2 differenr brands of phones with the service provider being the same and both are being used within the same area. Brand A has great signal strength and call quality, with the occasional dropped calla and network slowness. Brand B appears to be much slower access-wise and dropped calls are more frequent. Signal strength ranges from Good to Fair

Let's face it without any true details this could either be AT&T's issue OR Apple's. So the real question is how many users of the 3G iPhone are having issues and where are they located?

If the info proves the phones were manufactured poorly, then Apple needs to own up. If it proves that it is poor cell service in those areas that is causing issues, guess what, AT&T's at fault.

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From the coverage maps at AT&T it looks like Birmingham is right on the edge.

http://www.wireless.att.com/coverageviewer

As commented on earlier, it's a PITA to get a decent map of 3G coverage, you need to select the link to the right of the 3G option and then choose a state.

I am amazed at how badly that was designed.

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Their map app certainly is super slow.

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Birmingham is fully covered. I don't know what map you really looked at, but it wasn't the one you posted a link for.

http://muhs***.com/images/misc/att3gcoveragebirmal.jpg

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Wanna make a small wager that this ditz lives either in Vestavia Hills or Homewood?

And 'fully covered', LOL!!! The topology of Birmingham is terrible for coverage with incredible shadows almost everywhere!

As for the rest - sell it on EBay and quit crying baby.

Another erudite user who buys stuff by literally listening to a commercial - need more be said? And with such astute reasoning skills, we can predict how she will be voting this fall.

I can't wait for that class action suit! "But he said...."

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I used to work in the Vestavia Hills area. I couldn't agree more about the topology of Birmingham. Coverage sucked when I lived there... no matter which carrier.

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I work in Mobile, AL and I get full 3G and 3.5G support. They haven't updated their coverage map in a while it seems, I live a hour north of Mobile and can pickup 3G on 1900Mhz band every now and then. I have a Nokia E71, I purchased unlocked from Newegg, and it rocks!

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"But he said...."

*laughing my a** off*

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Your link is censored.

*laughs*

I posted the link for the map I looked at. Birmingham is near the northern edge. Coverage is best at the center (where one would assume the tower is located) and worse towards the edge.

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So she's suing Apple because her cell service sucks?

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Amusing, isn't it? Gotta side with Apple on this one. This chick is going after a company that sells wireless phones for another companies poor wireless coverage. Could she be any more clueless?

The only defense for her stupidity is that the iPhone is tied to AT&T, which might make it easier for come dimwits to ignore that they are in fact, two separate companies, selling two separate products.

She is not paying AT&T for the phone, she is not paying Apple for the wireless service.

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AT&T has more high quality coverage in the USA than any other mobile phone service provider. In any case, this lawsuit is pointless without having a different phone that normally gets great reception to compare it to.

As for the dropped calls, I find this surprising since supposedly the 3G iPhone gets excellent 2G reception on EDGE/GSM networks. AT&T fixed the problem on their network that caused dropped calls due to switching from 3G to EDGE/GSM and vice versa over a year ago.

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It would be a different story if she was claiming that the phone isn't twice as fast when it is connected to 3G. Then she has a case.

However, as she's claiming that it's not twice as fast all the ****ing time she's on to a looser. It's like saying 'but my non-3G phone occasionally drops calls therefore it's defective as it's no longer a phone'.

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I'm going to have to side with Jessica as of right now. I believe it was shady advertising on Apple's part, "twice as fast for half the price".

"Smith is asking the court to decide whether Apple has breached any "express and/or implied warranties" with the "Defective iPhone 3G" -- and, if so, the appropriate damages, restitutition, and other relief to be awarded to herself and other "members of the class.""

I am more interested in what the court has to say with this case however.

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The "half the price" part has already proven to be bogus. Just common s***ing of the expense into the long term rather than the down payment.

The "twice as fast" claim can be disputed if she can prove that the device is at fault and not the service. No easy task.

The fact that the phone is tied to AT&T seems irrelevant since there are many phones tied to carriers. It is a common practice and certainly not exclusive to AT&T. No one forced her to buy and contrary to popular belief, there are many alternatives on the market.

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"AT&T has more high quality coverage in the USA than any other mobile phone service provider. "

According to Consumer Reports, (hey imagine that, an actual source quoted) Verizon has better coverage.

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I was goign to say the same thing

As point in case look at the Verizon Wireless network coverage. Please note Verizon will also have Alltel (sic?) integrated by the end of the year/start of next year b/c they're merging.

Now go and look at the network coverage for ATT.

I personally live in Ohio and the coverage for ATT BLOWS to the point of being useless in a LARGE portion of the entire state. God forbid you have to go to grandma's house in the country!

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"Gotta side with Apple on this one."

You should ALWAYS side with Apple.

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AT&T has more high quality coverage in the USA

EDGA/GSM. 3G is a new network, spotty at best.

...look at the maps. The 3 networks are not covering the same areas.

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AT&T has been beating Verizon in coverage since Cingular bought out AT&T Wireless. It's only gotten better since the baby bell companies merged with the new AT&T. 2G CDMA technology is the worst technology ever invented.

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troll

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B.S. lawsuit!!! This woman needs to get a life, I agree with oshns11's comment!

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How exactly would Apple change their product?

If the 3G signal is weak in this area, it will *be* weak, no matter what Apple does the the iPhone.

Her b*tch is with AT&T, not Apple.

I am shocked her lawyer is this stupid.

I wish I was shocked no-one here seems to have figured this out yet...

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i doesn't matter if they win or lose. He gets paid either way.

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The signal is weak because of a faulty chip designed by Infineon Technologies. Where other phones work great with att's 3g network, the iPhone fails. I have experienced this first hand and have to turn off the 3G to even get reception in my apt in the middle of manhattan.

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Instructions for getting rich (atleast trying)

1. Find a rich guy or corporation.
2. Buy a product or service from them.
3. Put the contract/user manual under a microscope and come up with something (even if it is common sense) not mentioned. (remember "Hot Coffee")
4. Find a lawyer. That shouldn't be difficult.
5. Sue..
6. Get rich.

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Nobody - except lawyers - gets rich from class action suits.
The consumer typical ends up with more expensive products and more restrictive licensing agreements. And 5 bucks.

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Humm this will be interesting to follow. I personally am dissappointed to how bad the mobile me service sync works with my calander and contacts, i've yet to get it to work without an error message.

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...but it works *with* an error message. Your lack of Faith in the Almighty Jobs is disturbing.

Of course it works. All Apple products "just work". The error message is merely a perk, an additional feature you should count yourself *lucky* to have received.

*Takes another sip of Kool-Aid*

Why, you should be careful, less you bring upon yourself the wrath of Jobs and be forced to endure the 9th Level of Hell (any phone with Windows Mobile)!

No, Really!

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Now whats wrong with Windows Mobile?

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I don't see what the problem is with Windows Mobile. My Samsung Blackjack II, which uses WM 6, is blazing fast, never ever freezes (as long as I don't use AT&T Navigator for GPS) and has no memory leaks whatsoever. It's easier to get work done on WM 6 and 6.1 than on any other mobile operating system and WM supports just about any CPU designed for a handheld mobile phone device. The only good feature the iPhone has are its looks, speaking strictly about the hardware.

Mac OS X belongs on mobile phones about as much as Vista Ultimate does.

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Wow.

I figured putting in the bit about the Kool-Aid would be enough of a hint at the sarcasm in that post.

I guess I was wrong...

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did anyone not see this coming?

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They got sued for dropping the price. Now they're getting sued for network coverage they do not offer(It's AT&T's, network, not Apple's)...

What's next, suing Apple for not being able to hear the other side of the conversation while the guy next to you is breaking apart the sidewalk with a jackhammer?

I sure hope they saw it coming. These idiots will sue over anything.

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What a joke. I hate this litigious society that we live in. Coup De Grat! Let the buyer beware. This chick is complaining about a service not a device. She complains that she only connect to the 3G service 25% of the time? The problem is not necessarily the phone. Don't get me wrong, I am not endorsing the new iPhone, I am just saying, is that all we as a society have to worry about? She paid too much for her new iPhone that does essentially the same thing as her last iPhone that she paid too much for and now she wants to sue because she can't surf the internet faster but for 25% of the time. Give me a break and get a life. Notice the quote "where she works, plays, and lives." Meanwhile the rest of us who have grown up are not out "play"ing. It's no wonder the court system is back logged with so many cases. The only people that ever win in Class Action lawsuits are the fat cat lawyers. The consumer never benefits. Oh I am sure that someone will say that if it makes the big corporate society change their product or service then it was worth it. NO IT WASN'T. The best way to voice an opinion about whether you like a product or not is by buying or not buying it. Let the consumer decide what is reasonable and worth buying. We as a society have to run to our big brother government and cry "they over charged me" or "I don't like they way they treated me so I want you to step in and regulate it or make some new law to stop it from happening again" Guess what. That doesn't solve the problem. The said company will still be in business. How about next time you just start you campaign by word of mouth or start a blog and post your experiences. (Believe it or not there are many out there.) Then let the market decide whether they agree with you. People love to complain about a certain HUGE box store that seems to have taken over every suburban neighborhood in the country after starting out in Arkansas, but guess what? They still shop there don't they? A fire will not die out if you keep adding fuel. Apple will change their product because of sales or complaints. Now if this girl gets the class action to go through and wins, Apple will still change their product but it will also cost the consumer. When they get slapped with the huge fine to pay, don't think that they will not pass those costs on. Instead of have the government run your life how about thinking for yourself and not buy their product in the future if you do not like it. Sounds to me like this girl is what PT Barnum was talking about, but hey that just my 2 cents on the subject.

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*laughing*

Notice the quote "where she works, plays, and lives." Meanwhile the rest of us who have grown up are not out "play"ing.

Right. So you just work and live, right? You never go out, you ne

...

Oh, wait...this is Betanews, "The New Slashdot™".

Of course you don't go out, you sit in front of the computer posting the equivalent of a pulmonary embolism on the internet for everyone to enjoy...

Someone get the paddles, this one's coded!

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lol. lazy people nowdays. how can they live without playing or having some fun?

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Or more appropriately, "HIS SP02 IS DROPPING. GET THE TPA! ( http://www.americanheart...r.jhtml?identifier=4751 )"

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So wait....aren't you all doing the same to my post? Yes I go out...my reference was trying to state in a not so obvious way that she is probably young and still living off the umbilical cord for a lack of safe words to use. Anyway to each his own.

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I am so sick of lawsuits like this.

There's a few things not mentioned though that would really determine if she might have a valid argument.

1) Did she try to return the phone
2) Did she work with AT&T to determine why she wasn't getting on the 3G network more frequently

I'm sure Apple's legal team is smart enough to have included small text stating that the speeds will only be twice as fast when you are on the 3G network.

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Having been familiar with so many people who complained after buying the original phone, I doubt she checked anything before buying.

AT&T makes it extremely difficult to determine where the 3G coverage is and isn't, since at last I saw, they showed the GPRS and EDGE and 3G coverage on the same map. It's only when you click Mobile TV that you get a clearer idea of what they actually cover.

Of course, she could have done her homework, found that AT&T had no coverage, bought the phone, and filed the lawsuit in hopes that she would hurt Apple and receive a reward.

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Sue Apple over AT&T's lack of coverage?

That's gotta be a really special brand of crack you guys are on....

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Its the fact of the lack of signal in weaker areas that should still be receiving the signal, a glitch apple has yet to fix.

I don't think Apple tested this device enough.

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Have you even looked at the coverage map? I wouldn't say that it is a lack of coverage.

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Thats what I was thinking.

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Can you read? I posted a link to it *long* before you posted this.

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