Adding to the mounting list of lawsuits that Apple has faced over the iPhone 3G’s performance, the company is being sued yet again with additional accusations that they are neglecting to acknowledge the prevalence of hairline cracks in the device’s casing.
AppleInsider reports that the 23-page suit, filed in a New York district court by Avi Koschitzki, retains similar tones to that of the suits filed earlier this year that Apple has misrepresented the overall performance of the device by proclaiming it to by “twice as fast” as the first generation model. The claim notes that the over-saturation of AT&T’s 3G network, does not allow users adequate access to the the higher speed connection, and are often bumped down to the slower EDGE network despite being located in a 3G rich location.

Koschitzki’s attorneys wrote, “Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold.”
He is additionally making the claim that he is one of the many iPhone owners that have experienced hairline cracks in the devices enclosure, even noting that some users have noticed such defects upon first glance after unboxing. The claim notes that “Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public.”
Seeking class-action status on his suit, Koschitzki is also unsatisfied with the multiple iPhone software updates released as of late. He claims that Apple has failed to tackle problems ranging from third-party application crashes at startup to poor 3G reception. I think the most interesting part of this ridiculous case will be to see when he actually purchased the device, which judging by how late this claim is, I’ll bet was well after the previous claims had been filed. If he was as knowledgeable about the device as his claim seems to note, than he would have undoubtedly been aware of the network issues that had plagued the device in the first couple of months after its launch. So good luck to you, Mr. Koschitzki, just don’t hurt yourself when you fall off the bandwagon.
8 Comments to “Apple Brought to Suit Again; Bandwagon Reaching Capacity”
IMHO, The bandwagon reached capacity in August. This is just f’ing INSANE !!!!!!
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Why on earth would someone buy an iPhone, get it home and find cracks and not IMMEDIATELY return or exchange it? You wouldn’t buy a car and then sue an automaker because the stereo didn’t work, you’d take it to get repaired under warrantee . . . I swear these suits are so frivolous it defies belief!
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I absolutely agree with you mathue. These suits are an utter disgrace and a complete waste of time and money.
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Go get a Blackberry. Friggin LOSER
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Well played gorbee
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I hope he wins. I’m sick of Jobs not admitting there’s a problem. My iPhone has 2.1 firmware, and I’ve got iTunes 8 on my Mac. So I should be fine, right? NOT. My friggin’ iPhone barely works. Safari crashes EVERY TIME I USE IT. App Store crashes, Mail crashes and even the iPod App. Notice I haven’t even metioned a single “third party” app? If these problems aren’t resolved, my iPhone is in the trash. I’m sick of this crap from Apple. Jobs does this all the time; makes his loyal customers guinea pigs while making millions. Oh and for those thinking I’m just out to get Apple. . . I’m a shareholder!
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Congrats on your reporting, minus the inaccuracies. Mr. Koschitzki’s complaint was actually filed months ago and was only now removed to Federal Court by counsel for defendants. It is laughable how people like the author to this blog think they have their facts straight. If only the blogger could get sued…
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Thanks for your input Nassau. We do our best with the information and facts that we have.
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