Apple has been entangled in a few different legal battles this year. One case in particular, which includes a few iPhone 3G owners who are seeking compensation for what they claim are faulty devices, is being allowed to move forward.
These particular lawsuits claim that Apple and AT&T oversold the iPhone 3G, over-saturating the cellular network and airing generally misleading commercials. Additionally, the lawsuits claim that Apple was repeatedly profiting from a defective device. MacBlogz has learned today
“Had Apple received notice from plaintiffs that the particular iPhones bought by them were defective, Apple could have taken a direct route toward fixing the alleged defects or could have reached a settlement with plaintiffs at a time before litigation expenses were incurred,” the decision states. “Plaintiffs did not afford Apple statutorily guaranteed opportunities,” according to the judge’s ruling.
The lawsuit in question claims that both plaintiffs suffered “significant monetary and non-monetary damages” due to the “defective” devices which allegedly do not provide promised data speeds and voice call connectivity promised in advertising.” Additionally, the lawsuit requests class certification and was filed on behalf of thousands of iPhone 3G owners.
Apple has responded saying that the request for class action is not “appropriate”, while continuing to reiterate that the iPhone 3G is not a faulty device. “Apple denies that the plaintiffs or members of the purported class have been damaged or are entitled to any relief of any kind,” according to the legal documents.
Updates: Meanwhile, a new lawsuit to the tune of $5 Million has been filed this week. Once again, the suit charges Apple with a slew of offenses regarding AT&T’s 3G network speeds, and the overall performance of the iPhone.
Macworld:The lawsuit, brought by San Diego, California resident Peter Keller, and filed in the United States District Court, Southern District of California, accuses the two companies of Negligence, Breach of the Express Warranty and Implied Warranty of Merchantability, Fraud and Deceit, Negligent Misrepresentation, Unlawful Business Practices, and False and Misleading Advertising.
Keller says Apple markets the iPhone 3G because of its speed, but the phone and the network do not live up to the advertising that Apple and AT&T have given to it. The lawsuit also says that users only experience 3G connectivity a fraction of the time.
“Consumers are unable to choose any other network or carrier when using their iPhone 3G,” the lawsuit reads. “Through this joint agreement, Apple and AT&T have engaged in a collaborated scheme to deceive plaintiff and other consumers, since the iPhone 3G and AT&T 3G Network is faulty and rarely provides 3G connectivity to its customers.”
The lawsuit seeks corrective labeling and advertising on the iPhone 3G, a constructive trust on all monies obtained by Apple and AT&T for the iPhone 3G, and punitive, compensatory and statutory damages.
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4 Comments to “Judge Dismisses Two of Three Claims Made in iPhone 3G Lawsuit [U]”
okay here’s my view on all of this. 1. the lack of 3g coverage in an area is NOT the fault of Apple. that is on ATT. Apple should not be party to any lawsuits on that issue.
2. I am shocked that anyone would claim they were not serviced on a faulty phone. I walked in with a possibly faulty phone (might have been the phone, might have been an app I downloaded) and my local store swapped my phone ‘just in case it’s the phone’ without flinching. unless they see signs of drop/water/etc damage they seemed to be just swapping phones for most problems
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You’re right Lucas, the 3G cell network issues are not Apple’s fault at all. And it certainly feels like Apple is in a way being clumped together with AT&T’s brand, and AT&T is absolutely loving it. see here: http://tinyurl.com/6lgksx
I also agree with you about Apple’s willingness to swap out phones. At the most, you have to suffer through a 10 or 15 minutes “genius” meeting, but after that, they’ve been very understanding in replacing faulty hardware.
The people that jump on the bandwagon, which has already reach capacity twice over, and sue Apple for “hairline cracks” are all part of the same breed that is trying to exploit Apple for anything they can get, through the law. While lowbrow, it spins a negative light on Apple and they are forced to respond.
The legal system in this country isn’t the greatest, but luckily Cupertino has a good team of “law-stylists” working for them.
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These people are pathetic. they just try and make anything a class action lawsuit. I mean, really? why sue Apple?
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Unfortunately, this country has a legal system set in place that allows people to exploit loopholes to get rich. It doesn’t matter if what they say or do is completely unethical (by mass standards), they still do it, and in the off chance that it works… they will have worked the system and cheated their way into money. Apple is constantly in the spotlight, and they think that maybe, just maybe their lawsuit will be the one that wins.
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