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  • Unhappy iPhone 3g User Suing Apple
    As we have previously reported the iPhone 3g has had some issues with reception. Now at least one unhappy customer is suing Apple. Jessica Alena Smith filed a federal suit against Apple on Tuesday.

    Basically the lawsuit says that despite the 3g iPhone marketing by Apple claiming that the iPhone 3g is "twice as fast for half the price," the iPhone is in fact much slower than advertised and drops a lot of calls.

    Jessica's attorney Jonathan Kudulis made the statement that “Apple sold these devices on the promise that they were twice as fast as the pre-existing phones and that they would function suitably, or properly, on the 3G network. But, thus far, Apple and the phone have failed to deliver on this promise.”

    The complaint hasn't officially been served to Apple yet since it was filed yesterday. If everything goes according to Smith's plans this will be a class-action suit against Apple.

    [via abc news]
    This article was originally published in forum thread: Unhappy iPhone 3g User Suing Apple started by Cody Overcash View original post
    Comments 108 Comments
    1. Poseidon79's Avatar
      Poseidon79 -
      Well I'm paying $360 per year for a 3G data service that is completely deficient on an iPhone compared with other phones on the same network. The network is capable of "twice as fast" with great service. I for one am pissed that Apple cheaped out on the internal components (it costs Apple $58 less to build the 3G than I did the 1st Gen phone) and I have to pay EXTRA money to AT&T and get WORSE coverage than I did before. GO LAW SUIT GO!
    1. dmb41302's Avatar
      dmb41302 -
      Not sure what all the complaining is about. This woman is wasting her money and time...and clearly everyone on this thread (including myself) is wasting their time as well. The suit will get dropped like a hooker after a mediocre session. Props to the guy who said there is a 30 day return policy. Use your head!

      I will toot my own horn and say that I have perfect reception in Rochester, NY. Never once had any issues, never switches over to edge or anything. I have pwned my phone and I am still on 2.0. With Apple adding new updates everyday I will wait till they put directional support on the gps (if ever) before I even THINK about updating. Sure, my txt and email lag sometimes but after I return to the springboard then relaunch all problems are resolved.

      The product is not cheap at all. If taken care of properly there will not be any problems i.e. the cracking everyone is reporting. In fact the 3G on my phone flies very fast all the time. I am sure there is a problem with the reception in certain phones but everyone is saying how much it sucks, if your reception sucks then return it and shut your yap. If you are so upset, make your own damn phone. I had verizon for years and was satisfied but now with AT&T I am even more satisfied, never a dropped call or anything.

      As far as the unlock, T-mobile users shut up. The damn thing is sig checked. If they do unlock it you won't get the 3G frequency anyways thus rendering it useless. Get a first gen and shut up. If you are going to sue anyone, sue your ignorance and return the phone.
    1. antidis's Avatar
      antidis -
      Not a winning lawsuit, it will fail.

      They have all kinds of iPhone's that a person can demo in-store, and the law tends to side with buyer beware. Are her expectations realistic? Perhaps.... perhaps not. An interesting case for sure.
    1. r1994augusto's Avatar
      r1994augusto -
      jajaja
      they Rushed to do it now:
      TOO MANY ISSUES
    1. 461am's Avatar
      461am -
      I'm not too sure. This has all the makings of a failure, but then again this is America, 'anything' is possible.
    1. Zcott's Avatar
      Zcott -
      Wow, this is really ridiculous. Is it really so bad that she (and some of you folks) wants to sue? I mean, seriously? It's just a phone. It will not harm your children.
    1. tamakin's Avatar
      tamakin -
      What an idiot this lady is!!! It says in fine print: "Throughput depends on the cellular network, location, signal strength, 3G/EDGE connectivity, feature configuration, usage, the Internet, and many other factors. Throughput tests are conducted using specific iPhone units; actual results may vary.
      Battery claims are dependent on network configuration and many other factors; actual results may vary."

      Also, Apple always says "Up to 5 hours talk time" "Up to 2x the speed of 2g" They know how to cover their butt. This old bag isn't gonna win a dime!
    1. se23's Avatar
      se23 -
      I had n95 on tmobile uk and 3g reception was horrible where I work which is a major city, I couldn't even call out. I had 2g iPhone and reception was crap everywhere. I then used n95 on 3uk, at work it was blazing fast at home out of city.....crap. With my iPhone 3g at work blazing fast at home it switches to edge full reception. Point is it's where u use it but I have the best of both now. Lady forget suing!
    1. thetoothfairy's Avatar
      thetoothfairy -
      Her suit will probably do her no good but the phone does have problems... I would like to see a recall if they can't get this bugged out, two updates within a month and was reading today that they are saying they are coming out with a update in September that promises to fix it.... all I know is mine turned into a brick the other day and it started with a phone call....
    1. vnadjaryan's Avatar
      vnadjaryan -
      Folks, let your voice be heard and fight At&T for a Data Plan Price DROP for their bad 3g reception!
    1. Macboy67's Avatar
      Macboy67 -
      I might join that lawsuit, Because my 3G connection sucks!
    1. j0ntar's Avatar
      j0ntar -
      There are only a few intelligent posts here. Thank god most of you are not following a law career.

      She is suing for false advertisement. This is a very valid claim. It does not matters whose fault it is (and it is apple's chipset btw) the fact that one company falsely advertised something that they could not provide is enough to take it to court.

      Yes Americans usually sue over the most ridiculous ****, however there are odd cases like this one that puts snubby big business in their place. I hate to see anyone sue but apple needs the bad image they will get for this to stay level headed and realize consumers are not stupid (well so i thought till i read fanboy posts here) Poseidon79 is right, they sold us cheap hardware and thought it would be ok, however it isnt and that will come out with cases like this.
    1. wiLness's Avatar
      wiLness -
      Quote Originally Posted by compton,Tx View Post
      Yea let's sue! Shut the Eff up! This country is going down fast with lazy, "They Owe Me Something", get rich fast- Morons. If your phone doesn't work take it back, and don't take no for an answer. If your car blows up and Ford knowingly put in a plastic gas tank, then sue the **** out of them. I own my own company, and the iPhone is the only phone device I have. It has dropped many calls, not recived all texts and mail. But That is life, and without this device although sometimes it seems untrue for me, it is not Life or Death. I mean if you want to sue somebody or something start with the FDA, most people are so blinded and sheltered it is scary, the iphone should be the least of your worries! Sexual Chocolate.

      amen.
    1. tamakin's Avatar
      tamakin -
      Quote Originally Posted by j0ntar View Post
      There are only a few intelligent posts here. Thank god most of you are not following a law career.

      She is suing for false advertisement. This is a very valid claim. It does not matters whose fault it is (and it is apple's chipset btw) the fact that one company falsely advertised something that they could not provide is enough to take it to court.
      Thank god you're not following a law career. Read my previous post a few posts above yours. Read it and weep.
    1. skiez's Avatar
      skiez -
      that ***** needs to stfu and smoke a blunt..
      her fault for not waiting to see how many problems are gonna appear

      btw if i can sue for some thing,like Viagra for example then i would be rich, right?
    1. djmexi08's Avatar
      djmexi08 -
      wouldnt that fall under AT&T jurisdiction not Apple? a phone can only work as good as the network its on. i read somewhere that this was taking place in alabama! thats right next door to me and 3g coverage in alabama is hit and miss even in metro areas like mobile burmingham and tuscaloosa. she shouldnt sue apple for something AT&T covers or in this case doesnt!
    1. thetoothfairy's Avatar
      thetoothfairy -
      According to this site...

      Woman Sues Apple Over 3G iPhone Reception Issues - Mobile Blog - InformationWeek

      What she wants Apple to "repair or replace all 'defective iPhone 3G' units, plus damages, interest on 'monetary relief,' and attorney's fees." She estimates that tens of thousands of users are affected by the 3G iPhone's reception problems, which could push the lawsuit to class action status.

      Get the bugs out Apple and we will all be happy! And Att stop charging 3G prices for people that don't have it in their areas! I don't think it is fair that I have to pay for 3G prices when it isn't in my area!

      You know if we all get together we might be able to fight this thing ya know!

      Quote Originally Posted by Zcott View Post
      Wow, this is really ridiculous. Is it really so bad that she (and some of you folks) wants to sue? I mean, seriously? It's just a phone. It will not harm your children.
      I don't want to sue.... I love my iphone but want the bugs out of it and want it to work... every since the other day when mine bricked I am nervous that it will brick again...
    1. mrtonyyx's Avatar
      mrtonyyx -
      Finally! Even my first generation iPhone was hard to get signals! But I really think no matter if you hacked your iPhone or not, the reception still sucks and maybe it has to do something with the firmwares going around at the moment. I don't think I'll be upgrading any time soon at all.
    1. robgomz's Avatar
      robgomz -
      200$, yeah but you HAVE to commit to a 2yr. ATT contract which means more than the price of the handset, the thing is, YOU ARE STUCK WITH A ****** IPHONE FOR 2 YEARS, i think she was very smart in suing, click thanks if you agree.

      Good Luck!
      I Love my First gen. iPhone