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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. XChrisX's Avatar
      XChrisX -
      Let's be real honest here, whenever someone sues big business(ie: Apple) they are doing it for two reasons, and two reasons only, press and money! Regardless of the problems the new iPhone may be facing, if she isn't happy with her device, she could simply return her phone and get a phone more suitable to her liking. I'm not even sure what amount she's suing for but you can guarantee it will be an absurd amount of money over "damages". So ridiculous in my mind, but this is America what can you expect, people will sue anyone these days at a chance to make an easy buck.
      Also as quoted by theetoothfairy, I agree whole heartedly with this comment..."That being said, I do think the lawsuit was filed prematurely, but it is certainly not without merit. It remains to be seen what the actual problem is, and if Apple can fix these issues adequately."
    1. skj8100's Avatar
      skj8100 -
      wow, wow, wow, wow, wow!!!

      at&t may not have the best 3g coverage but when you are dead smack in the middle of what is supposed to be superior 3g coverage and you look down and have no service compared to your co-worker who also has a 3g at&t phone but has 5 bars and you are standing in the middle of a major metro area with no interference (buildings an what-not)
      then it is obvious where the problem resides.

      yes, there are way to many frivolous lawsuits. yes, she probably wont win a damn thing.

      But all you people with your "you had 30 days" and "use your head, moron" and shes a ******* idiot stuff and all these other stupid little analogies about car companies and whatever-(other than the firestone and ford analogy you are the ones who need to shut up for christ sake. she has the right to do this and has a legitimate claim. she only wants what she was promised. by the way she is in good 3g coverage just like many of those people in downtown manhattan (with no interfierence) that have to use edge because get over it fanboys and get apples balls out of your mouth. THE 3G CHIP IN THE IPHONE 3G CAN BE DEFECTIVE!!!!

      Quote Originally Posted by YellowCopy View Post
      Shall we examine the merrits?
      1) Apple has an exclusive contract in the US with ATT.
      2) Apple, knowingly makes a claim concerning data speed and price.
      3) Apple's contract carrier is unable to live up to the advirtising claims that Apple is making
      4) Apple admits that poor call quality could be related to a problem with the sim card aka manufacturing defect
      5) Apple attempts to fix their manufacturing defect with a software patch that is imperfect and there by assumes responsibility for the defect by issuing the patch.
      6) Apple is sued of the defect.

      Basically, this is a false advirtizing law suit. Apple said it would deliver X. Apple has failed to deliver it. The lawsuit has merrits.

      Kinda like the special order tires that Ford ordered from Firestone and put on their explorers. Even though the tires had a name brand on them, they were only available as OEM Factory equipment. As such, when these specialty tires started to fail, Ford was liable even though they didnt manufacture the tires themselves. Apple may not offer the service, but their provider is specific and the providers capabilities were known at the time of the advirtisment. We may end up getting free phones out of this, that would break my heart!
      finally some intelligence on this forum from more than just 2% of the posts.
    1. Muggz5's Avatar
      Muggz5 -
      Quote Originally Posted by djames04 View Post
      you all are idiots... My 3G works perfect and is plenty faster than Edge.. I use NetShare and can't even feel the difference between wifi and 3G..

      I don't drop calls, and I live in the southern part of Missouri, Springfield, MO to be exact...

      Dumb people...
      I think you living in such a small town has slanted your thinking a bit. There is a great big world out there and your local news talking about run away cows may not cover this issue.
      This is obviously a serious issue if Apple has announced updates and fixes that are attempts to resolve this problem. The people at MMi are not responsible for apple stepping up, its a known problematic fact. And for you not to see a difference between wifi and 3G, has nothing to do with a wireless router, it has to do with your connection speed to your wifi router. If you dont see a difference you must not have broadband, or are just too "dumb" to know what you have. My wifi (broadband) at home runs on average 850 - 1000 Kbps. downloading. High Speed EDGE maxes out somewhere around 250 KBPS (which you can rarely get) and 3G maxes out just shy of double that. so with your little DSL you might not tell a difference, but calling people dumb because you are just an ignorant country bumpkin is poor class. Grow up little kid and be aware of the rest of the world.
    1. mikegoldnj's Avatar
      mikegoldnj -
      Quote Originally Posted by ghstomahawks View Post
      Uhh ... so? They're selling you a device that can be twice as fast and all those nice things. The fact that the network doesn't live up to it doesn't mean anything about what they've sold you, and you clearly sign a contract with AT&T. They sell iphones in places where AT&T doesn't even offer 3g coverage and that's not apple's fault either.

      With apple expected to release software updates to help alleviate the problems, my guess is that this person will end up looking quite foolish. After all, if you're going to be an early adopter you better damn well expect to run into bugs with something sooner or later ... and we've yet to even see if this is going to continue to affect people long term.

      The "it's AT&T's fault" defense is not going to work, in light of the fact that if you use a properly manufactured 3G phone you will get the 3G service you expect.
    1. drunknmunky408's Avatar
      drunknmunky408 -
      Quote Originally Posted by joedr View Post
      First step to release the phone to other carriers IMO.
      Phone was originally offered to Verizon Wireless but they dinied Apple.

      Quote Originally Posted by Rescuer View Post
      I live in the east bay area, where the entire map shows a complete 3G coverage, and yet 3G coverage is garbage...

      in fact, I got my 3G phone, and in the first week I ended up turning off the 3G option since I got tired of the "timeout" when it would switch from 3G to edge. It was almost always borderline, 1bar of 3G, which at that point would switch to edge.

      reception on the new 3g iphone sucks. when i jailbreak em at work for customers, i feel bad when giving em back to the customer cuz it ain't got reception. if you compare it to our Q or ant other 3g phone, the reception is there. In this case, i think apple rushed it and released it premature. This release is all Apples fault. I hope ATT doesn't work with Apple on the next release. iTunes down on launch date, making ATT look bad!!! This whole 3g things is killing ATT cuz now everyone thinks ATT has a poor 3g network. Granted, its not available everywhere, it works in my house but the iphone will not. Prior to trying the 3g iPhone, I had a Q and a Tilt. The 3g was awesome but when I got the 3g iPhone, it was garbage.
    1. iamubiquitous's Avatar
      iamubiquitous -
      see previous post...if you don't help, get outta the way.
    1. HITCH's Avatar
      HITCH -

      What a change .... first gen fones makes ppl`s happy
      3G explored the other side ..making the users very Unhappy..

      i wonder ...
    1. MASSKILLA's Avatar
      the way I look at it is why buy a new iphone3g when I have the old iPhone unlocked on tmobile with no issues at all!!!!
      optimum wifi is everywhere now!!!!
      but I wish her luck in her lawsuit and hope she puts a nice hungry worm in apple :-)