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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. andypropaganda's Avatar
      andypropaganda -
      Quote Originally Posted by maadhick View Post
      God bless America and the frivolous lawsuites! I'm pretty sure this will go nowhere. Apple's reply will probably consist of finger pointing to your carrier (AT&T in the US).
      Yes, probably, but haven't they already admitted to the problem being possibly related to their hardware? Which they believe can be fixed with a software update, which is what people thought was going to happen with 2.0.2 and it didn't because I have 2.0.2 and it didn't do **** for my reception.

      Although, I have to admit that my reception is not that bad, but it is definitely worse than my first-gen was.
    1. Sullivan0930's Avatar
      Sullivan0930 -
      wow. i think ill go sue snickers for not having more peanuts, as it says. america is so sue happy. i hope apple just kicks her ***.
    1. tyfly867's Avatar
      tyfly867 -
      I gotten up to 583 kbps vs 193 kbps on edge. That's almost 3 times the speed. Sounds like this biznatch has nothing better to do than extort money from corporations. The price of litigation is just passed along to the consumer in the form of higher prices. So once again thanks biznatch.
    1. gunnysir's Avatar
      gunnysir -
      Get a friggin life or maybe she doesn;'t and needs to sue somebody so she has money.

      Sorry but this is SOOOO typical of the U.S. the most litigious nation in the world.
    1. KartRacer's Avatar
      KartRacer -
      You fuckheads just can't blame Ma and Pa Apple for ANYTHING can you. They are NEVER at fault with you morons. I love the iPhone, but I stay away from most of you Mac idiots for exactly that reason. You can't EVER criticize Apple for making a ****** product or screwing its' customers repeatedly. My old Blackjack gets full bars and 3G in downtown Atlanta, while holding the iPhone in my other hand it doesn't get a damn thing. Not a single bar, works great on Edge. At my parents house in NE Atlanta, EXACT SAME THING!!! The radio/software is absolute garbage in the 3G phone. How come the wonderful iPhone can't get a signal, but a much abused Samsung Blackjack performs flawlessly in the same place as the iPhone yet repeatedly outperforms it? The carrier? Nope.

      Quote Originally Posted by gunnysir View Post
      Get a friggin life or maybe she doesn;'t and needs to sue somebody so she has money.

      Sorry but this is SOOOO typical of the U.S. the most litigious nation in the world.
      This has nothing to do with the US. This has everything to do with an unhappy customer with service that does not live up to the hype. Apple has admitted they have a problem with reception, so what exactly is wrong with her holding the company responsible for their failings?

      Keep your nationalistic ******** to yourself. There is no need for insulting an entire country because one single person does something you disagree with.
    1. thetoothfairy's Avatar
      thetoothfairy -
      Quote Originally Posted by kartracer View Post
      you fuckheads just can't blame ma and pa apple for anything can you. They are never at fault with you morons. I love the iphone, but i stay away from most of you mac idiots for exactly that reason. You can't ever criticize apple for making a ****** product or screwing its' customers repeatedly. My old blackjack gets full bars and 3g in downtown atlanta, while holding the iphone in my other hand it doesn't get a damn thing. Not a single bar, works great on edge. At my parents house in ne atlanta, exact same thing!!! The radio/software is absolute garbage in the 3g phone. How come the wonderful iphone can't get a signal, but a much abused samsung blackjack performs flawlessly in the same place as the iphone yet repeatedly outperforms it? The carrier? Nope.
      you have a filthy mouth and should be warned!!!!
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by theetoothfairy View Post
      you have a filthy mouth and should be warned!!!!
      I could care less. My filthy mouth is no less offensive than the vast amounts of stupidity roaming around here in this topic. I guess to your fragile little personality I should be like tyfly867 and say 'biznatch' instead of '*****'?
    1. thetoothfairy's Avatar
      thetoothfairy -
      Quote Originally Posted by KartRacer View Post
      I could care less. My filthy mouth is no less offensive than the vast amounts of stupidity roaming around here in this topic. I guess to your fragile little personality I should be like tyfly867 and say 'biznatch' instead of '*****'?
      Well there are better ways to state your opinion than to use such language... your language only shows your anger.... how low do you want to make yourself look? Its your choice! And I am not fragile... but there might be younger people that read this thread as well....
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by theetoothfairy View Post
      Well there are better ways to state your opinion than to use such language... your language only shows your anger.... how low do you want to make yourself look? Its your choice! And I am not fragile... but there might be younger people that read this thread as well....
      You're right I am angry. Angry at the stupidity of insulting a woman who very muchs feels she's being screwed over by Apple and AT&T over subpar performance and that she isn't getting what she paid for. If everyone would do things like this and speak out about being shafted we would be better off as consumers. Everyone NEEDS to speak out and redress the shortcomings of companies not caring about their customers. We are constantly getting the short straw from Corporations who only care about money and hopefully one day everyone will stand up and they'll take notice. I for one like Apple products in general, but the fans of all things Apple continuously drive me irate with the stupidity of willingly being bent over and screwed only for the sake of being part of the 'club' so to speak. They can't see the forest for the trees.

      As far as my language goes, I've never heard a more vile speaking group of people than the 12-15 year olds playing Xbox or some other anonymous media outlet. As soon as the parents are away they would make a sailor of old blush with their speech. And I'm the only one who has actually spelled out the foul words and not substituted it for some other stupid word.
    1. J_Marley's Avatar
      J_Marley -
      Look, yes this topic does bring up some great opinions, but to turn around and start bashing each other for what someone has to say is completely uncalled for. The forums should be a place where everyone can post. Please try and keep this in mind.
    1. darwina's Avatar
      darwina -
      Quote Originally Posted by Zeal View Post
      AT&T seems to drop a lot of calls on my iphone and im on the first gen..

      I have NO service in my house let alone any house, and my parents have Sprint and they have full bars inside of the house and everywhere else..
      Yeah, I get no service at my parent's house, which isn't exactly in the boonies or anything. I had T-mobile when I was living there which at least got service...
    1. ChrisfromthaDtothaPHX's Avatar
      ChrisfromthaDtothaPHX -
      Quote Originally Posted by jaja View Post
      come on guys - its not that bad....

      i'm just hoping that all this commotion about the bad 3g radios will put in a new chip and maybe 1700MHz support to?

      Then i'll buy the 3G.
      So wait.. let me get this straight..

      first the excuse is... " No 3g? " then now you wanna say that the radio chip in the 3g isnt good enough?..

      Im sorry but what some of you fail to realize. and myself included when i got my iphone was that AT&T's GSM network is the worst possible network you could be on.. Proof's in the pudding... just look at the numbers.
    1. elementkid808's Avatar
      elementkid808 -
      your fault you bought the phone.
      could have been happy with the nokia.
      besides dropping calls is the carrier's fault, not apple.
      same with the data speed.
    1. YellowCopy's Avatar
      YellowCopy -
      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!
    1. loujob's Avatar
      loujob -
      More idiots that dont know what they are talking about. It is apples 3G antenna that is faulty. In places where my friend gets 5 3G bars on his samsung ATT phone, I get maybe 1 at about -98 to -113 dB. Terrible, its not really the services fault, its Apples fault. They should have went with Qualcomm, if the banning has been disbanded, or any 45nm 3G cellular chipset which supports UMTS.
    1. Muggz5's Avatar
      Muggz5 -
      see Stella Awards.
    1. dbabbs's Avatar
      dbabbs -
      apple will probably blame at&t
    1. djames04's Avatar
      djames04 -
      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...
    1. thetoothfairy's Avatar
      thetoothfairy -
      Quote Originally Posted by KartRacer View Post
      You're right I am angry. Angry at the stupidity of insulting a woman who very muchs feels she's being screwed over by Apple and AT&T over subpar performance and that she isn't getting what she paid for. If everyone would do things like this and speak out about being shafted we would be better off as consumers. Everyone NEEDS to speak out and redress the shortcomings of companies not caring about their customers. We are constantly getting the short straw from Corporations who only care about money and hopefully one day everyone will stand up and they'll take notice. I for one like Apple products in general, but the fans of all things Apple continuously drive me irate with the stupidity of willingly being bent over and screwed only for the sake of being part of the 'club' so to speak. They can't see the forest for the trees.

      As far as my language goes, I've never heard a more vile speaking group of people than the 12-15 year olds playing Xbox or some other anonymous media outlet. As soon as the parents are away they would make a sailor of old blush with their speech. And I'm the only one who has actually spelled out the foul words and not substituted it for some other stupid word.
      I feel Apple feels the pressure by this all... believe me they know what is going on out here.... my phone just bricked the other day when a phone call came in (and no it is not modded) I was on the phone with Apple and they heard my comments, suggestions and what should have been done first, and what works and don't work.... they will either fix this problem or come up with a solution to make their customers happy I feel... at this time they feel they can fix this... if not then they will do something else...

      Another person stated this on a different forum...

      A buyer who receives a defective product can elect to either a) return the goods for a refund or b) give the seller reasonable notice and reasonable amount of time to remedy the defect. The law gives the consumer the choice here. The seller can then choose to either fix the defect or if it can't, issue a refund. There is no requirement that a consumer has to return a defective product. The only requirement is that it notify the seller. Apple did not tell everyone: "we cannot fix this issue, therefore you must return your phone". They said quite the opposite actually. Relying on this promise to remedy, many of us kept our phones. It was Apple who elected, after being notified, not to end our contracts because they felt they could fix the defect.
      I do not know where everyone gets the idea that a refund policy somehow absolves a company of its duties and warranties. A refund policy is simply a termination clause in a contract.

      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. oo3's Avatar
      oo3 -
      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...
      if you don't have anything nice to say, don't say it at all...good for you your iphone works correctly. this is obviously an issue if there are countless people complaining about the hardware.