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Ooooh, look! Free money! Gimme!

I hope she's ordered to pay Apple's legal fees, for clogging the system with a frivolous lawsuit. It's the carrier that is responsible for dropped calls, not the hardware manufacturer. Besides I really doubt she could prove that her calls were worth the amount she is probably suing for, even if she somehow won.

Aug 21, 08 - 08:11 am Comment from: NCMacMan

Oh, pleeze!

Someone please do some tort reform! I bet that they didn't sue Microsoft for Vista saying it was advanced technology...

Alabama? Have you been to Alabama?

Possibly they have too many "Southern Cross" flags flying from the local towers.

Aug 21, 08 - 08:15 am Comment from: Buster

The problem with getting switchers is that the ranks of Apple users swell with whiners.....

Aug 21, 08 - 08:25 am Comment from: Macromancer

Being twice as fast as EDGE should have been a really low hurdle to clear. Seriously, EDGE is like getting sketches of websites delivered by carrier pigeon.

Aug 21, 08 - 08:27 am Comment from: Macromancer

"Possibly they have too many "Southern Cross" flags flying from the local towers."

I think you are referring to the Stars and Bars. The Southern Cross is the flag of Australia. Just sayin.

I'm amazed the lawyers didn't file suit in the Eastern District of Texas. Talk about needing reform!

Apple isn't innocent here. Come on people most of you will blindly follow anything Apple says or does and make excuses for them when they are wrong.

The twice as fast and half the price is a bold faced lie!!!! It's not twice as fast and it actually costs more over the required 2 year contract.

This may just be to try to reduce some of the switching to iPhones (and to the Mac) as Friday's multi nation roll out continues.

When innovation and R&D;fail, get out the lawyers!

Aug 21, 08 - 08:40 am Comment from: silverwarloc

Ever since I upgraded to the iPhone 3G, I've had more dropped calls than the previous model. Additionally, .mail, iCal, and my address book is not being pushed even though the settings are in push. Moreover, it's not just the dropped calls. I've experienced more applications quitting abruptly on this model than the previous one. I am still trying to resolve these issues with tech support. However, I just feel that people now a days are just too litigious.

Eastern District of Texas? Have you watched Southern California- Seriously, please class action our Legislature! They should be sued for "for the people!" Arrrrghhhhh, they only sue the wrong people!!

My over taxed, under-represented, FAILING, OVERSPENDING, LATE FOR A BUDGET-EVERY DAMN YEAR and partisan California government two cents worth!!!!!!

Apple ought to just give her a US$500 refund and make her give the iPhone back...

... then tell her 2 go back to her trailer and StFU. Damn whiners.

Eastern District of Texas? Have you watched Southern California- Seriously, please class action our Legislature! They should be sued for "for the people!" Arrrrghhhhh, they only sue the wrong people!!
My over taxed, under-represented, FAILING, OVERSPENDING, LATE FOR A BUDGET-EVERY DAMN YEAR and partisan California government two cents worth!!!!!!

Sorry, but it is so upsetting- had to post twice!!!

@NCG598

turn the reverb down a bit.

Not to get into a pointless flag discussion but the stars and bars is actually the first flag of the confederacy which mimicked the union flag but only had three stripes instead of thirteen (hence stars and bars). The southern cross is the confederate battle flag which is most familiar (giant blue x with stars - general lee and dukes of hazzard). The x is actually a St. Andrew style cross which is also part of the design that makes up the Union Jack (Great Britain) and is featured in the upper left corner of the Australian flag. Why the plaintiff being from Alabama would have anything to do with the lawsuit being frivolous is beyond me. The appropriate regional stereotype for that sort of thing would be New York or Las Angeles not Alabama.

CHECK!

Reverb level reduce-Check.

Sound system knobs netural- Check.

Good to go!!!, GGGood to gggooooo!!!!!!


DAMN!, DAMN!

Hate Vista, Vista.............

Regardless of her state of origin I do agree that the suit is frivolous.

Aug 21, 08 - 08:55 am Comment from: twilightmoon

Greg M "Apple isn't innocent here. Come on people most of you will blindly follow anything Apple says or does and make excuses for them when they are wrong."

Far from it. I just *hate* frivolous lawsuits.We ALL end up paying for it. It is theft from every customer that buys a product. Plain and simple.

I hate theft.

@silverwarloc

Dropped calls might be an issue with a small (~2%) of 3G models. If you are one of the few effected by this Apple says they are working on a software fix. It's hard to be sure what is causing your dropped calls since network coverage and many other issues could be at play.

Push issue you don't mention if you're using MobileMe or Exchange, but that is an issue that Jobs says they will be working on if you're using MobileMe, and they have given an additional 60 days free. I don't use the push feature, I just use sync myself.

Apps quitting? Like Safari? Mail? 3rd party? You don't specify. Third party did not exist before the 2.0 software came out. That's something I expect Apple will be working on over time to get it more stable. I had numerous Safari quits under 1.x tho.

Aug 21, 08 - 08:59 am Comment from: ron

"Apple, you say you're snappier, well, we're Trimmier. Show us the money."

Aug 21, 08 - 09:02 am Comment from: Mr. Peabody

Interesting world we live in...

Apple is under pressure to make things actually work because they, so far, refuse to follow the Microsoftian establishment where product is churned out with known flaws, many of them fatal, and that's okay because that keeps the buzillions of trained and certified MS IT and service techs feeding off of the calculated flaws that MS intentionally builds into their products.

Just for the sake of trivial pursuits, I wonder how many millions, nay billions, of dollars are wasted in billed time, salaries, and lost productivity on MS products and MS "Certified" products on an annual basis - And I have to, in turn, marvel at the amazingly subdued outcry.

Don't forget, for all of you long time Apple nay-sayers, that Apple computers and products are just toys - is it really worth a law suit? Wink wink, nudge nudge, say no more, say no more...

Thanks MS for setting us up for techno-communism where the real atrocities are eagerly overlooked and true innovation and problem solving becomes the scapegoat.

Here's a thought - Maybe that's why Apple keeps so much cash on hand, because they see the proverbial handwriting on the wall.

AT&T;needs to fix their damn network - when I have good 3G it is really fast.

Aug 21, 08 - 09:06 am Comment from: Demon

If Apple let the case in Alabama which they'll likely do. She stands a much better chance of loosing and the case being tossed on merit alone.
Her attorney was blinded with dollar signs and jumped in with both feet without looking. The fact that he's talking to the press even before Apple has been served said, all that needs to be said about his legal ethics.

Aug 21, 08 - 09:09 am Comment from: Mr. Peabody

@Useless and Questionably Accurate Information

You do live in the United States of America - Right?!

@ Mr. Peabody. Yes I live in the USA that's why I have (despite my public school education) a familiarity with US history including the flags of the most significant period since the founding - the Civil War. Side Note - Australians may refer to their flag as the Southern Cross but in the US the Southern Cross is the Confederate Battle Flag (actually the Confederate Navy Jack since is usually presented in rectangular rather than square format).

So that's what this was all about!

I bet some LOWyers hired some folks to start complaining and spreading rumours so they can sue

People have multitude of problems with other companies and phones, but it's Apple that is getting sued.

Bastards

Aug 21, 08 - 09:26 am Comment from: Mr. Peabody

@Rob

"Bastards" - That's exactly the word I wanted to use but my f@&#ing;literary ethics wouldn't let me - Damn it!

Sue happy people are jumping the gun as usual trying to make a quick buck through the legal system. It's not going to work, and Apple is working on all the issues and has proved that by releasing the firmware updates. There have already been two firmware updates in less than two months working on related issues. A third one may be on the way as soon as sometime in September according to other sites who have stated that Steve Jobs himself wrote them personally. I can't say if that was really him but most of the articles claim it was and that is all I'm going to state about that.
I find there lack of patience annoying. If it was as easy as flipping a switch, Apple would have done so long ago. This is very complicated and when Apple does something, they usually will persist until it is finished that pleases most people. Maybe that's why Apple was rated number one in customer satisfaction.

This seems to be a pattern that Apple is going the way of Microsoft. The new iPhone performance has been a dissapointment with the lagging OS and the signal quality. I never had to reboot a phone at least twice a day to get it to work properly, until the iPhone.

Sign me up for the lawsuit!
MDN, sometimes you guys really are too blindly loyal to see the light. You have to admit that once in a blue moon Apple does mess up. And this IS one of those times. I never heard the official statement from Apple that "The software update improves communication with 3G networks.'" So as an owner of the phone, the ONLY thing that has been communicated to me via the software update is that it was for "bug fixes." I have been an Apple faithful user and evangelist since 1984, but as a new 3G owner, I have to say this baby is not what it is advertised to be. I have been running 3G/EDGE side by side speed tests all week and EDGE wins every time in every location against 3G when it comes to loading pages. Many times, like this morning, I couldn't get a page to load at all. Then I switched over to EDGE and like magic my page loaded no problem. And I am not in the sticks. I live in the metropolitan Boston area and work in downtown Boston all areas which AT&T;"claims" are totally covered for 3G on their coverage map. Well, if the coverage map is accurate then the iPhone 3G has a problem. Or, to give Apple the benefit of the doubt, maybe AT&T;is not being truthful with their advertising of the coverage. Most of the time I can barely get 2 bars. I am not a big fan of class action suits but I really feel that I have been duped by one of the companies or both.

@silverwarloc

I found that you have to be very careful to have exactly the right mobileme and application settings on all computers being used to sync and push. After you double check, go to mobileme system preferences, and click on the Advance button in the Sync tab. Select "Reset Sync Data" and choose Calendar from from the choices offered. This finally got iCal working in push mode for me. Pretty cool to see all my calendars updated on four Macs + my iPhone. I posted a more complete step list in the Apple support forums.

Now, who's going to sue Microsoft for "Play for sure"?

GOOD - They should be - Where do I sign up?????

Aug 21, 08 - 10:13 am Comment from: lurker

I'm kind of with Nutcracker. Just release her from her contract and buy the phone back.

I'm assuming they are defining the class as all 3G iPhone buyers. Proving actual damages to every member of the class due to a slow connection or a dropped call would be really hard to do. If 3G is twice as fast as EDGE even most of the time it would seem like a fairly hopeless suit.

Aug 21, 08 - 10:17 am Comment from: Mr. Peabody

@Pete,

Exactly.

Impunity - Now there's a word!

Why is it in America, that everyone wants you to fail?
Friends, family, new products.
If you get ahead, overcome adversity, and make something of yourself, people come after you like you murdered their child.

This is something I have never understood, and in my opinion it needs to end.

It sickens me to no end.

Aug 21, 08 - 10:58 am Comment from: neomonkey

They has the intarweb in Alabamy? Who knew? I wonder if Jessica Alena Smith's reception problems are only in her outhouse...

Aug 21, 08 - 12:00 pm Comment from: Eric

I'm gonna sue Honda... My Civic Hybrid is only getting an average of 43MPG, not the advertised 45!!!

Damn them! Damn them all to hell!!!

Aug 21, 08 - 12:04 pm Comment from: HazMatt

Buster says:
"The problem with getting switchers is that the ranks of Apple users swell with whiners....."

Are you kidding me? Apple users have ALWAYS been the loudest whiners! This is my subjective, anecdotal-evidence-based opinion, of course.

Aug 21, 08 - 12:28 pm Comment from: LordRobin

Whoop-de-do, another class-action lawsuit. Five years from now, former owners of iPhone 3Gs will get $20 coupons for iTunes. Meanwhile, the lawyers pocket millions. Remind me again how this helps consumers?

------RM

Aug 21, 08 - 12:40 pm Comment from: KingMel

@ Buster

Unfortunately, we had plenty of whiners prior to the increasing success of the 'switch' campaign. And let me state (before I get flamed by the overly sensitive) that there are legitimate gripes/criticism and there is whining. I support the concept of seeking for improved performance and functionality. But I get tired f the excessive expectations of perfections, and the egocentric viewpoints of those who feel that, if they have a problem, then it must be rampant and the result of incompetence at Apple.

I'm not defending lousy products. But there are a lot of them out there that do not seem to generate class action lawsuits or international outrage at the drop of a hat. Apple generally seems to try to rapidly and effectively address its problems. Steve/Apple has acknowledged the MobileMe issues and provided 90 days of free service as compensation, for instance, while also assigning top personnel to fix it. I say give Apple a break, for once.

Aug 21, 08 - 12:47 pm Comment from: KingMel

@ Eric

And your MPG goes down even further when using gas with 10% ethanol, since ethanol contains about 66% of the energy of gas by volume.

MDN - "A mere six weeks after initial release, Apple is perfectly within their rights to be fine-tuning and optimizing iPhone 3G software, if that - as we currently believe - is indeed what's happening."

Uh, yeh, I think that's called Beta-Testing on your customers.

Not that everyone doesn't do it, they do......doesn't make it right.

Try that crap with a pistol, or a chain saw....

Apple's made a huge mistake sewing this up with ATT, MANY people I know won't buy something they REALLY want (iPhone) because of ATT, including myself.

Aug 21, 08 - 01:36 pm Comment from: Mr. Peabody

@LordRobin,

Your comment helps lend a large dose of perspective.

@MeanGuy,

As does yours, at least with regard to ATT [insert any cellular service provider here], and the mob tactics used by it and all of the big cellular providers via "contracts", and etc.

I don't believe for one moment that suing Apple is going to make them move any faster, in no small part because I believe that they are already in high gear because this is a premiere, top-of-the-line product for them.

And with regard to ATT culpability, uh, yeah, exactly - It's a service that does and will always have a huge variability in quality of service based on where the end user is located [and without any regard whatsoever for what flag may be flying over the users outhouse]. For instance, I don't even get the choice of whether or not I want to use the iPhone because ATT has no service where I live - at all.

And lest we all forget, at most, this is 50% Apple's issue. Does anyone think for one moment that Apple is happy being stuck with a single service provider - hell no. They want to sell as many phones as possible, and I for one have little doubt that the iPhone was offered to more than one service provider before ATT, and once ATT gave the green light, and knowing what the potential of the iPhone was going to be if things went well [and they obviously have], they accepted the iPhone into their fleet of phones as long as Apple agreed not to keep shopping around for x-number of years. Duuuhhhh.

I work day in and day out with high end Apple hardware and software, and support it, and it ain't perfect - but the alternative, at best, is no better, and my personal experience has been that it is decidedly worse, (the alternative that is). My personal experience also indicates that Apple always intends for it's products to be the best, and to make its products function as close to perfect as humans can make computers function. My experience does not indicate this for Apple's primary competitor.

Make no mistake, this suit is frivolous. At the same time, Apple should continue to keep the late night oil burning getting the bugs out, those that Apple is directly responsible for that is, [which is not all of them]. A law suit - what laugh.

What are the damages? The cost of the phone and the service plan? Big deal.

The first thing they should do is tie her tubes. Best way to limit further damage...

I installed Apple's 2.0.2 update on Wednesday. Now, I'm getting 1 bar of signal strength in what once were 2-bar, 3G areas and half a dozen or more call fades and drops with each 3G network call. The iPhone doesn't seem to roll over to 2.5G Edge at all. Before the update, I had similar problems, but they weren't nearly this bad.

And this morning, I couldn't had no 3G Internet access at all in Folsom, California -- even though I was in a 2-bar (3G) and 5-bar (2.5G) area.

2.5G network calls work fine, and I'm also getting much better battery life than before. I think the previous software update was draining the battery in less than 4 hours each day.

Apple quality cntrol thesedays is awful.

Shame on you, Jobs!

"Dropped calls might be an issue with a small (~2%) of 3G models."

Well it's happening with 100% of the iPhones I own. So I really don't care to much if you're GUESSING that it's 0.2% 2% 5% 50% or 100% of phones that have problems.

One way or another I expect Apple to fix this, software, new phone, whatever.

Aug 22, 08 - 03:53 pm Comment from: bobchr

When are people going to realize that they can't sue for this kind of thing first because the cell phone companies have fine print in all their contracts that cover them as does Apple with it's software and hardware EULA's. Take your unreasonable expectations and find a better alternative. Any lawyer that takes this case may just make the idiot of the year awards. The language of the user agreements and contracts are written so as to void expectations where circumstances are not optimum for operation. Don't like the Iphone 3G, I understand RIM is introducing the curve via ATT in a couple of weeks.