MacDailyNews - Where Mac news comes first

 MacDailyNews Poll

Deal of the Day

5 Day Most Commented

Opinion Archive

Current Headlines

Latest Joy of Tech

  • Latest Joy of Tech!

MacNN

AppleInsider

Macworld UK

TUAW

MacRumors

Yahoo! Finance AAPL

iTunes Top 10 Albums

Mac OS X Downloads

Fri, Jul 10, 2009 - 07:54 PM EDT  —  AAPL: 138.52 (+2.16, +1.58%)  |  NASDAQ: 1756.03 (+3.48, +0.2%)

Apple sued for ‘hairline cracks’ in iPhone casing
Monday, November 17, 2008 - 03:32 PM EDT

"A lawsuit filed against Apple and AT&T on November 4, 2008 charging misrepresentation of the 3G speed of the iPhone on AT&T’s network, has been amended with an additional charge. The new charge claims the iPhone develops hairline cracks in the housing," Jim Dalrymple reports for Macworld.

"Filed in the United States District Court, Eastern District of New York, Avi Koschitzki claims in the amended charge that hairline cracks in the casing of the iPhone constitute unfair practices under the New York Deceptive Practices Act," Dalrymple reports.

More in the full article here.

[Thanks to MacDailyNews Reader "Jennifer" for the heads up.]

Bookmark and Share

Always -- Free ground shipping with orders over $50 at the Apple Store.

Reader Feedback: = registered.
Unregistered users: Feedback from multiple usernames are subject to deletion. Off-topic and posts from suspected astroturfers will be removed.

Nov 17, 08 - 04:41 pm Comment from: Passerby

Without commenting on the merits of this particular case one way or the other, I wonder how long it will be before we see a class-action suit filed on the basis "we'll find something to complain about by the time this gets to court."

Nov 17, 08 - 04:49 pm Comment from: Richie

So, how is a hair-line crack a misrepresentation? Maybe the guy just tossed his phone down to hard... hey lets sue the table manufacturer for having table tops made out of hard woods instead of softwoods... after all, manufacturers know we toss things down on the table tops.

Nov 17, 08 - 04:50 pm Comment from: ericdano

So instead of going and asking for a new one, he sues? Lame.

Nov 17, 08 - 04:55 pm Comment from: KenC

Well, I have the hairline crack issue, around the mute switch, and power button. The three little cracks around the power button don't bother me, but the one around the mute switch has cracked all the way to the chrome frame. Otherwise, my iPhone 3G looks new. I don't think people should sue, unless Apple is not exchanging handsets for those who complain. It seems like a bad batch of plastic could be the culprit. I can see Apple swapping out bad phones, and then refurbishing the units with new plastic cases. Not a big deal, really, though I was surprised to see the cracks in my case.

Nov 17, 08 - 04:56 pm Comment from: G4 Cube

For the last time, they're FLOW LINES!!

Seriously, folks, this is just another case where the only winners will be the lawyers. Both sides will get hefty legal fees, while the attorneys will get nice additions to their estates.

Nov 17, 08 - 04:57 pm Comment from: Wait! There's more...

While they're at it, why not sue Apple for everything wrong that has ever happened in history, not to mention everything that has yet to happen? I mean, Apple's got lots of cash, and the people suing them are a bunch of lazy, greedy slackers trying to make a quick buck. So if you're going to lie, why not go for the BIG lie? Ask for reparations and collect trillions of dollars for having offended generations of people who lived before computers existed. I mean, the possibilities are endless. The best thing is that obnoxious, ambulance-chasing two-bit attorneys will get even wealthier (you know the type - they're the ones who cut you off on the freeway because their Mercedes sedan is too expensive for them to afford to use turn signals while talking on their cell phone...).

What a great world. So let's destroy it by suing each other to Armageddon!

Nov 17, 08 - 04:59 pm Comment from: His Shadow

Good Old USA pioneer spirit of rugged individuality. Wah! My life isnt perfect. Someone must pay!

Nov 17, 08 - 05:01 pm Comment from: hey world I'm an idiot!

I drove my car into a parking lot barrier, and now the bumper is cracked.

I'm gonna sue the car maker, the lot owner, the architect, the contractor, the....

Nov 17, 08 - 05:30 pm Comment from: To: hey world I'm and idiot!!

Dude, that's not even a fair comparison. Bad example, bro....

Nov 17, 08 - 05:35 pm Comment from: jesus

How come nobody has sued microsoft. If any one "misrepresents", its them...

Nov 17, 08 - 05:39 pm Comment from: applegal

My white 3G iPhone also developed a nasty crack around the mute button. I am very careful with it and have never dropped (gasp) my phone. I took it up to the Apple store last week and they replaced it for me for free. So far no issues with the replacement phone but I have noticed the mute switch is now much tighter than it was before. You can no longer "flick" it - it has to be moved from top to bottom with your finger. Hopefully this will make it less likely to crack again and not the opposite.....

Nov 17, 08 - 05:43 pm Comment from: nanisani

I have a receding hairline and people are always making cracks about it. I really hate those hairline cracks. I'm very sensitive about my hairline.

Nov 17, 08 - 05:54 pm Comment from: Think

Wouldn't be the first time there was a bad batch of something on the assembly line. It happens.
When in doubt, go the the Apple store.

Considering the bad batch of things being made in China, hairline cracks are a little lower on the class action lawsuit scale.

How about lead in just about anything?
Or my favorite, melamine, an industrial chemical used to make plastics and fertilizer found in milk and pet food.

So keep it in perspective, yes you do have just cause to complain to Apple for cracks in iPhones.

Suppliers in China are a bit shady and quality control must be a nightmare over there.

Nov 17, 08 - 06:13 pm Comment from: Yes on 8!

I was sitting down during the last earthquake, that's how I got the crack in my ASS!!!
I'm suing the earf.

Nov 17, 08 - 06:51 pm Comment from: Lilochris

Let-em sue. I don't like the plastic casing really. It's not as durable as the old metal casing.

@Richie
You don't have to toss it around to get hairline cracks. My iBook G4 has never been tossed around & it has hairline cracks around the corners of the screen frame, the corners of the palm rests, & a really long hairline crack around the center screw on the bottom that seems to get longer about every month. All came after about a year of use which I've had since mid 2005.

Apple corrected that by making the Aluminum MacBooks. Apple has to make an aluminum cover again for the iPhone if they want to make the iPhone more environmentally friendly.

I'll wait for iPhone 3rd Gen or when they move to other cheaper carriers.

Nov 17, 08 - 07:17 pm Comment from: 7over

My white iPhone developed two hairline cracks. I took it in to the local Apple store and they replaced it right on the spot with no hassle, no receipt required, no nothing... I just put the phone on the counter and almost before I could finish asking whether they were doing anything about this issue, I was on my way out the door with a new iPhone.

No muss, no fuss. Standing behind their product is one reason I confidently recommend Apple's products to my friends and neighbors.

Adding this item to the lawsuit ? not at all necessary!

Nov 17, 08 - 07:31 pm Comment from: MikeR

Sounds like there are one to many Avi Koschitzki in this world!

MW: without=we can do without Avi!

Nov 17, 08 - 07:51 pm Comment from: Philip

It's Apple policy to replace any phone with hairline cracks. Period.

Nov 17, 08 - 07:52 pm Comment from: another tmf

My girlfriend developed a nasty crack too....

Nov 17, 08 - 08:20 pm Comment from: man

It happened to me but  replaced my phone the same day!  is amazing

Nov 17, 08 - 08:20 pm Comment from: iPhone drooler

@nanisani

ROFL! :-D
Your comment, while almost unrelated to the article, is responsible for a small puddle on my floor! *fetches mop and new garments* Please keep up the light-hearted humour!

God Bless!

Nov 17, 08 - 09:44 pm Comment from: me

Doesn't really say much for the long term durability of the iPhone if they're already cracking.

More cheap Apple junk.

Nov 17, 08 - 10:35 pm Comment from: Laura

Avi Koschitzki, the name says it all, oy vey.

Nov 17, 08 - 10:45 pm Comment from: simon Fuller

Another sad day in America, the rest of the world watches and laughs as usual. No wonder popularity is at its all time low.. Seriously, sort your crap out.

Nov 17, 08 - 11:31 pm Comment from: Rob

But Americans will have the last laugh

Nov 18, 08 - 12:25 am Comment from: JoshtheiMacGuy

I would not expect to get much out of it. Last year I recieved notice that a class action suite involving a stove I had bought was settled. I got a coupon good for about $100 off if I bought a new stove. The lawyers got millions of dollars. Yea, the represented me. Sure. No doubt about it. Right?

Nov 18, 08 - 04:31 am Comment from: Huh?!

What does any of this have to do with American politics?

Nov 18, 08 - 08:00 am Comment from: Crabapple

I once saw a nude actor with a hairline crack! it was located below his back between his legs, who should he sue for this? more so because the crack was large and the hairlines were to numerous to count!!!!

Nov 18, 08 - 09:12 am Comment from: British Mac Head

What gives with you Americans and your class action lawsuits.

Geez, The judge should be sacked for allowing it through the courts.

I mean, if you get a crack in a product and you complain to Apple you get a new phone under warranty. So why sue?

All polymers can have curing issues.

Here's a personal example:

I bought a set of Juggling clubs from a popular American manufacturer, who shipped them to England for me.

Over a period of time (2 years) the club bodies all cracked terribly. I did some research with a plastics manufacturer and he said it sounded like the plastic didn't cure properly and that weakened the polymer's structure. I sent the email to the club manufacturer and within 30 days I got a whole new set of club bodies. I actually apologised to his loss of profit and thanked the manufacturer kindly for the replacements. I said it was something that can easily happen to any polymer moulding and that I would happily recommend their clubs to everyone.

After reading this article I can now see why he was so prompt in sending me the replacement juggling club bodies. Obviously because he was afraid I would sue him. ROTFLMAO.


This sort of crap is starting to migrate to the UK too.

Litigation culture. Something for nothing. Makes a mockery of any judicial system.

I can see why you really dislike lawyers over there.

Nov 18, 08 - 10:06 am Comment from: JoshtheiMacGuy

More importantly, when are we going to get FLASH on the iPhone and iPod Touch?? This is a major deficiency when viewing the internet, IMHO. Other browsers will support it, why not Safari for the iPhone???

Nov 18, 08 - 06:44 pm Comment from: derekcurrie

Apple certainly deserves some of its lawsuits. The two suits against their lie that their laptop and iMac displays (and apparently the cheap version of the Cinema Display) can do 'Millions Of Colors' is my very favorite.

But in this case I have to wonder if they're being confronted with FUD lawsuits, designed to scare people away from buying the iPhone for no serious reason. At the very least these suits sound like frivolity. The 3G blunder code problem has been solved AFAIK. Hairline cracks are of zero importance if there is no detrimental effect.

Now, if we were talking about NASA and the Space Shuttle, yeah! We don't want any more dead astronauts, thank you brain dead bureaucrats and bean counters. But we're talking about a smart phone. How are either of these issues detrimental to customers such that a lawsuit is required? What am I missing here?

Nov 18, 08 - 07:13 pm Comment from: derekcurrie

OT! You have been warned! Danger! Danger! Politics AHOY!

simon Fuller sez: "Another sad day in America, the rest of the world watches and laughs as usual. No wonder popularity is at its all time low.. Seriously, sort your crap out."

I wish we could. There is actually a lot to comprehend about how things got so self-destructive over here. And yes folks, the USA is getting extremely self-destructive these days, it the world suffers for it.

The worst of it is that this country has become a victim of Madhouse Marketing.

1) We are drilled day in and day out to be good little consumers who spend until we're in so much debt that the bank pwns us. I call it 'Neo-Feudalism' where the people with the most real money win and get to lord over the rest of us. To simply be out of debt over here is a remarkable and highly prized thing in the midst of our Bush Depression. (No, it's not a recession. Consider me highly insightful).

2) There is this gang of nut-jobs who call themselves the 'Neo-Conservatives.' William Kristol, the F*CKER who published the 1998 manifesto to invade Iraq, is the most famous pundit thanks to his daddy having been a founder of the movement a few decades back. Ronald Reagan himself identified these morons as "THE CRAZIES" and avoided them whenever possible.

The Neo-Con-Job Crazies have pummeled the media over here for many years, on both radio and TV as well as printed page and the Net, with endless HATE PROPAGANDA. Some of the most well known pundits are Rush Limbaugh, Sean Hannity, Laura , Glenn Beck, ad nauseam. It is direcly parallel to the crap the Nazis pulled in Germany pre-World War II by Joseph Goebbels and his gang of liars. Here is some homework:

http://www.historylearningsite.co.uk/propaganda_in_nazi_germany.htm

This propaganda campaign has been so dramatically successful over there that it:

(A) Has turned otherwise nice, kind and well intentioned Christians into hateful crusaders against sanity and reality. You have to witness this to believe it. I'm right in the middle of it. So much for what Yeshua said. (Yeshua = actual name of Jesus). Instead what the Neo-Con-Jobs teach is what takes precedence. It's called 'cognitive dissonance'.

(B) In 2000 The Crazies took over the White House and using a total idiot who can't even construct a proper sentence as their hand puppet.

Crazy indeed.

MAYBE this place can get real and heal. But this past couple weeks the victims of The Crazies have been buying up every gun they can lay their hands on out of fear of what President Elect Obama is going to do when he gets into the White House.

These people aren't worried about having their constitutional right to privacy taken away. It's OK when The Crazies spy on we the people! It's OK if they attempt to take away our right to habeas corpus. It's OK to torture and destroy our adherence to The Geneva Conventions. It's OK to design and plan the deployment of 'Bunker Buster' nuclear weapons!

These nut-jobs are worried that Mr. Obama is going to take away our Constitutional right to bear arms. And they have zero reason to believe that will happen, except The Crazies told them it was going to happen and people listened and believed.

Run away! It's Barack Obama! The country is going to hell!

Huh? After 8 years of nothing but hell under the rule of liars, incompetents and morons, suddenly they think the USA might just go to hell. Sorry folks. We're there now. Thank you Neo-Con-Jobs.

Crazy crazy man!

So much for the Republicraps. Then there's the Democraps. Shot by both sides?

Reader feedback page 1 of 1 pages:

Always -- Free ground shipping with orders over $50 at the Apple Store.

Add Your Feedback:

Register or Login

Name:

Email: (optional)

Emoticons | Allowed HTML Tags

Remember my info   Notify me of follow-up comments?

Please enter the "MDN Magic Word" you see in the image below: