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Sat, Nov 21, 2009 - 02:34 AM EST  —  AAPL: 199.92 (-0.59, -0.29%)  |  NASDAQ: 2146.04 (-10.78, -0.5%)

More class-action lawsuits filed against Apple and AT&T over iPhone 3G reception
Tuesday, February 03, 2009 - 12:57 PM EST

"Apple and AT&T are facing two more cookie-cutter lawsuits over what customers claim is poor iPhone 3G network performance and hairline cracks in the casing," Zach Spear reports for AppleInsider. "The latest pair of suits, identical in almost every way save for the names of plaintiffs, join two from last week."

Spear reports, "Florida residents Onel Gonzalez and Ron J. Brayteson filed a 24-page complaint in the Southern District of Florida on behalf of themselves and all members of the class in their state, demanding statutory, compensatory, and punitive damages plus interest. They also seek a ruling deeming Apple and AT&T's practices ruled unlawful, an injunction preventing them from 'continuing to disseminate false and misleading advertising,' and pay restitution for any ill-gotten gains."

Spear reports, "Meanwhile, New Jersey resident Timothy Ritchie filed a 23-page complaint in the District of New Jersey for himself and all similarly situated members of his state, making the same demands as Gonzalez and Brayteson. Ritchie claims to have purchased his iPhone 3G in September 2008, while Gonzalez bought one in June 2008, and Brayteson in August."

"Both suits use many of the same allegations made in the class-action lawsuit filed by four Texans last week, right down to the same phrasing," Spear reports.

Full article here.

[Thanks to MacDailyNews Readers "Fred Mertz" and "James W." for the heads up.]


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Feb 03, 09 - 01:02 pm Comment from: Buster

Kinda makes you not want to make ANYTHING.

Sue sue sue.....cripes almighty.

Feb 03, 09 - 01:02 pm Comment from: jtc

is there some kind of get rich quick scam for buying an iphone and suing apple?

Feb 03, 09 - 01:07 pm Comment from: MM

I believe Apple sues everyone... So in turn Karma.

Now Apple gets sued left right and center.

Feb 03, 09 - 01:10 pm Comment from: abnsdf

Wow, what legal geniuses jtc and Buster are. What legal strategy do you advise Apple to employ? The whiner defense?

Did you ever think that these people may have a legitimate case? Explain.

Feb 03, 09 - 01:11 pm Comment from: Rike

Is there a get rich scheme a person could use against the lawyers? Oh, Bernie Madoff already did that. Take that lawyers!

Feb 03, 09 - 01:13 pm Comment from: Rike

@abnsdr
The answer is No. If all the complaints are the same. Has one been filed in East Texas yet? Maybe I should hurray.

Feb 03, 09 - 01:19 pm Comment from: abnsdr

Rike:

"No?" Brevity is the soul of wit, but you're multiple syllables short of an intelligent response. Would you be able to explain how Apple is innocent or, at least, suggest a reasonable strategy to win?

Feb 03, 09 - 01:19 pm Comment from: silverwarloc

@abnsdf:

The answer to your question is yes. However, you also have to take into consideration the intent of these individuals. Take a look at, for example, the contract you sign when you make ATT as your subscriber. It clearly states on that contact that signals may vary. If these individuals did not read that, then the onous is on them. If they did not understand what that meant, they should have asked the ATT rep. If the individuals were still not comfortable with what they were about to purchase, then they should have walked away.

This to me sounds like a buyers remorse.

Feb 03, 09 - 01:32 pm Comment from: Si

I hope this lunacy doesn't go air-born and infect the rest of the world...

Feb 03, 09 - 01:38 pm Comment from: abnsdr

silverwarloc:

In other words, Apple and AT&T;conveniently hide that fact that iPhone reception cannot in any way be guaranteed in a morass of contractual legalese. This is a cowardly way out of deflecting corporate responsibility.

Apparently, Apple and AT&T;are more concerned with sales than consumer satisfaction. Had Apple and AT&T;recognized that certain networks or regions of the country had no or spotty service both Apple and AT&T;should have restricted sales of iPhones to areas of the country where service is better than a meager.

I reckon, the "Just works." philosophy is no longer applicable to Apple.

Feb 03, 09 - 01:40 pm Comment from: Spark

I don't know whether I am lucky or unlucky in that ATT has the best cell coverage in my area. As sucky as it can be, I know from experience that that every other carrier is worse. There really should be no one of mobile phone buying and contracting age that doesn't know that cell service in this country is spotty. That said, I don't get the impression that ATT is doing all it can to improve and flesh out its 3G network.

Feb 03, 09 - 01:51 pm Comment from: Rike

@abnsdf:
I'm not a lawyer and do not have explain anything to you. Your writings suggest you've had a very bad day, to say the least.

Feb 03, 09 - 01:58 pm Comment from: krautpastry

This is why I don't have an iPhone because AT&T;sucks at my house and T-Mobile rocks. But notice, that I made the decision NOT to buy an iPhone because of that fact. As was stated above, the contracts always say signals may vary.

On another note, this is why I hate the Apple/AT&T;contract and pretty much all cell phone contracts. In my case, where T-Mobile has really good reception, why can't I just take my iPhone to that network (without jailbreaking,etc.)? It just seems silly. Or even better, switch carriers as reception strength changes.

Feb 03, 09 - 02:03 pm Comment from: tank

@abnsdf

All carriers have contracts with similar verbiage regarding signal strength and most consumer contracts are not in legalese. It's interesting how you've already come to a verdict before hearing any of the facts. Is it possible Apple/ATT are guilty? Yes. But it's also possible they are not.

Feb 03, 09 - 02:06 pm Comment from: abnsdr

Rike:

Your attempt to rationalize corporate malfeasance and/or misrepresentation merely shows that you have no respect for the consumer. Substitute "Microsoft" or "Palm" in the article and you pathetic Apple fanbois would be demanding that they be prosecuted to the fullest extent of the law.

Feb 03, 09 - 02:11 pm Comment from: abnsdr

tank:

If Apple and AT&T;are not guilty of any wrong doing why do fanbois become apoplectic?

If all carriers are similarly incompetent or incapable of providing adequate service, what advantage is there to purchase an iPhone?

Feb 03, 09 - 02:12 pm Comment from: Demon

Plastics crack when handled improperly and cell phone network and traffic is a crapshoot at best, no matter what network you're on.

If your iPhone case is cracked and it's under warranty and you haven't abused it! Apple will replace it, plain and simple.

The problem is too many people treat their iPhones like they are armored and indestructible, Patrick Norton for example. The truth is all cell phones are very easy to break and crack when you abuse the device. Yes, the iPhone is very rigid and quite strong but, it's not unbreakable. One of the main components that makes the iPhone rigid is a large piece of glass. Yes, that glass is strong but it is still glass.

Polycarbonate Plastics like that used for the iPhone case are unaffected by hairline cracks. These cracks do not reduce the strength or durability of the plastic. And most are only surface cracks caused by the stress of user abuse.

Must of these issues are resolved out of court. But, Apple can make it very, very expensive for the filers.
The most that they stand to gain is a replacement iPhone as their iPhones are still under warranty and they're not entitled to more then that.

Feb 03, 09 - 02:12 pm Comment from: abnsdr

"If all carriers are similarly incompetent or incapable of providing adequate service, what advantage is there to purchase an iPhone?"

iFart

Feb 03, 09 - 02:31 pm Comment from: nekogami13

Most cell phone contracts also have escape clauses-if the service sucks or is nonexistent in your area you can return the phone, get your money back and walk away in the first 30 days.

People need to quit being lazy jackasses with their hands outstretched for a payout.

Feb 03, 09 - 02:32 pm Comment from: Willie G

@abnsdr,

You are either truly naive, or simply want to try and get a rise out us. Every single cell phone company has issues with reception in different parts of its network. It is simple and unavoidable fact of life.

To that, you ask what advantage there is in having an iPhone? Well, since you are clearly too obtuse to see it (or again are being needlessly antagonistic) I'll spell it out for you. Network issues or no, the iPhone is simply the best of class among all mobile phones at the moment. It is more powerful, capable, and refined than anything to come before or sense. It should be clear even to one so intellectually challenged as yourself the scope of the impact that this device has had on the mobile phone sector; if not evidenced sufficiently by the remarkable place Apple has carved in said sector, then certainly the dearth of imitators that have followed speaks volumes.

Finally, how it is that Apple gets thrown into conversations about AT&T;'s 3G network is truly beyond all reason. I realize that we are all used to Apple controlling the whole widget, but they have 0 control... wait let me say that a little louder so those of you in the back can hear me... *ahem* APPLE HAS NO CONTROL OVER AT&T;'S NETWORK. It is analogous to suing Apple and your ISP because your internet speed is not as fast as promised. It's idiotic and wreaks of desperation.

Feb 03, 09 - 02:32 pm Comment from: Big Als MBP

@ abnsdr,

Did you read the contract you entered into with Microsoft the first time you started up that computer you're using?

The bastards that pay your bills really hosed you over with that legally binding software agreement. Imagine the nerve of them keeping your data in constant danger of theft and taking no responsibility for their very flawed OS that you paid for in good faith.

Where is your lawsuit? What are you waiting for? Unlike these idiots, you really do have a case.

Feb 03, 09 - 02:35 pm Comment from: Da'Cuda

"This is why I don't have an iPhone because AT&T;sucks at my house and T-Mobile rocks."

Thats funny. At&t;and T-Mobile piggy back equipment. Same towers, same FW5000 DS3, shared fiber backbone. Strange how viral the anti-at&t;stuff can get on the web. Sometimes it just defies logic.
Yes I know what I'm talking about. I am a DS3/Cell site design engineer for at&t;.

Feb 03, 09 - 02:35 pm Comment from: ElderNorm

@ MM (Microsoft Mania) ??

"I believe Apple sues everyone... So in turn Karma.

Now Apple gets sued left right and center."

Hmmmm, actually I know of very few people or companies that Apple has sued. And many less that actually did not deserve to be sued. grin

Actually, if these suits result in wins, pretty much every phone by every service with every provider becomes fodder.

HEY, I had a dropped call. I want to sue. grin

Feb 03, 09 - 02:37 pm Comment from: Willie G

Oh, I almost forgot, there is also an issue with cracks. Well, I will say that I have had my iPhone 3G since late last August, and it has no cracks at all.

I suspect it has something to do with me treating it like a handheld computer I paid hundreds of dollars for, rather than a free little POS Samsung or LG handset worth $40.

If there is a large constituency out there who do take reasonable care with their phones, yet have still developed these cracks; then I agree that Apple needs to address the issue. But this issue is wholly separate from that of AT&T;'s network.

Feb 03, 09 - 02:41 pm Comment from: maclover

simple - the laywers put schmucks up who gain almost nothing, while the lawyers get immensely wealthy.

Feb 03, 09 - 02:42 pm Comment from: almux

Hopefully the new US gov will do something about this crazy habbit of $ suing all the time!
I guess there will still be enough to do for juges and attorneys...

Feb 03, 09 - 02:45 pm Comment from: ElderNorm

@ abnsdr

"iFart"


Yes you do. LOL grin

Feb 03, 09 - 02:50 pm Comment from: Spazakis

ATT's service does suck (in the NE). I changed from Verizon because of the iPhone but really have experienced a staggering amount of drop out whether in the city or highway. Still the iPhone experience makes it worthwhile.

Also ironic, given ATT's advertisements about the silent dropouts on other carriers.

And yes, the lawyers clean up. What else is new?

Feb 03, 09 - 02:50 pm Comment from: ElderNorm

@abnsdr,

"Your attempt to rationalize corporate malfeasance and/or misrepresentation merely shows that you have no respect for the consumer. ...."


"If Apple and AT&T;are not guilty of any wrong doing why do fanbois become apoplectic? "

To you and the others that think this way...... er......

I was going to say something intelligent by it would be lost, I am sure.

Why can't I :
buy a ford and blame chevy?
require everyone in the world except me to be perfect?
be taken seriously by the intelligent people reading here at MDN?

er. I do not know you very well, but the problem sounds like it starts with you. grin

Just a thought.
en

Feb 03, 09 - 02:52 pm Comment from: Rike

@abnsdr
Now you finally write the truth. You called us "Apple fanbois." You are right and we are proud of the fact. I'm an Apple stockholder, amongst many other stocks, therefore I'm okay coming to this site. You, on the other hand, are an idiot to even come here. What do you gain? Go back to a M$ site where you can be one of the lemmings.

Feb 03, 09 - 02:57 pm Comment from: Rike

@Da'Cuda
I switched from ATT to T-Mobile because of too many dropped calls and poor reception. I'm in the midwest, a daughter is 70 miles away, my wife works 9 miles from home, and my son is in college further away. I could not get a stable call from my home to my wife or the kids. But on T-Mobile everything seems to work fine. I'm not a cell engineer, but I certainly know which cell company works for me.

Feb 03, 09 - 03:02 pm Comment from: @abnsdr

It sounds like you are a bit sore today after taking it in the back door by your friends at Microsoft and RIM. Next time, I suggest that you try AstroGlide, which is highly recommended for such activities. I hope this might adjust your attitude, you frickin' troll.

Feb 03, 09 - 03:35 pm Comment from: abnsdf

Thanks for confirming my low opinion of Apple fanbois and the low intelligence of Apple fanbois.

Feb 03, 09 - 03:45 pm Comment from: Spudly

Parasites. Here's to hoping Apple & AT&T;quickly bury these ambulance chasers!

Feb 03, 09 - 03:54 pm Comment from: abnsdf

Rike wrote, "I switched from ATT to T-Mobile because of too many dropped calls and poor reception.... But on T-Mobile everything seems to work fine. I'm not a cell engineer, but I certainly know which cell company works for me."

Explain why Apple has chosen to continue to sell a product that is limited to a functionally inferior network. After that, explain how Apple's relationship to ATT is beneficial.

Feb 03, 09 - 04:28 pm Comment from: Rike

@abnsdf
You asshat! Bye bye!

Feb 03, 09 - 05:03 pm Comment from: abnsdf

Rike:

Thanks for proving my point, fanboi. Too bad that you lack the mental acumen required to explain your "thought" processes.

Feb 03, 09 - 05:05 pm Comment from: Willie G

@abnsdf:

The only thing that has been confirmed so far is that

a.) You can offer nothing in support of your trollish argument
b.) When backed into a corner, you result to petty name-calling
c.) You cannot decide if your handle is abnsdr, or abnsdf

Now, you ask how it is that Apple is continuing to sell a product that is, as you put it, on a 'functionally inferior network'. There are a few reasons for Apple's relationship with AT&T;. They are as follows.

1.) Apple does not own it's own cellular network
2.) Apple actually approached Verizon first with the iPhone, and they (stupidly) shot it down.
3.) AT&T;(Apple's second choice) did see the promise of the platform and gave Apple the right to utilize its network only with the promise of US exclusivity for a period of time. If you cannot understand why Apple agreed to this, see reason 1.

So, now it is your turn. Come with something other than an insult or a baseless and inaccurate assessment to support your claims, or take your trolling elsewhere.

Feb 03, 09 - 05:09 pm Comment from: Willie G

oh, and one more thing...

'Fanboi' is not a word. I believe the word you are looking for is Fanboy. Just because a group of morons decides to bastardize the language, it does not lend any validity to result.

Feb 03, 09 - 06:36 pm Comment from: abn

Willie G:

You're funny! I would label you an asshat (like Rike is prone to use), but such a pejorative term would be too complimentary for you, fanboi.

Feb 03, 09 - 06:59 pm Comment from: Mac Daddy

@abnsdr "In other words, Apple and AT&T;conveniently hide that fact that iPhone reception cannot in any way be guaranteed" blah blah belch fart.

It's radio.

"Explain why Apple blah blah drool duh. After that, explain how Apple's relationship blah, drip, drool (changes hands and manages to gain a stroke in the process)."

Wow. What an idiot.

.

Feb 04, 09 - 04:53 am Comment from: SKY LARK

@abnsdf

You ask -
"Explain why Apple has chosen to continue to sell a product that is limited to a functionally inferior network. After that, explain how Apple's relationship to ATT is beneficial."

Surely, while Apple are offers the iPhone for anyone to buy, it is up to the prospective buyer to engage in a some sort of responsible consideration to determine if the actual product is going to function suitably in their particular geographical locale.

Consumers who have not properly thought out the consequences of purchasing any specific product - which in this case is the extremely popular, coveted and "must have" Apple iPhone, as supplied by AT&T - can not expect litigation as a fallback, in regard to their failure to understand the product and the service alike.

As for the what "advantage is there to purchase an iPhone?' - that is up to the enlightened individual to decide.

Feb 04, 09 - 12:06 pm Comment from: feral

My biggest peeve is the number of dropped calls.
It is unusually high with 3G compared to E in my experience, and there is a big difference between the first generation,which had less, and the second gen iPhone.
I do believe the onus is on AT&T;more so than apple to provide the best network experience and quite frankly they should be reamed for it.

It would be an interesting comparison , hypothetically , if performance could be measured across all carrier networks.
Do other counties have similiar problems?

and where the hell did ampar go?

Feb 04, 09 - 02:08 pm Comment from: Willie G

@abn,


Well, your scintillating rhetoric has just solidified my aforementioned summation of you. You love to talk a big game, but when rebutted with intelligence, and offered counter-points all you can do is hurl insults like 'ass-hat' and use make-believe words like 'fanboi'.

I thank you for this, as now I know I needn't waste my time debating with you, as you are clearly out-matched. Feel free to post whatever ludicrous playground insult you wish, you will get no further response from me unless you can offer up something meaningful.

@feral,

I agree with you. AT&T;'s 3G network does drop calls like crazy. This happens with my neighbor's AT&T;Blackberry as well. My solution thus far has been turning off 3G and only enabling it when I am somewhere with no WiFi and need to do something requiring internet - which is not very often. The EDGE network produces perfectly clear, reliable, stable calls; and my battery life is better.

Feb 04, 09 - 03:43 pm Comment from: Macado

Lot of angry people out there.

Feb 04, 09 - 08:06 pm Comment from: feral

Thanks for the insight Willie G
Maybe something good will come from this after all.

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