[Edward Kirk]

Some users have been experiencing some problems with the 3G on their iPhone 3G, and one new owner has decided to try to get her money's worth. A women in Alabama by the name of Jessica Alena Smith has filed a lawsuit against Apple for selling her a device that didn't meet all the hype in the advertisements.

Smith purchased the device in response to Apple's very convincing advertising. "One could barely turn on the television without hearing that the new iPhone 3G was 'twice as fast for half the price,'" reads the complaint. However, from day one her device's data connection, e-mail, SMS, and other communications were slower than she had expected them to be. This is particularly unusual given that her home area of Birmingham, Alabama has comparatively excellent 3G coverage compared to other locations in the US.

Of course, she's far from alone in her frustration. As you might remember, several users have been reporting issues with 3G coverage, and still others are reporting issues with the latest software update.

She knows she's not alone, too. That's why she is asking that her case be approved as a class-action case, and request that Apple be ordered to repair all of the "defective" devices, as well as pay unspecified damages, pre- and post-judgment interest on monetary relief, and attorney's fees.

[via Ars Technica]

[BZATWORK]

I'd like to sign up for this lawsuit. My 3g connection is inconsistent.

[Beast]

My sisters and brother-in-law all got a new 3G and have been so frustrated with dropped calls, missed calls, and overall poor reception. Hopefully this is fixed soon (either by lawsuit or by software update).

So, there's a 30 day return policy and a one year warrenty. She's got zero grounds for a lawsuit. Wow...good ol' Alabama. Keeps on crankin' out real winners.

[Catasphere]

I'm totally for it. I feel like destroying my iPhone sometimes, and hopefully this will show Apple not to rush their products.

Its about time someone stood up to Apple! Claiming a phone is half the price, when it is in reality more expensive is false marketing. Not to mention the crappy 2.0+ software that is so buggy I almost threw my 3G out of a window today. I hope she wins.

[ghp2006]

Originally Posted by Unregistered

Its about time someone stood up to Apple! Claiming a phone is half the price, when it is in reality more expensive is false marketing. Not to mention the crappy 2.0+ software that is so buggy I almost threw my 3G out of a window today. I hope she wins.

It is half the price of the original.
As for this frivolous suit - it has no legs because no attempt was made to obtain a replacement phone. But there is always a lawyer looking for headlines and a quick buck.

If I had my way, any lawyer presenting such crap before a court should be severely fined and face disbarment.

ajm

[jdha2875]

Where do i sign? I am a little disappointed not to just the network issue but the battery life, the freezing and the application downloading always saying to retry or that it will be available to download from the apple store when you connect.

[jdha2875]

You are right about the warranty and the return, but the point is that return it for another piece of crap or false advertised item. Her point is to get it fixed sell what you advertise and stand behind it and follow threw, although I am not the brightest bulb myself but thats how I understand it. And as an iPhone user i want it to work, the way it supose to .

Originally Posted by ghp2006

It is half the price of the original.
As for this frivolous suit - it has no legs because no attempt was made to obtain a replacement phone. But there is always a lawyer looking for headlines and a quick buck.

If I had my way, any lawyer presenting such crap before a court should be severely fined and face disbarment.

ajm

I have a 3G and it's by far the best phone I've ever owned by a long shot. I'm not seeing any of the problems you people are crying about in some of these threads. WTF. I live in Maryland and have not had a single dropped call or time where a call didn't go through in the month I've owned the phone!

Besides that, we are all holding one of the most innovative devices in recent years, one that has craploads of free apps that pummels any other phone out there, and a very good internet experience in our pocket---all for $199.

I just don't get it.

Latest upgrade killed my 3G connection completely, so now what. The only workaround i could find is to move back to Edge which is not why I purchased the new one. I would love to get in on this law suit.

[exbusfish]

Do you guys realize that to sue you must prove DAMAGES? Have you had more dropped calls than on any other phone on other services? Even better, for those of you who are complaining, did you call AT&T or go to the Apple Store? Have you done a restore down to the 2.0.0 software version? If not, SHUT UP!

I have had almost every type of phone available and I have to say that it is the most innovative and pleasant smart phone experience I have ever had! Also, the possibilities are ENDLESS with the app store, GPS, Wifi, and the 3G connection.

Originally Posted by exbusfish

Do you guys realize that to sue you must prove DAMAGES? Have you had more dropped calls than on any other phone on other services? Even better, for those of you who are complaining, did you call AT&T or go to the Apple Store? Have you done a restore down to the 2.0.0 software version? If not, SHUT UP!

I have had almost every type of phone available and I have to say that it is the most innovative and pleasant smart phone experience I have ever had! Also, the possibilities are ENDLESS with the app store, GPS, Wifi, and the 3G connection.

So, you're saying, the Apple is allowed to lie as long as you are happy? And, of course, the service is MUCh better than when we had to yell out of our cave entrances so it must be that we're all just expecting too much?

Or could it be that you just had to say something in order to keep the keyboard clicking, the sound of silence was too loud for you?

Originally Posted by Dttah214

So, there's a 30 day return policy and a one year warrenty. She's got zero grounds for a lawsuit. Wow...good ol' Alabama. Keeps on crankin' out real winners.

Your just mad because you didn't have the guts to face Apple yourself. OH, and you spelled warranty wrong.

Where the lawsuit should point, is at AT&T who is providing such poor 3G coverage and support, even where coverage does exist it's poor and we are paying $15/mo extra for the same level of service we had with the original iPhone. With Apple it's a supposed deception in advertising, with AT&T it's pure THEFT by taking money for services you can't provide. It's not as is Apple didn't inform AT&T that they were going to be introducing 3G with their new iPhones in July.

Apple has taken a beating with each iPhone with STUPID frivolous lawsuits from customers suing for outrageous Roaming bills when out of country to suits when the price dropped $200.

Where are the Ambulance chasers when they are really needed?

Originally Posted by Unregistered

Its about time someone stood up to Apple! Claiming a phone is half the price, when it is in reality more expensive is false marketing. Not to mention the crappy 2.0+ software that is so buggy I almost threw my 3G out of a window today. I hope she wins.

As a previous respondent said look at the real "Thief" AT&T they set the prices for service Apple just has exclusivity of iPhone advertising in the US and advertises with what it is dealt. AT&T is the one charging $15/mo more when 85% of the US geographically cannot take advantage of that 3G service. As has been seen in blogs past AT&T is not providing 3G coverage even where their coverage maps say it should exist.

What I'm shocked over, is that no one is blaming AT&T. The phone is advertised to be half the price. It's $199. I paid $600 for my first gen iPhone. That's more then half the price. It's also advertised to SUPPORT 3G. Does it support 3G? Yes it does. Are the 3G specs twice as fast as Edge? Yes they are. So if the device supports 3G, witch is twice the speed of edge, then it is twice as fast just like they advertise. There dropped calls, slow and bad connection to 3G, has nothing to do with Apple or it's iPhone. It is AT&T not providing a good service to it's customers. If she wants to sue, sue AT&T. I love my iPhone. But I hate AT&T. I used to get a signal at my house when it was Cingular. Since AT&T took over, I can get a clear signal at my house. Bastards.....

[Beast]

Originally Posted by Unregistered

Its about time someone stood up to Apple! Claiming a phone is half the price, when it is in reality more expensive is false marketing. Not to mention the crappy 2.0+ software that is so buggy I almost threw my 3G out of a window today. I hope she wins.

It's not more expensive. The data plan ultimately is more expensive and that's not on Apple's end, that would be At&t. At&t never claimed anything about their plan being cheaper.

Also, I agree with some of the others here. She has no legs to stand on in this case. From a legal perspective, no matter how right someone may be, she has to have proof and legitimacy to win the case. Also, if you haven't learned from the past, in a lawsuit, it is generally the person with the most money who wins. It's the American way.

[jdha2875]

Originally Posted by Unregistered

you guys are idiots.
it's people like you that make america suck.

America Doesn't suck, however it is people that bring change when change is needed. It is not our fault Apple and At&t are not providing the equipment or service they claim. It is like anything else think back to when you were disappointed in a purchase or agreement, maybe a piece of electronics or a car etc. Did you do something about it or thought I don't want to make America suck.

[jwlussow]

Originally Posted by ghp2006

It is half the price of the original.
As for this frivolous suit - it has no legs because no attempt was made to obtain a replacement phone. But there is always a lawyer looking for headlines and a quick buck.

If I had my way, any lawyer presenting such crap before a court should be severely fined and face disbarment.

ajm

Thank you.... First, the phone is half the price. You can't consider the service as part of the cost. A car needs fuel but I've never seen a car dealer talk about the "true" cost of the car, just the car itself.

Second, people that file frivolous suits should be liable for their attorney's fees, court costs and the attorney's fees of the person they sue. That should include any time off required for the defendants. If their case is good then they have the right. If it is bad they deserve to pay ALL costs. Maybe that will free up the courts to get to the real cases, which this is not one of them.