Slash Lane
The 23-page suit, filed in a New York district court by Nassau County resident Avi Koschitzki, joins a chorus of complaints (1, 2, 3, 4) filed earlier this year, each of which charge the iPhone maker and its exclusive US wireless carrier AT&T with misrepresenting the performance of the new touchscreen handset by advertising it as "twice as fast" as its predecessor.
"Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold," Koschitzki's attorneys wrote.
They claim that due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage.
Koschitzki also claims that he is among several customers who've noticed hairline cracks form in the iPhone 3G's casing at or around the camera module, and adds that some customers have noticed similar cracks immediately upon opening their new iPhones' boxes for the first time.
Hairline cracks on iPhone 3G. | Image credits: Nevin Styre, Apple support discussions.
"Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public," the complaint says.
Koschitzki, who is seeking class-action status on his suit, is also unhappy with the handful of iPhone Software updates released to date. He says they've failed to address a number of outstanding issues with the phone, ranging from third-party application crashes at launch to poor 3G reception.
The complaint, filed Wednesday, also names AT&T as a defendant.
William Gallagher
Christine McKee
AppleInsider Staff
Chip Loder
Malcolm Owen
69 Comments
Utterly ridiculous. Mobile phones are to be used, abused, and replaced. Not treated like some Ms. Prissy. The 3G claim is even further off the wall.
I say this as someone who a) has a BLACK iPhone and b) has no cracks:
I really like the plastic Apple has chosen--it has NO scratches even after being put in a pocket full of sand for a day. (Yes, really--I didn't realize the new jeans I bought would store so much gravel and release it over such a long period!) The chrome did scratch--the plastic did not. I'll accept the risk of a few cracks I won't notice. I'd notice scratches.
I'd certainly sing a different tune if I had major cracking problems--especially if they weren't just hairline, but actually developing toward breakage. I think Apple should replace the case if it arrived cracked, or became seriously cracked even when the user had not abused it (which I know is hard to judge).
I'm kind of glad my chrome edge got scratched early (nobody but me would notice anyway). Now I can get over the fear about something brand new, and just USE the thing!
I thought Apple would replace the iPhone if you had the cracks. If that is true then this is just a nuisance lawsuit.
Oh christ, a manufacturing problem and the whole phone is defective? Give me a break.
The performance issue isn't even an Apple issue! He says himself AT&T has an overloaded network. Just another greedy douchebag.
Jimzip
THIS is the new America. It has been a long time coming, but it is finally here.
Want to get rich quick? Even quicker than being a hedge fund manager? Then sue somebody with deep pockets over any little thing. Bought something you're not happy with? Don't take it back and get a refund: Sue the bastards! Feeling small and insignificant? Sue someone! Not happy with your current warranty or the results of the last election? Sue! Protest! Ignore the law! Don't let the SOB's get away with not bending to your will! Bring 'em to their knees! Cripple 'em!
(Oh, and don't worry about repercussions. There will NEVER be tort reform in this country like that in England. You won't have to pay a thing even if you lose the case, and the corporate brigands will be out millions! MILLIONS, do you hear?! That'll show 'em not to screw with a little guy!)