09/08/2008, 11:35am, EDT
Monday, September 8th
Apple, AT&T attacked in third lawsuit over iPhone 3G
A third lawsuit has been filed over problems with the iPhone 3G, documents indicate. Eulardi Tanseco has named both Apple and AT&T as defendants in a case brought to the US District Court for New Jersey, charging each of the corporations with violating the state's consumer anti-fraud law, as well as other protections relating to warranty and breach of contract. Apple "wrongfully and unfairly deceived its customers," according to Tanseco's filings, "by advertising and selling the alleged newer and improved iPhone 3G with the express and implied promise that this consumer product was a reliable and efficient mobile phone."
Echoing previous suits, Tanseco claims that after buying the device on July 11th, he immediately began having problems connecting to AT&T's 3G network, or alternately maintaining that link. He was more typically relegated to the carrier's 2.5G EDGE network, in stark contrast to Apple's marketing, which promises twice the speed of EDGE. AT&T is accused of participating in the fraud indirectly, by failing to warn customers that the iPhone cannot maintain a connection.
Tanseco further complains of the App Store, suggesting that programs sold there "consistently crash."
Should the lawsuit succeed, Tanseco is seeking compensation and punitive damages, as well as an injunction against the iPhone unless Apple changes its marketing or improves the device's reliability. The company has been given a September 30th deadline to respond to allegations.
Filed under: iPhone, troubleshooting, networking, iPhone apps, Apple
Other story tags: AT&T, iPhone 3G, App Store, lawsuits
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Silly Man
I won't deny the Iphone has problems. However, since you can return it within 30 days if not satisfied what could be the basis for the lawsuit?
I will conceed the advertising of "blazing fast speeds" should stop in certain areas where that is simply not true.
too many claims
he should stick with one thing. Throwing in any perceived claims against App Store apps does not help his main claim
app store and battery
My only complaint is that the battery life is horrible, and you can't download demos from the app store. With all this DRM they have built into the device why can't they offer 30 day trials of applications?
Huh?
"Tanseco further complains of the App Store, suggesting that programs sold there 'consistently crash.'"
So sue Apple over that? Most of the apps I use don't crash after 2.0.1, so if they're still crashing, why not blame the original developer instead of Apple? Oh, I know why. Let's sue Apple because everyone else is and it's the cool thing to do. At least put up a legitimate reason first.
Once again...
The iPhone is by FAR..THE single best technology purchase I have ever made. It is in fact a very reliable and fast device for me. In fact I now use my computer at home a fraction of the time I did in the past because the iPhone does everything I've relied on my computer in the past for.
If you are having problems with service, all I can say is..Move to the Midwest, you are suffering from the network congestion you will get on ANY service on both coasts. That is the reality of is all until the network can catch up.
Ambulance Chasers
When is Congress going to pass a tort law that makes them pay for frivolous lawsuits that will stop these ambulance chasers from trying to screw everyone.
Ambulance Chasers
When is Congress going to pass a tort law that makes them pay for frivolous lawsuits that will stop these ambulance chasers from trying to screw everyone.
Lawsuit
Amazing that people are still suing apple when independent test ruled out hardware faults (comparable with other phones of like caliber). Sue AT&T. It's their system that is failing. They are not living up to their promises. They are not using the same 3G as their international counterparts. iPhone has issues (noted issues). Like any software, it will be fixed eventually. Faster, I bet, than Windows CE or Mobile Windows.
Re: lawsuit
Amazing that people are still suing apple when independent test ruled out hardware faults (comparable with other phones of like caliber).
Who says they were 'independent' tests? For all we know, ATT paid them.
Sue AT&T. It's their system that is failing. They are not living up to their promises.
Sorry, but it is Apple who is doing the promising. They are the ones promoting the iPhone as 'twice as fast'. If the network can't handle it, then apple shouldn't be promoting it.
And ATT never comes out and says "and 3G is twice as fast!". They're smarter than that. Their lawyers learned the phrase "up to" long ago.
They are not using the same 3G as their international counterparts. iPhone has issues (noted issues). Like any software, it will be fixed eventually. Faster, I bet, than Windows CE or Mobile Windows.
What does ATT not using the "same" 3G (whatever that is supposed to mean) than the international counterparts have to do with it? Is that a reason for Apple to basically deceive in their advertising? "Well, your honor, if ATT used the same tech as used in Europe, we'd have no problem here".
It's AT&T
Really these lawsuits are laughable. Being Canadian, and therefore on a different network, I can say that the iphone connects fine and does in fact run very fast. As much as we Canadians hate Rogers, I have to admit that their 3G Network is quite fast and very reliable especially compared to AT&T. The issues outlined (other than app crashes) in his lawsuit should only be against AT&T as independent testing (and my own experience) has shown the iphone does live up to what Apple has advertised.