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Apple CEO Steve Jobs holding an iPhone 4  (Source: Brisbane Times)
Suit seeks unspecified damages

The iPhone 4 had only been on the market for a few hours when some users started to complain that the device had poor reception. Part of the issue is the design of the antenna, which is integrated into the phone and visible on the metal band sandwiched between the front and back glass of the smartphone.

Shortly after the issues caught on in the media, the subject of class action suits started being bandied about. The first of the suits has been filed and is seeking class action status in the United States Court for the District of Maryland. The two main plaintiffs in the case are Kevin McCaffrey of Nottingham, Maryland and Linda Wrinn of Baltimore, Maryland. The suit seeks a jury trial.

A few of the major claims in the suit are general negligence on behalf of Apple and AT&T, defect in design, manufacture and assembly on behalf of Apple, breach of express warranty and implied warranty by Apple and AT&T, deceptive trade practices by both companies and intentional misrepresentation by both companies. A total of nine claims are made.

The suit documents don't offer a specific amount of money being sought in the "Prayer for Relief" section and asks the judge to award any such relief that may be just and proper.

The early complaints allege that when the iPhone 4 is held just right the iPhone drops from four or five bars when sitting on the table to one bar or in some cases no service at all when held in the hand and much of the antenna is covered by the palm. The solution to the problem according to Steve Jobs is to simply not hold the smartphone that way.

Apple has continued to maintain that there are no reception issues on the phone and that the performance users are seeing is normal.



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9 Counts?
By Shatbot on 7/1/2010 9:52:10 AM , Rating: 2
I hate Apple more than anything, but nine different counts seems quite extreme - what sort of money could people get out of this?

Will Apple be subpoenaed to show it's internal memo's about the flaw or anything? Because that could get awesome.




RE: 9 Counts?
By theapparition on 7/1/2010 10:01:03 AM , Rating: 4
quote:
what sort of money could people get out of this?

Lawyers will make millions while Apple consumers will get a $10 credit at the iTunes store.

Most class actions net virtually nothing for the plantifs involved.


RE: 9 Counts?
By DarkElfa on 7/1/2010 10:06:41 AM , Rating: 2
True, but class action lawsuits have never really been about getting money for consumers as they are about making the companies pay up big time, pure and simple.

Of course, this will have as much effect on the Apple consumer base as the inquisitions had on the Catholic church's. IOW, fanatics are far too determined and stupid to be dissuaded.


RE: 9 Counts?
By cditty on 7/1/10, Rating: 0
RE: 9 Counts?
By eskimospy on 7/1/2010 12:36:52 PM , Rating: 3
While restitution to the people screwed over by Apple is important, another really important function of class action lawsuits is to dissuade companies from such actions in the future. If a company takes a big hit from a lawsuit such as this, they are likely to test their phones before selling them next time.


RE: 9 Counts?
By wgbutler on 7/2/2010 9:46:41 AM , Rating: 2
quote:

While restitution to the people screwed over by Apple is important


No one has been "screwed over"!

THERE IS A 30 DAY REFUND POLICY!!!!!

This lawsuit is all about some greedy lawyers wanting to make a quick buck. Apple won't be affected that much.

If lawsuits become routine, they will just pass on their legal expenses to the consumers. And with higher Apple prices the Android companies will have more room to raise THEIR prices. And in 10 years when you are paying $1000 for a new cell phone, hopefully you'll be able to connect the dots.


RE: 9 Counts?
By omnicronx on 7/4/2010 6:07:41 PM , Rating: 2
Are you seriously trying to imply that a company with one of the largest market caps in the world and 40 billion in the bank can't afford to take on such a lawsuit without affecting its customers?

Apple takes on lawsuits all the time, you just don't hear about it. When you are raking in insanely high profit margins like Apple has been, you don't take a chance and pass on the outcome of simple lawsuits to the consumer.

While I agree with you in theory, I don't agree in this situation. I'd be willing to take wagers that this will not happen next time around. i.e This will most likely help consumers, not hurt them.


"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997














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