backtop


Print 73 comment(s) - last by jinky2010.. on Jul 10 at 12:56 AM


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.



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: My bold prediction:
By Brandon Hill (blog) on 7/1/2010 9:58:52 AM , Rating: 5
I actually own an iPhone 4, but I still think this is appropriate :-) NSFW language though:

http://www.youtube.com/watch?v=FL7yD-0pqZg


RE: My bold prediction:
By DarkElfa on 7/1/2010 10:09:54 AM , Rating: 4
I say we just wait it out. The great thing about Apple is that when Jobs dies, the company dies with him.


RE: My bold prediction:
By Motoman on 7/1/2010 10:19:51 AM , Rating: 4
Do not underestimate the power of the dark side.


RE: My bold prediction:
By gamerk2 on 7/1/2010 10:33:45 AM , Rating: 2
They'll just make iJobs and everything will be OK!


RE: My bold prediction:
By Mitch101 on 7/1/2010 10:54:05 AM , Rating: 2
And if that doesnt work here is a memo telling support how to lie I mean convince customers are having the best experience ever.

Leaked: Apple’s internal iPhone 4 antenna troubleshooting procedures
http://www.boygeniusreport.com/2010/06/29/leaked-a...


RE: My bold prediction:
By AlexWade on 7/1/2010 12:41:41 PM , Rating: 2
No no no no. Don't you watch Futurama? We will just put his head in a jar and Steve Jobs will live on forever.


RE: My bold prediction:
By futrtrubl on 7/2/2010 5:48:20 AM , Rating: 2
You need to watch the latest Futurama, it's about the eyePhone (it's also a phone) and Steve Jobs' latest reincarnation (Mom).

Topical and funny, that makes it smart.


RE: My bold prediction:
By integr8d on 7/2/2010 1:47:10 AM , Rating: 2
I guess you guys missed the headline where Steve mentioned purchasing 100 years of AppleCare on himself.

On the bright side, yes, Apple fanboys are quite the rabid-mouthed type. But they also demand performance. We (yes, I am quite frothy) pay more and we demand more. The iPhone issues do not sit well with us.


RE: My bold prediction:
By zonkie on 7/2/2010 2:13:48 AM , Rating: 2
if that's like a handjob, I'm in for 2.


RE: My bold prediction:
By jonmcc33 on 7/1/2010 10:36:35 AM , Rating: 2
Just like vampires. When the head vampire dies all other vampires become normal humans again.


RE: My bold prediction:
By Strunf on 7/1/2010 12:52:15 PM , Rating: 2
iClone is in the works as we speak!


RE: My bold prediction:
By callmeroy on 7/2/2010 8:22:10 AM , Rating: 2
Nah...he'll just rise up out of the grave like a vampire ala True Blood and go on living for all eternity sucking the life out of helpless (re: naive) victims (re: followers).


RE: My bold prediction:
By Motoman on 7/1/2010 10:21:56 AM , Rating: 2
quote:
I actually own an iPhone 4...


...not exactly helping your cause there Brandon ;)


RE: My bold prediction:
By Brandon Hill (blog) on 7/1/2010 10:24:47 AM , Rating: 5
Just being transparent. I'm not gonna sit here and talk about the iPhone 4 and not put out there that I have one.

But I'm a big boy, I can take the jabs :-)


RE: My bold prediction:
By Motoman on 7/1/2010 10:32:15 AM , Rating: 4
OK...here's one.

If we want to investigate why Apple puts out poor quality products, that lack obvious features, that are ridiculously overprices, etc. - start with the person who bought one anyway.

You bought one of these phones. Which informs Apple that you approve of the device. Therefore, they have no reason to address the problems with the device. Why should they? People are buying them anyway. And not returning them.

I would suggest that the place to start looking for the reason why Apple does these sorts of things is the nearest mirror.


RE: My bold prediction:
By Brandon Hill (blog) on 7/1/2010 10:42:34 AM , Rating: 3
I never thought my iPhone 3GS to be of poor quality (my wife has one as well, she has no problem with hers). I had it for a year, never had any problems with it, then sold it on eBay for almost $300 used last week.

I pre-ordered the iPhone 4 based on my favorable experience with the iPhone 3GS.

As to how I got sucked into the whole iPhone ecosystem in the first place, I bought an iPod touch a few years ago. I got sucked into the eco system of purchasing apps and games, and I also took it everywhere I went. I also carried a "dumbphone" at the time. I figured, might as well get one device to hand it all, and since I had already bought into the ecosystem, I decided to get the 3GS to make the switch seamless.

The iPhone 4, however, I'm not to impressed with the reception problems. But it's not like I knew that before I pre-ordered it though...


RE: My bold prediction:
By HotFoot on 7/1/2010 11:32:40 AM , Rating: 2
This has been my problem with the Apple thing all along. They have fantastic success with a good pairing of products a number of years ago: iPod and iTunes. Most of the technologically-inclined people I know that keep using Apple hardware is because they want total compatibility with the ecosystem they bought into years and years ago.

Apple profits by locking their consumers in.


RE: My bold prediction:
By Motoman on 7/1/2010 11:54:25 AM , Rating: 2
The iPod and iTunes were *not* a good choice in the beginning. The iPod had such crappy DACs and whatnot that a $10 Chinese "disposable" .mp3 player had the same or better sound quality, and the DRM that came with iTunes was deplorable.

Sure...eventually iPods caught up with the cheap stuff, and evetually iTunes gave you an option to buy normal .mp3s.

But the point is that bajillions of people bought the stuff anyway. Apple doesn't sell technology so much as it sells a self-image, they sell their brand and have managed to convince the unwashed masses that to own an Apple product is to be cool and hip and the only way to express your individuality. By doing the same thing everyone else is doing.


RE: My bold prediction:
By sprockkets on 7/1/2010 4:04:16 PM , Rating: 2
quote:
The iPod and iTunes were *not* a good choice in the beginning. The iPod had such crappy DACs and whatnot that a $10 Chinese "disposable" .mp3 player had the same or better sound quality, and the DRM that came with iTunes was deplorable.


Actually the sound quality of ipods is good; the eq on them sucks.

quote:
Sure...eventually iPods caught up with the cheap stuff, and evetually iTunes gave you an option to buy normal .mp3s.


itunes never has and never will use the mp3 format.

quote:
But the point is that bajillions of people bought the stuff anyway. Apple doesn't sell technology so much as it sells a self-image, they sell their brand and have managed to convince the unwashed masses that to own an Apple product is to be cool and hip and the only way to express your individuality. By doing the same thing everyone else is doing.


I don't own an ipod, but the touchwheel makes it so darn easy to navigate and use, unlike the other stuff at the time. That, and of course their millions on marketing.

Personally, I think RockBox on a Sansa Clip+ blows everything else out of the water, but the UI on it is of course cumbersome.


RE: My bold prediction:
By ancient46 on 7/2/2010 2:10:09 PM , Rating: 2
If you would just learn to hold a phone properly all your problems would disappear. I applaud a company that finally has come out and instructed consumers on properly using a device. If we all knew how to use devices and software exactly as the designers meant them to be used, there would be no bugs or problems.


RE: My bold prediction:
By inperfectdarkness on 7/1/10, Rating: 0
RE: My bold prediction:
By inperfectdarkness on 7/1/10, Rating: 0
RE: My bold prediction:
By amanojaku on 7/1/2010 7:54:37 PM , Rating: 2
Because nobody likes a whiny b1tch.


RE: My bold prediction:
By makius on 7/1/2010 1:57:30 PM , Rating: 2
LOL! Now that's what I call a win Brandon, thank you :)


RE: My bold prediction:
By mooncancook on 7/1/2010 2:32:51 PM , Rating: 2
Brilliant! Is there a censored version?


RE: My bold prediction:
By wgbutler on 7/1/2010 4:44:45 PM , Rating: 2
I own an iPhone 4 and don't think this is appropriate. I don't know about the other countries in the world, but here in the U.S. AT&T has a 30 day return policy, no questions asked. If someone is not satisfied with their new iPhone, they can take it back for a full refund.

The only thing the lawsuit does is raise the price of producing the product, which Apple and AT&T will just pass on to their consumers. I guess its not so much fun to support the trial lawyers when they are coming after you.

It's going to get to the point where any company will have to have an army of lawyers anytime they release a new product because of the all ambulance chasers out there and people looking to be relevant and/or make a quick buck. Innovation will suffer and prices will increase.

I agree that Apple was careless with the antenna and that they should offer free cases to any iPhone 4 purchaser, but in the end it should be the free market and consumer choice that punishes them and not some stupid lawsuit.

But I guess in a way this is justice because Apple is a politically liberal company and the democrat party which they support is the party of lawyers and frivolous lawsuits.


RE: My bold prediction:
By callmeroy on 7/2/2010 8:50:10 AM , Rating: 2
So , essentially, what you are saying is "let's not call out a company on shoddy design, worksmanship or functionality there by encourage other companies of forth coming products to slack off on R & D and QA practices before a products release...."

Sorry but I'm tired already of the lack of accountability in this country from private citizens, now you want to ease accountability from companies.... no...just no.


RE: My bold prediction:
By wgbutler on 7/2/2010 9:29:08 AM , Rating: 2
quote:

So , essentially, what you are saying is "let's not call out a company on shoddy design, worksmanship or functionality there by encourage other companies of forth coming products to slack off on R & D and QA practices before a products release...."


Wrong! What I am saying is "let's stop all the crappy frivolous lawsuits that drive up the cost of doing business, make everything more expensive and reduce the rate of innovation."

If you want to call out Apple for designing a faulty product, be my guest. Blog about it, put it on the news, or even better, design a superior product for a lower price.

But don't run off and file a stupid lawsuit and waste everyone's (including the courts) time because you are trying to make a quick buck.

Lawsuits are for when you have actually been DAMAGED and want compensation. AT&T offers a full refund for 30 days, no questions asked. If you couldn't get a refund, or if the phone blew up and burned your hand, I would agree with the lawsuit.

If this lawsuit is successful, it will set an ugly precident. People will start suing any kind of company that makes any product with any kind of design flaw whatsoever. And nothing is perfect, every product has one kind of flaw or another. So where do you draw the line?

But this all about some lawyers wanting to make a quick buck (and some anti-Apple crusaders wanting to punish Apple for its success) and Apple is an easy target with this well publicized design flaw. This type of mentality is exactly why the country is going down the tubes.

But I guess the one good thing about this is Apple is getting a real taste of the results of the types of political policies it supports.


RE: My bold prediction:
By jinky2010 on 7/10/2010 12:56:26 AM , Rating: 2
You are wrong. Apple is refunding in full as they know iphone 4 is defective but At&t still charging 10% restocking fee so it is not full refund and of course I am not even saying how much they are collecting in usage charges even for a day. So do your numbers and you get the picture of defective devices and their practices.

Same phone -- can buy any where either apple or At&T but 2 different return policies.


RE: My bold prediction:
By callmeroy on 7/2/2010 8:26:32 AM , Rating: 2
Well I don't own an Iphone (never really plan on EVER owning one -- unless I won a contest to get one for free or something) but I think this class action suit is also appropriate, and most times I balk at class actions.

Though I also agree with the poster who said even if the class action succeeds , its doubtful Apple will "really" be affected or change anything (I mean aside from what the court orders them to do).

Also Apple is one of the wealthiest companies on the planet, they can afford it...


RE: My bold prediction:
By wgbutler on 7/2/2010 9:38:04 AM , Rating: 2
quote:

I think this class action suit is also appropriate, and most times I balk at class actions...


You never gave any reason why you think the lawsuit is appropriate, other than

quote:

Also Apple is one of the wealthiest companies on the planet, they can afford it...


So in your paradigm being rich means that its ok for others to treat you badly? This is why the United States is doomed.

Destroying the rich through high taxes and lawsuits may help you feel good for a short time, but in the end it destroys the economy. We are really lucky to have some leading edge companies in the US that make great products. If the high taxes and lawsuits keep up eventually they will move elsewhere to more pro-business countries and refuse to sell their products here.

Take a look at the liberal cesspools around the country where the liberals have been implementing high taxation policies and you see their economies in the toilet, with people fleeing their states in droves.

We really need to have tort reform, and a loser pays all court costs type of punishment for frivolous lawsuit.


"DailyTech is the best kept secret on the Internet." -- Larry Barber














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki