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.