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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.





"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA



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