Phones
Apple Sued Class-Action Style for 'Defective iPhone 3G'
Posted by Matt Buchanan at 9:30 AM on August 21, 2008
Enticed by those tricky ads, Alabama resident Jessica Smith rushed out to get one faster than the iPhone 3G's Google Maps could tell her where to go. After a month of it being slower than she expected, only able to touch 3G 25 percent of the time and an "inordinate amount of dropped calls," Ars says that yesterday she slapped Apple with a class-action lawsuit over the "defective iPhone 3G."
While the idea of someone in Alabama using an iPhone might take a second or sixty to process, she actually lives in Birmingham, one of the state's few bastions of civilization, which AT&T has blanketed with solid 3G coverage (though congestion is always a possible issue). Given the huge amount of noise about the problems with the phone's 3G--and even Apple's tacit admission of the issue with the 2.0.2 update--she estimates in the suit that the class spans "perhaps tens of thousands" of people.
The actual basis of the suit is that Apple broke its warranty that it would "perform adequately" on 3G. She's asking for Apple to be forced to repair or replace all "defective iPhone 3G" units, plus damages, interest on "monetary relief" and attorney's fees. The suit hasn't actually been made class action yet, but if it does, then this could get interesting. If nothing else, we might learn from the suit where exactly the phone's problems lie, and that might be worth the ride, even if it takes a long time to get there. [Ars Technica]

Comments (AU Comments · US Comments)
jared
Posted August 21, 2008 10:22 AM
Some people need to get a life. They have admitted they are having issues. It will be fixed, why aren't people patient anymore. That being said, my 3G iPhone has been great, signal is not perfect, but it't not perfect on my wifes Samsung either. I don't blame Apple, I blame Optus. But it is still better than Telstra, Vodafone and espicially 3 in my house. So all good.
Dexxie
Posted August 21, 2008 12:01 PM
I've long been very critical of Apple, and their dastardly ways.
And while in one way, I think it's great that Apple, and the people who adore them unquestioningly, are in fact starting to question... To see reality where pretty facade used to reside.
But this is a pretty stupid court case... I've got a 3G i-mate, and it rarely get's full 3G speeds. So many factors result in your actual internet connection be it wireless or wired that any average end user, has about 1 chance in several thousand of realising what's actually causing the problem.
SirFloyd
Posted August 21, 2008 1:13 PM
"why aren't people patient anymore"
Because consumers are sick of being fed half-baked products that still aren't fully functional even after being on the market for months? It's worse in the case of the iPhone. People were gagging for it well before it was released. They could have held off for a month to work these issues out, so that consumers didn't have to to deal with the risk/hassle of firmware updates and the like, without much of an impact on sales.
Not to mention Apple are HUGE. With the money they throw at R&D, you'd think they've have the tech down pat.
Donk In A Box
Posted 9:56 AM 21/8/08
As someone born and raised in Birmingham, I deeply resent the implication that it is in any way a "bastion of civilization." Nothing could be further from the truth. As proof I offer the mayor in a burlap sack:
+ Watch video
Donk In A Box
12-Inch Idongivafuck Sandwich
Posted 9:54 AM 21/8/08
I have absolutely no problem with this suit. We keep seeing all these posts about issues with the iphone, and it is certainly taking some time to get it fixed. Why not file a suit that may or may not get things moving a little faster? These iphone owners are paying a ton of money each month, and expect their phone to be working properly...
12-Inch Idongivafuck Sandwich
bnutz
Posted 9:50 AM 21/8/08
@smartboydan has a headache.
Yes it does. It say. "This phone really does not work, but because it's made by apple people will buy it."
bnutz
pokebud
Posted 9:50 AM 21/8/08
I'm suing McDonalds because I bought a BigMac Fries and a Coke and 2 hours later it turned to shit!
pokebud
vicsells
Posted 9:48 AM 21/8/08
i would definitely hate this girl. I hate anyone who sues anyone
vicsells
RandySinger
Posted 9:46 AM 21/8/08
If she didn't like her iPhone, didn't she have the option of just returning it?
Or did she really want to turn her iPhone in to a big payday by suing Apple?
I can guaranty that is what Apple's lawyers will argue.
RandySinger
Ken_Darrow
Posted 9:46 AM 21/8/08
These kind of people would sue you if they trip on your sidewalk.
Drank soda and burped air out of their nose with liquid coming out embarrassing them in public.
Used a deodorant that didn't work because they still stink.
Had a latte and ended up farting all day because they didn't realized it had milk and they are lactose intolerant.
Ken_Darrow
matt buchanan
Posted 9:45 AM 21/8/08
@auburntygur: I'm from GA, I know your kind well.
matt buchanan
smartboydan has a headache
Posted 9:44 AM 21/8/08
@justinpe: LOL at the guys shouting "shoot it" in the video. Besides, that video has a disclaimer. Does the iPhone commercial?
smartboydan has a headache
beardedkid
Posted 9:42 AM 21/8/08
That is impossible, no one in the south has class.
beardedkid
mildretard
Posted 9:42 AM 21/8/08
Is it on yet? I'm guessing this means it's on. I'm going to add that I agree with all the above. Microsoft sucks. And Boom. And a pox on litigious parasites. And not least, thank sweet Jesus I didn't buy a 3G out of the gate.
Do I contradict myself? Very well then I contradict myself, (I am large, I contain multitudes.)
mildretard
justinpe
Posted 9:40 AM 21/8/08
I am suing Toyota because my truck was pulled out of a lake by a huge monster, and then it didn't run any more. The commercial clearly shows that it should have kept running.
+ Watch video
Also, I would suggest that Jessica Smith go and buy a Blackberry Bold.
justinpe
xcharliemx
Posted 9:39 AM 21/8/08
So are you automatically in if you own one? What is the compensation if they win? That they'll actually get you one that works right?
xcharliemx
auburntygur
Posted 9:38 AM 21/8/08
Can anyone show me a single Giz post with Alabama involved that doesn't include an obligatory "LOL THEY DON'T HAVE TEKNOLOGIES IN REDNECKLAND" comment?
auburntygur
gamecrazychris
Posted 9:37 AM 21/8/08
Alabama gets 3G but Vermont doesn't even get coverage, AT&T needs to get their priorities straight.
gamecrazychris
gerrylum
Posted 9:36 AM 21/8/08
Hmmm... sounds fair to me. If 3G only works 25% of the time, seems like there's some cause to be concerned.
gerrylum
ferrdidly
Posted 9:36 AM 21/8/08
90% of the people who file law suits in your country should be killed instantly...
ferrdidly
smegz
Posted 9:36 AM 21/8/08
Love my MacBook Pro, like my iPod, won't take the risk on an iPhone.
HTC FTW.
smegz
takashimiike 3G edition
Posted 9:36 AM 21/8/08
@shenanigans61: Care to elaborate?
takashimiike 3G edition
takashimiike 3G edition
Posted 9:35 AM 21/8/08
Boom.
takashimiike 3G edition
OGHowie
Posted 9:33 AM 21/8/08
God bless America.
OGHowie
shenanigans61
Posted 9:32 AM 21/8/08
Microsoft sucks!
shenanigans61
rrogahn
Posted 10:21 AM 21/8/08
LOL, awesome. Can't wait to hear all the excuses from the i crowd on how this can't be...
rrogahn
Alex2643
Posted 10:21 AM 21/8/08
isnt going* fuck....
Alex2643
Alex2643
Posted 10:19 AM 21/8/08
I dont think this is going to go anywhere because her and those thousands of ppl jumped on that bandwagon all had 30days to return their phone and get their money back if they werent satisfied with its performance. A "reasonable person" would have taken this course of action, and the lawyers will argue that point, and it would be MORE of a travesty if a judge ruled in her favor then apple's craptastic roll out of the iphone 3g
P.S 3G owner and my service is moderate to excellent sorry for the other owners who are having a bad experience.
Alex2643
Xavoc
Posted 10:19 AM 21/8/08
Here's a question. Why didn't she return the fucking thing when it didn't work properly?
Xavoc
Meatlocker - still a man, despite his white iPhone fetish.
Posted 10:19 AM 21/8/08
@smegz:
You mean "HTC", as in "Mogul", "Tilt" and "Touch", with their as-of-yet unfixed Direct Draw video problems and damn-near-useless video problems? You are kidding, right?
Bwah hah hah hah!
Oh man, you had me there for a second.
Meatlocker - still a man, despite his white iPhone fetish.
Chromeo
Posted 10:17 AM 21/8/08
1. I'm from Florida. Does that even count as the south anymore?
2. My iPhone 3G works great...0 dropped calls, great reception, I would say it's been 3G about 90% of the time.
3. I'm suing Jessica, for wasting my tax dollars on another frivolous lawsuit. Then I'm suing myself.
Chromeo
JHB8000
Posted 10:17 AM 21/8/08
Its not just Apple. It seems like some of the new 3G phones coming out are having some significant connectivity issues, including the Blackberry Bold. My guess is that the chipset is bad, and will be remedied with a hardware revision.
Seriously people, you should know by now that you shouldn't buy any Apple product until it reaches its first hardware revision.
JHB8000
Xavoc
Posted 10:17 AM 21/8/08
@auburntygur: What is the rate of edentulism in your state?
Xavoc
taylors_dad
Posted 10:13 AM 21/8/08
Two thoughts on this:
1) What's wrong with the suit? I thought Apple products worked "out of the box." You pay for a 'superior' product, you should get a superior product.
2) Glad I learned to read maps. No need for iPhones, Garmins, etc. Never thought I'd say this, but I guess I'm "old school"
taylors_dad
oceanrider
Posted 10:12 AM 21/8/08
Finally we will get some long awaited answers from Apple. I mean really, is it that hard for them to deliver on their promises and give us something beyond sickeningly pathetic 3G reception?
oceanrider
Evangelion
Posted 10:12 AM 21/8/08
@pokebud: LOL
Evangelion
trc202
Posted 10:10 AM 21/8/08
"While the idea of someone in Alabama using an iPhone might take a second or sixty to process, she actually lives in Birmingham" that is slightly insulting I also live in Alabama
but in a less technological area. P.S. If you want (new) technology you have to go to Birmingham. In the area I live we just got best buy last year along with target.
trc202
Sam43054
Posted 10:09 AM 21/8/08
a) if she is in a 'spotty' 3G area that AT&T shoes as good coverage - that's not Apples fault
b) Apples' iPhone 3G has disclaimers how it was tested to be twice as fast
c) if you don't like it -return it
d) if the software update(2.0.2) fixed her problem .. She well.. Won't have a problem :-p
Sam43054
snitch29
Posted 10:07 AM 21/8/08
Good Luck jessica your going to need it lol, am surprise your lawyer didn't tell you that the best out come will be a full refund, that's why your the first one suing, Am with you though 3G speed is nothing close to what the ad says it is, am also disappointed by it, but hey is ether put up with it or back to the hopeless Windows Mobile
snitch29
michaelwiggins
Posted 10:06 AM 21/8/08
10 bucks and my (apparently superior) 2G iphone says that she settles out of court for an undisclosed amount.
michaelwiggins
MANIKENZ
Posted 10:03 AM 21/8/08
@Donk In A Box: You, sir, made me rofl all over my waffle. That video is pure gold.
MANIKENZ
CarbonFalcon
Posted 10:03 AM 21/8/08
@Elliuotatar:
You forget a key step.
????? comes between "get sued" and "profit".
CarbonFalcon
CarbonFalcon
Posted 10:01 AM 21/8/08
@Donk In A Box:
Amen!
Lol. Is he a preacher or something too?
CarbonFalcon
auburntygur
Posted 9:59 AM 21/8/08
@Donk In A Box:
We have our wonky city officials, but 5 points and the Mountain Brook area don't qualify as civilized?
auburntygur
Elliuotatar
Posted 9:59 AM 21/8/08
1. Market overpriced phone as a status symbol to rich people with plenty of free time on their hands using fraudulent ads.
2. Get sued.
3. Profit?
Elliuotatar
EGBTMagus
Posted 10:46 AM 21/8/08
Coverage is never gaurenteed so theres no way it will stand. All carriers have a clause in the contract that they don't gaurentee service 100%
EGBTMagus
MadColombian
Posted 10:39 AM 21/8/08
I have great service. Except when I'm home my 3g service is shitty. So I switch to edge and turn on WiFi.
But honestly it's reduculous and shouldn't be like that.
MadColombian
jhechols
Posted 10:29 AM 21/8/08
I live in Huntsville, Alabama, and in my neighborhood all of the houses are at least 3 stories tall, and most people have home theaters, including myself. I know at least 20 people with iPhones too. Dont be dissin' bammer.
jhechols
otis123
Posted 10:26 AM 21/8/08
lol first gen iphone FTW.
otis123
astrocramp
Posted 10:22 AM 21/8/08
She didn't return it to the store because why?
astrocramp
vgart
Posted 10:22 AM 21/8/08
I am gonna sue Micro$oft because Vista keeps crashing and being slow.
vgart
simplegreen
Posted 11:07 AM 21/8/08
isnt this some kind commandment against this in the apple fan boy word?
simplegreen
Voyou_Charmant
Posted 11:06 AM 21/8/08
@12-Inch Idongivafuck Sandwich: exactly.
Voyou_Charmant
Voyou_Charmant
Posted 11:04 AM 21/8/08
@justinpe:
So; you're saying that Apple/AT&T's claims that their phones work/3G service was "adequate" should have been interpreted as hilarious overstatements for the sake of comedy, much like your truck vs sea monster issue?
There is nothing I hate more than people who shout to high heaven about "frivolous" lawsuits.
It's not like she's mad that it didn't do something amazing , she's mad that it appears (and post after post here alone seems to qualify this) that there are serious quality assurance issue at Apple / in China.
Everyone complaining is a sucker for know-nothing dbags who throw around the term "tort reform" as some sort of return to reason as if seemingly frivolous have not yielded landmark judgments and resulted in much needed action from consumers, workers, victims, etc who otherwise had little recourse.
Shut up with your "lol lawsuits are gay, what an idiot" childish nonsense.
So called tort reform which results in damage caps and attorney-fee caps do nothing but make more complicated cases less appealing to lawyers because of their inability to adequately cover the expenses of the case. Think this is all trial lawyer propaganda? Ask yourself; do you think the special interest groups, who support "tort reform", really looking out for the injured?
Protip
Why don't you all try googling the following:
"Contingent-Fee Agreement"
"Summary Judgment"
"Directed Verdicts"
Or, just go here: [news.lawreader.com]
PS. Stop complaining about your "tax dollars" being wasted. What in the world are you talking about? FEES FEES FEES.
Your precious tax dollars, which are literally being lost in the desert by the billions, are not being "wasted" on people filing lawsuits.
If you're really worried about your tax dollars going to waste, you should probably read where it's actually going.
The GAO has everything you need on their website.
If your worried about a congested, overcrowded or overwhelmed court system, you should start with the "war on drugs" and misdemeanor drug charges --- not that I'm pro-drugs or anything, but I do have a sense of perspective.
Voyou_Charmant
aobjects
Posted 11:02 AM 21/8/08
Dang. She beat me to it. Definitly joining this if they don't open up, admit it and fix it.
aobjects
SlinkyDink
Posted 10:51 AM 21/8/08
This pretty much gurantees that Apple will not be admiting a problem any time in the near future, not that Apple was leaning that way, anyway.
It also means that Apple will be pointing the finger at AT&T as the true cause of iPhone troubles. They will tell the judge about how the new Blackberry Bold also has the same problem on the AT&T network. A battle of the experts will ensue and Corporate AmeriKKKa will prevail!!
As a potential member of the class, I am not getting my hopes up that this suit will be of any material benefit to me.
SlinkyDink
apeguero
Posted 10:51 AM 21/8/08
@Chromeo: Florida is not part of the South, it's part of Northern Latin America.
apeguero
Xavoc
Posted 10:48 AM 21/8/08
@jhechols: That's because the 1st story is really where the house is on stilts due to it slowly sinking into the swamp and needing a place to put your boat right?
Xavoc
VakeroRokero
Posted 11:30 AM 21/8/08
really? I didn't see that coming, this is in the United States right?
VakeroRokero
InsolenceAndHeresy
Posted 11:29 AM 21/8/08
*eyeroll* People in general need to shut the **** up about their stereotypes about 'the South' - I've lived in the South before - Tuscaloosa, AL to be exact - and people there were far kinder, politer, and overall 'better people' than any people in the North I've met - NY, VA, PA, OH, etc.
InsolenceAndHeresy
skm
Posted 11:28 AM 21/8/08
@JHB8000: I thought the iPhone 3G was the first hardware revision!!!
skm
JEmlay
Posted 11:21 AM 21/8/08
A new phone!?!?!?!?! No thanks!!!!!!!!
I can backup, sync, then have my phone LOCK UP like it always does. Perform a restore of the backup I just made, resync my phone and....
MOST MY APPS WILL HAVE ZERO DATA!!!!!
A fat lot of good a new phone will do us. Tons of app data does not SYNC!!!! Some do, some don't!
JEmlay
SlinkyDink
Posted 11:19 AM 21/8/08
@Voyou_Charmant: damn skippy.
SlinkyDink
winexprt
Posted 11:17 AM 21/8/08
But the real question is, is she suing for "Punitive Damages"?
+ Watch video
winexprt
ZacMoney
Posted 11:55 AM 21/8/08
She should just head out to Californee where they have internets
ZacMoney
dna
Posted 11:53 AM 21/8/08
Yeah they need to resolve these issues ASAP. These phones are too expensive to be performing less reliably than cheaper alternatives, that's all there is to it. Apple should offer some form of compensation. You can be honest and tell us you know it's not working, but that comes at a cost. And that cost is giving me a discount on my service until it IS working. Hopefully something like that will come out of this suit.
dna
shalegac
Posted 11:53 AM 21/8/08
@Voyou_Charmant: AMEN BROTHER!
shalegac
aaj111
Posted 11:52 AM 21/8/08
@smegz:
Funny, I love my iPhone, but won't take my chances with an iPod or Mac.
aaj111
ab3
Posted 11:52 AM 21/8/08
My iPhone 3G seems to be fine but if I can get a free upgrade with better 3G with this then i'm in!
ab3
shalegac
Posted 11:51 AM 21/8/08
I hate when people get sue happy; but, I actually think this maybe a good thing. Fact of the matter is she may know that she won't actually receive any monitary compensation but that whatever the problem is it may get fixed which is good for everyone.
Or she could just be out to make a buck which would make me dislike her...
We shall see
shalegac
Stacky Botrus
Posted 11:39 AM 21/8/08
I tell you what, that upgrade to 2.0.2 didn't do shit.. the browser freezes now, EDGE hardly worked, and mail is slow. The keyboard is back to sticking and apps crash more. I am so disjointedness, and should never have left tmo.
Stacky Botrus
hedges1968
Posted 12:09 PM 21/8/08
Given Apples approach to marketing their products and the percieved superioty of them that they foster it doesn't seem unreasonable that a consumer would expect their product to work as advertised.
As for blaming AT&T, Apple should have aligned with a provider or providers that could live up to their expectations.
hedges1968
zamafir
Posted 12:50 PM 21/8/08
i didn't realize apple managed the network as well as built the phone, now i know. thank god for lawsuits! and people like this for making me chuckle.
zamafir
johnthevulcan
Posted 12:45 PM 21/8/08
that bitch
johnthevulcan
tanya.peacock
Posted 12:44 PM 21/8/08
Alabama has jack diddly. Except hurricans and (depending on where you live) cheap-er expensive gas.
I know. Mobile gets jack diddly in terms of technology.
tanya.peacock
MadColombian
Posted 12:38 PM 21/8/08
@Voyou_Charmant: you deserve a star. very very well said.
MadColombian
Faslane66
Posted 1:00 PM 21/8/08
I Love You All!!!
Faslane66
roflwaffles
Posted 12:56 PM 21/8/08
@zamafir:
the problem lies with the phone, as apple made it, and all other phones on AT@T have no such problems.
the iphone 3g has a problem, and i think its fair apple fixes it.
roflwaffles
92BuickLeSabre
Posted 1:23 PM 21/8/08
@Voyou_Charmant: *applause with accompanying respectful head nodding*
92BuickLeSabre
rjbuddyboi
Posted 2:05 PM 21/8/08
regardless of Jessica Smith's intention on filing a class action lawsuit (for monetary gains or not) I believe the lawsuit will benefit all of us because Apple's will be forced to admit and explain all the hardware and software issues of the 3g phone. It's true that we have the option to return these problematic phones within 30 days but I chose to stick with mine because I still believe Apple can deliver their promise on an excellent product but I just feel betrayed that they will release several firmware updates and we don't have any clue of what it is trying to fix which further aggravates the situation. Is it too much to ask Apple to provide details of the fix? Consumers are left to speculate what the firmwares are fixing which result in endless disappointments afterwards. My phone was replaced by the Genius bar techguys twice already after having to restore my phone(s) for the 11th time. When they offered to replace it again last week I told them no thank you because obviously they have no clue of the problems they are dealing with. Offering me a new shiny phone everytime I visit them doesn't make me feel any better so I will just wait for that September fix.
rjbuddyboi
The Amazing Ant
Posted 1:50 PM 21/8/08
@roflwaffles: Oh, I get it now; so the people having problems with the Blackberry Bold on AT&T's network are just non-existent? Yea, the iPhone has problems (and I'm glad I didn't "upgrade" from my first gen) but this is not the only phone on AT&T that's having 3G issues.
@Chromeo: Long live the hurricane dodgers!
I know there's some redneck country around somewhere, but most of Florida is very northern. And no apeguero, we're not part of Latin America... yet...
The Amazing Ant
Anrui
Posted 2:25 PM 21/8/08
@rjbuddyboi: Assuming that Sept. fix ever comes, considering, as of right now, no one seems to know what the true issue is here. Personally I see it as a sign of the coming apocalypse. Everyone signal with their iPhone when the Horsemen come for you.
I speculate, based on reading Gizmodo and other tech blogs, that Apple won't point the finger at AT&T. They'll try to buck the blame to the chipset manufacturer people.
As for the lawsuit, yeah, there are suit-happy people out there but I think that Jessica has grounds. I'd like to believe that she tried to return her phone but was denied because its passed the deadline and/or ETFs she didn't want to pay. Personally, if I signed up for this service, and I was assured of 3G, and my phone said 3G on it, I'd damn well want 3G service. The phone doesn't say iPhone-sometimes-3G-mostly-Edge.
I support her cause and the lawsuit. Good luck and godspeed to anyone suffering through this crisis. I'm sure many of you cry yourselves to sleep at night because Steve Jobs has let you down. Your God can, too, do something wrong. PWNT.
Anrui
BillyShears
Posted 3:08 PM 21/8/08
AT&T has a 30 day trial period, back in my day, someone that dissatisfied with a product would, you know, just return it.
Christ.
BillyShears
JEmlay
Posted 4:11 PM 21/8/08
@BillyShears:
Back in your day Sears was sued for price gouging. So back in your daddy's day did people just not shop at sears?
In THIS day, people are to be responsible for their claims.
JEmlay
JHB8000
Posted 4:46 PM 21/8/08
@skm
No. The chipset in the 3G is new, and therefore is not a revision. The other parts of the phone could be considered a revision, since they're basically the same as the first one with some updates, but the 3G chipset is all new.
It'll be interesting to see how this plays out. I recall that there was a report about the weakness of the chipset Apple used, but then again, ATT's network is relatively new and just may not be able to handle the 3G's data load yet. Blackberry Bold data issues also play a factor, as there may actually be some defective chipsets floating out there that the manufacturers just aren't aware of yet.
JHB8000
mildretard
Posted 4:37 PM 21/8/08
@Voyou_Charmant: Thank you for all those words, but since the truth doesn't square with my ideology I must dismiss your well-reasoned arguments completely out of hand.
Now let's hang us some activist judges! Wee-haw, y'all!
mildretard
kylo4
Posted 5:21 PM 21/8/08
If the product isn't working as well as it should be and Apple has stated this than the lawsuit is warranted. I think they said they were working on a fix for it, but that's unnacceptable when you're supposed to have it out of the box like that.
Once in awhile Apple does deserve a lawsuit for something, and in this case maybe it's ideal, if only to get the word out on this issue since in the end I don't see her getting anything out of it.
kylo4
SpeedyGonzalas
Posted 5:47 PM 21/8/08
BTW, my leering eruditity has led me to become Gizmodo's first double secret-invisible triple starred poster.
SpeedyGonzalas
SpeedyGonzalas
Posted 5:42 PM 21/8/08
@Faslane66: Me too! Seriously, don't you guys read what you have written? I will never give a post a bit of gravity unless it is spell-checked and at least grammatically close to accurate. This ain't talk radio children.
SpeedyGonzalas
The Magnificen7
Posted 7:26 PM 21/8/08
@michaelwiggins: $1000 and my obviously superior iPhone 3G, which has never had an issue, that she is a complete dumbass and this bullshit lawsuit gets thrown out.
The Magnificen7
Joseph
Posted 8:59 PM 21/8/08
@pokebud: LOL thats a fast turnover time!
Joseph
BritSwedeGuy
Posted 8:58 PM 21/8/08
Poor fanboys - is your toy broken?
BritSwedeGuy
davebg5
Posted 10:47 PM 21/8/08
I just swapped my original iPhone 3G for another one last night (and the Genius confirmed that in the NYC/Northern NJ area I was dropping 40% of my calls!!!)
Now the new POS won't properly restore. It seems to have restored. I have my contacts and email accounts, but every non-native app crashed upon start-up, none of my content (music, movies, photos) will synch and every time I connect to iTunes I am propted to restore from a backup or create a new iPhone (again.)
I don't even know if my dropped calls problem is resolved because I've literally been trying to restore this thing ALL NIGHT!!!
Someone tell me where to sign up for some of this clas action goodness. I am pissed and want to take a bite out of Apple.
davebg5
froboy
Posted 12:26 AM 22/8/08
Instead of being a litigious dick, here's my quick and easy solution:
• Call 611 (AT&T Support)
• Talk to a few people, get transferred to Apple and back, finally get an actual Technical Support person
• Say "This sucks. My phone isn't making or receiving calls reliably. And the 3G doesn't work in an area that you advertise it should. I'm not paying full price for a phone that works 50% of the time."
• Tech says, "That's perfectly reasonable. I'll refund 50% of your next month's bill."
I actually did this, and I actually did get a partial refund ($60 on our 2-line plan). AT&T reps seem to be pretty sympathetic to our issues, so maybe the next time you get all litigation-happy, you might want to call and talk with someone lower on the totem pole first...
froboy
aboriginal
Posted 12:24 AM 22/8/08
What's this? Inbred Irene can't get a signal in her trailer park double wide Faraday cage? Jeez frickin' Louise, who do ya blame first? AT&T for not putting coverage out in suburbia zones or Apple? Don't like it? Return it. There's three targets here (Infineon, Apple and AT&T) so let's all chill, and I'll wait to see this twink on Judge Judy.
aboriginal
banmojo
Posted 1:52 AM 22/8/08
@justinpe: whatever dude. 10s of thousands of people HAVE been complaining about crappy 3G performance, and in my neck of the woods we won't be SEEING 3G for at least 2 more years, but I still have to pay the 30$/month data fee like those of you in NYC, etc. that's bullshit, and I for one welcome our new class action lawsuit overlords. sometimes lawyers, however stinky assholed they are, do help the little guy.
banmojo
bnutz
Posted 1:50 AM 22/8/08
@SpeedyGonzalas:
This ain't grammar school.
bnutz
bnutz
Posted 1:48 AM 22/8/08
@vgart:
You should sue yourself for not being able to use a computer, or for being dumb enought to put vista on a 8yr old computer.
bnutz
tayaya
Posted 2:27 AM 22/8/08
I hate how lawsuit happy our country is... but in this case I'll jump on the bandwagon if this lady's allowed to actually get this case in front of a judge.
I have had sub-par to absolute shit in regards to the reception and 3G performance on my iPhone since I got it.
If I enable 3G anywhere near or in my home or office, or anywhere in between, I get 1, sometimes 2 bars of signal, and data moves just as slowly as it did on EDGE... so much so that the phone eventually gives up on 3G and flips back over to EDGE anyway, but with all the battery drain of 3G.
If I was in an area of crap 3G according to ATT's coverage map then I would suck it up and not worry about it for now. However, Aurora and Bolingbrook, IL are deep blue, city-wide... according to ATT there's mad coverage here.
Downtown in Chicago proper, the 3G is 5 bars strong and fracking wonderful.... so I really don't think it's the phone so much as ATT advertising more 3G coverage than they really have.
tayaya
shenanigans61
Posted 6:19 AM 22/8/08
@takashimiike 3G edition: Nope, just wanted to jump on the bandwagon.
What? No fanboy-y enough? Damn. Jobs will sentence me to 5 years hard labor now :(
shenanigans61
mciarlo
Posted 8:56 AM 22/8/08
@BillyShears:
The reason I disagree with you is because I'm one of those people who stuck it out passed the 30 day period. My reasoning was simple: Apple has a track record of excellent products. However with the iPhone 3G I have had reception issues, battery issues, quality issues, etc. I was hoping updates would come to remedy the situation, but so far - nothing promising. In the meantime, I'm paying for a phone that, IMO, is nothing more than a shiny battery drainer.
If nothing else, I'd be happy with a software update to fix the issues above, or some evidence to suggest hardware defects. Knowing the truth is half the battle. Getting a replacement should this lawsuit succeed is the other.
Truthfully, if I were Steve Jobs, I wouldn't be happy with the new iPhone and I don't think expecting a product to work as advertised is inappropriate.
mciarlo
KLanD
Posted 2:31 AM 23/8/08
@mciarlo: Actally, Apple has had just as man failures as most companies. They are just really good at hiding it.
As for the Iphone 3G. It's a POS. My boss bought one and it died after 3 weeks. he's been on the phone now for 2 days trying to get it replaced, but neither Apple nor Rogers is willing to help him atm. Looks to me like he'll be back to a blackberry again soon (similar thing happened to him with the original Ipohne).
KLanD
videoCWK
Posted 8:54 AM 23/8/08
Someone should start a "Who's Suing Apple?" blog. It happens often enough.
videoCWK
Barion
Posted 9:56 PM 23/8/08
The only people who strike it rich in class action lawsuits are the lawyers. Otherwise, everyone in the class just gets a certain amount from whatever the settlement fund winds up being, which never amounts to a whole lot...but is usually nice to get (like I got a check for $80 from a class action lawsuit against my employer over overtime wages...not much, but it was nice to get; or the one-month free upgrade from Netflix to the next highest plan I got from the class action lawsuit over some of their practices).
No one initiates a class action lawsuit to strike it rich. Everyone in the class ends up splitting the settlement...it's primarily done to rectify a wrong by combining everyone with a gripe into one big plaintiff.
Barion
elegantelliot
Posted 7:01 AM 24/8/08
wow. people are getting angry at a woman who wants compensation for a product which was sold using false claims? lets not let brand loyalty get in the way of consumer protection.
elegantelliot
ifsix
Posted 8:13 AM 22/8/08
i couldn't agree more. alabama would be the last place you should look for technologies like 3G (or the iphone)...
Red Hat Inc
4900 Corporate Dr NW # L
Huntsville, AL
NVIDIA Regional Office
9668 Madison Boulevard
Madison, AL
Sun Microsystems Inc
1525 Perimeter Pkwy NW Ste 100
Huntsville, AL
Intergraph Corporation
170 Graphics Blvd
Madison, AL
Digium, Inc.
455 Jan Davis Drive
Huntsville, AL
Lockheed Martin Corporation
1500 Perimeter Pkwy NW # 123
Huntsville, AL
Northrop Grumman Corporation
5030 Bradford Dr NW # 220
Huntsville, AL
Boeing Company The
499 Boeing Blvd SW
Huntsville, AL
Teledyne Brown Engineering Inc
300 Sparkman Dr NW
Huntsville, AL
ifsix
halfpipetrick
Posted 3:08 PM 21/8/08
I live in Los Angeles. Not a small town by any means...I have to keep 3G off on my phone otherwise I am guaranteed dropped calls every single time. Not to mention the fact that reception is non-existent on the street I live on in the middle of town...It is lame. Bravo on the lawsuit!
halfpipetrick
SirNilsOlavThePenguin
Posted 2:49 PM 21/8/08
What's Alabama's motto again? That's right...Thank God for Mississippi
SirNilsOlavThePenguin
mario.guzman
Posted 1:35 PM 21/8/08
Wow... ummm does she know she can save time and just return the damn phone? If she doesn't like the service, why sue. People these days just sue because they want money. I hope she loses the case. As customers, we all have rights without being penalized such as returning the phone without being penalized if coverage isn't okay and if you are not satisfied with the product. Is she retarded? hmmmmm
mario.guzman
DerekSage
Posted 1:14 PM 21/8/08
Please give me the opportunity to post facts in this case - proof that the iPhone's connectivity does deliver twice the speed... at half the price. And then let this fool pay the consequences of her B.S. trivial lawsuit, pay for her own time, and pay penalties to Apple for her feeble attempts to rip-off other folks for her own self-benefit. What a pain in the ass. Best Regards! Mark
DerekSage
VANGOR
Posted 1:01 PM 21/8/08
I live in Birmingham and my iPhone 3G gets great 3G coverage and I have only had a few dropped calls. She probably just got a defective device.
VANGOR
bunker25
Posted 12:59 PM 21/8/08
@zamafir: I think my iPhone 3g is defective too I only have one bar on the 3g network and only work half the time. Plus it keeps just going to a black screen and resetting to the home page. I'm Thinking lawsuit as well.
bunker25
AbeFroeman
Posted 12:27 PM 21/8/08
Word on the street is that Ms. Smith will settle if Apple provides copy/paste and Flash support.
AbeFroeman
myelin
Posted 11:29 AM 21/8/08
"While the idea of someone in Alabama using an iPhone might take a second or sixty to process, she actually lives in Birmingham, one of the state's few bastions of civilization"
I've lived in Alabama all my life (Huntsville and Birmingham--are those the same as the redneck colonies that are in Alabama) and it makes me laugh when people make fun of Alabama all the time out of ignorance...oh well...
Yet this girl needs to take her "redneck" panties out of a wad. I've had nothing but perfect coverage in Birmingham. She probably bought the redneck version.
myelin
slmb6e
Posted 10:45 AM 21/8/08
I live in Birmingham and had the original iPhone and experienced decent reception. I got my 3G a couple of weeks ago and the reception is awesome. I was in traffic the other day, and decided to run a speed test on my iPhone on 3G. It was 1329kbps! I have been pleasantly surprised with how well the 3G has performed for voice and data.
slmb6e
Qotros
Posted 10:21 AM 21/8/08
Seriously? It's hard to believe that people in Alabama would be using an iPhone? Wow, i truly wasn't aware the "outside world's" opinion of us was still in the realm of grits and no running water. Sheesh.
Qotros
itwasthechad
Posted 10:03 AM 21/8/08
Wow, you people are harsh! I waited three hours to get my iPhone 3G the day it came out and I routinely have no 3G access even though I live in San Francisco and work downtown. I fully support the ability of consumers to seek recourse from companies when they don't provide the products and services they advertise. While I like the product, I'm highly dissatisfied with Apple's inaction and customer service.
itwasthechad