The first iPhone 4 class action suit against Apple and AT&T has been filed today in the United States District Court for the District of Maryland. The lawsuit focus on the antenna design problems, making several claims. Updated.
• General Negligence (APPLE and AT&T)
• Defect in Design, Manufacture, and Assembly (APPLE)
• Breach of Express Warranty (APPLE)
• Breach of Implied Warranty for Merchantability (APPLE and AT&T)
• Breach of Implied Warranty of Fitness for a Particular Purpose (APPLE and AT&T)
• Deceptive Trade Practices (APPLE and AT&T)
• Intentional Misrepresentation (APPLE and AT&T)
• Negligent Misrepresentation (APPLE and AT&T)
• Fraud by Concealment (APPLE and AT&T)
Apple has been criticised by iPhone 4 users and media for the antenna reception problems that seem to result from its design. Complains started to appear in MacRumors and Gizmodo one day before the official launch of the iPhone 4, from users who received their units earlier.
After that initial reports, thousands of users started to report reception and transmission problems in different countries around the world, which resulted in loss of internet connections and voice call drops and voice quality degradation.
The lawsuit was filed by Ward & Ward P.L.L.C. on behalf of Kevin McCaffrey, Linda Wrinn and a number of other iPhone 4 users. It is not the same iPhone 4 class action lawsuit currently in the works by the California law firm that sued Facebook and Zynga.
Apparently, this is not the first federal lawsuit. Several other federal lawsuits have appeared:
• Goodglick v Apple is filed by Kershaw, Cutter & Ratinoff LLP in the Northern District of California.
• Ngyuen v Apple is filed in the Southern District of Texas.
• McCaffrey v Apple is filed in the District of Maryland.
• Benvenisty v Apple is filed in the Northern District of California.
• Dydyk v Apple is filed in the Northern District of California.
The District of Maryland complaint