$5 Million Lawsuit Charges Apple With Fraud Over 3G Speeds

AK370Z · 11-23-2008, 11:19 PM

Quote:

A new lawsuit filed this week against Apple and AT&T charge the companies with a host of offenses related to the speed of the 3G network and the performance of the iPhone.

The lawsuit, brought by San Diego, California resident Peter Keller, and filed in the United States District Court, Southern District of California, accuses the two companies of Negligence, Breach of the Express Warranty and Implied Warranty of Merchantability, Fraud and Deceit, Negligent Misrepresentation, Unlawful Business Practices, and False and Misleading Advertising.

Keller says Apple markets the iPhone 3G because of its speed, but the phone and the network do not live up to the advertising that Apple and AT&T have given to it. The lawsuit also says that users only experience 3G connectivity a fraction of the time.

"Consumers are unable to choose any other network or carrier when using their iPhone 3G," the lawsuit reads. "Through this joint agreement, Apple and AT&T have engaged in a collaborated scheme to deceive plaintiff and other consumers, since the iPhone 3G and AT&T 3G Network is faulty and rarely provides 3G connectivity to its customers."

The lawsuit seeks corrective labeling and advertising on the iPhone 3G, a constructive trust on all monies obtained by Apple and AT&T for the iPhone 3G, and punitive, compensatory and statutory damages.

This isn't the first lawsuit Apple and AT&T face over the speed of the 3G network. In August, an Alabama woman sued the companies for failing to deliver on the promise of fast speeds on the iPhone 3G.

Source: $5 Million Lawsuit Charges Apple With Fraud Over 3G Speeds - PC World

G in ny · 11-24-2008, 12:57 AM

lol dam wonder if she wins

Slidefox · 11-24-2008, 08:39 AM

Is this another get-rich-quick sceme??

AK370Z · 11-24-2008, 10:07 AM

People will sue for anything these days

Brazilbro · 01-10-2011, 09:16 PM

Maybe I should sue sprint because I'm paying 10 bucks more a month to have the EVO 4G and Its going on a year now and still no 4G service in Indianapolis or 80% of this freaking country!

Anatoray · 01-11-2011, 06:56 AM

Quote:

Originally Posted by Brazilbro

Maybe I should sue sprint because I'm paying 10 bucks more a month to have the EVO 4G and Its going on a year now and still no 4G service in Indianapolis or 80% of this freaking country!

Too bad they add "where available." at the end of that 4G statement.

As for this 5 mil lawsuit, I guess I can relate. At least, in the midwest, the 3G seems slower than what is expected, especially compared to other 3G devices I have used.

Junior370z · 01-11-2011, 08:05 AM

Quote:

Originally Posted by Anatoray

Too bad they add "where available." at the end of that 4G statement.

wonder if apple/AT&T has this also?

XwChriswX · 01-11-2011, 09:10 AM

I got a notecard for this in the mail a week ago.... I thought it was a scam...

But if AK posts it, it must be legit! Where's my money!?

ClemsonWill · 01-11-2011, 10:28 AM

No need to worry about this anymore. Verizon Wireless just announced they will carry the Iphone 4.

Anatoray · 01-11-2011, 06:31 PM

Quote:

Originally Posted by Junior370z

wonder if apple/AT&T has this also?

Yes, all cellular phone makers and carriers have this phrase. Its the first deterant for this kind of lawsuit.

dad · 01-11-2011, 07:03 PM

Quote:

Originally Posted by AK370Z

People will sue for anything these days

If it's a legitimate law suit-Do not pass it up! You will think about it later in life and be mad at yourself, because you didn't proceed with the suit! It's not the money from the suit that matters! It's the principle of the matter, to show the party that you are suing, that they were wrong!

11-24-2008, 08:39 AM	#3 (permalink)
Slidefox Previous Moderator Join Date: Nov 2008 Location: Arizona Posts: 1,534 Drives: A Pony Rep Power: 213	Is this another get-rich-quick sceme?? __________________ Forum Rules: Click Here Before Posting Click Here to Become a Premium Member Go Turbo or Go Home!!//Cowboys 2012 Superbowl Champs// Suns 2012 NBA Champions

11-24-2008, 10:07 AM	#4 (permalink)
AK370Z Administrator Join Date: Sep 2008 Location: NJ Posts: 9,930 Drives: 09 370Z MB Sports M6 Rep Power: 10	People will sue for anything these days __________________ The370Z Signature Pictures ll Want to rock our forum decals on your car? Then click here! ll How to Embed YouTube Videos In a Post STOP! (Hammertime) ll Become a Premium Member Click HERE ll F.A.Q. Are You a Nissan Dealer? Click Here to Become A "Supporting Dealer" and Start Listing Your 370Zs In Our Inventory Section My Monterey Blue Z ll My Exhaust --> My Intake --> G3 Nissan's Official Response Regarding Oil Temp Issue: CLICK HERE Need a Set of Cheap Winter wheels /Tires? Then Visit The Banner Link Below and Place Your Order. You'll Help Keep The370Z Alive.

01-10-2011, 09:16 PM	#5 (permalink)
Brazilbro A True Z Fanatic Join Date: Mar 2009 Location: Indianapolis, IN Posts: 1,131 Drives: Juke/240Z Rep Power: 848	Maybe I should sue sprint because I'm paying 10 bucks more a month to have the EVO 4G and Its going on a year now and still no 4G service in Indianapolis or 80% of this freaking country! __________________ Juke AWD/240Z SR20 08 Evo 10(Stage 2) SOLD Fastest Sport 6spd 370Z 11.8 @126.5SOLD

01-11-2011, 09:10 AM	#8 (permalink)
XwChriswX WFLYIDNNE Join Date: Jul 2009 Location: In The Fastlane Posts: 50,648 Drives: 02 GDB WRX Rep Power: 451	I got a notecard for this in the mail a week ago.... I thought it was a scam... But if AK posts it, it must be legit! *Where's my money!?* __________________ Bonnie - Stage 2, Audio build coming this fall! R.I.P. Abby 3/29/10 - 3/30/14

01-11-2011, 10:28 AM	#9 (permalink)
ClemsonWill A True Z Fanatic Join Date: Jul 2010 Location: Charleston, SC Posts: 12,045 Drives: a Civic VP! Rep Power: 444	No need to worry about this anymore. Verizon Wireless just announced they will carry the Iphone 4. __________________ Slightly modded

11-24-2008, 12:57 AM	#2 (permalink)
G in ny Enthusiast Member Join Date: Nov 2008 Location: new york Posts: 396 Drives: 2006 g35 coupe Rep Power: 227	lol dam wonder if she wins

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