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Consumers File Lawsuit Against Apple Over iPhone

Article Comments  100+  

Jul 1, 2010, 7:40 AM   by Eric M. Zeman

Two consumers, one in New Jersey and one in Massachusetts, have filed separate lawsuits against Apple over the iPhone 4's perceived faulty cellular antenna. Both lawsuits, filed in San Francisco, are aiming to become class action lawsuits, representing all customers with iPhone 4s. "Apple's sale of the iPhone with this unannounced defect, assuming Apple's prior knowledge of the defect, constitutes misrepresentation and fraud," Christopher Dydyk of Cambridge, Massachusetts, said in his complaint. "In omitting to disclose the defect in the iPhone 4, Apple perpetrated a massive fraud upon hundreds of thousands of unsuspecting customers." The iPhone 4 appears to lose signal strength if the lower left corner of the device is covered with the palm of your hand. Apple has suggested to users that they hold the phone differently or use a case so their hand doesn't come in contact with the antenna. Apple hasn't responded to the lawsuit yet.

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erik1230

Jul 1, 2010, 4:40 PM

There is a restocking fee!!!!!

If you want to return the beloved phone you need to pay a restocking fee.
So that "beloved" TV, or your "beloved" car stereo, iPod or even you're "beloved" game system has some kind of re-stocking fee. (if you can return them at all after being used!!!)

Word on the street has it that any device being returned fails to qu...
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crood

Jul 1, 2010, 7:55 AM

Really??

Isn't everyone with an iPhone4 still within the window where they can return it without penalty? What damage could possibly have been done that warrants a lawsuit?

If you believe it's a bad product, return it and get your money back. If you complain loud enough, you might even get credited for the airtime you did use.

I've only owned one Apple product in my entire life (160GB Ipod Classic), and that was a gift. I have no love for Steve Jobs or his company, but this is a societal issue that has to end.
No, they can't return it. Cause people who own Iphones are zombies and believe that the Iphone is the only phone in the whole world 🤣
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At first I was thinking the same thing - they can just return it... but then I was thinking, depending on how these people purchased the phone, they might actually have a right to sue. For example:

1) If they didn't pre-order and waited in a stupi...
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I think they are only suing Apple because they see potential money in this. I am glad I am wasn't one of the people who just HAD to have the iPhone 4. I am certainly happy with my iPhone 3GS. In some sick way these people deserve what they got! I thin...
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The real issue is that the design and engineering of the new iphone 4. Apple did a shoddy job and the dumbass Steve Jobs refuses to admit it saying that signal issues are a fact of life for every smart phone.

Steve, your iphone 4 is the only smart ...
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Then they (Apple / AT&T) charge a 10% restocking fee. That's adding insult to the injury..
Slammer

Jul 1, 2010, 8:30 AM

More Than Just This Version

It appears the suit could be derived from more than just the ip4. Many subs dropped their previous carriers and signed new contracts thus eliminating their old grandfathered plans. This could be damaging in terms of the offset in costs. The subs can back out of the deal, but cannot not return to what they had with their previous carriers.

Also: There is documentation of all the other previous iPhones not having as good signal and dropping more calls than other devices on AT&T, causing concern of on going reception issues related to design. I think these two frustrated consumers will be joined by many more that have experienced the same results.

I see potential valid claims on both these issues.

JB
Check out this exchange with Steve Jobs, he really doesn't seem to care much.

http://www.boygeniusreport.com/2010/07/01/exclusive- ... »
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Well considering how ATT reneged on some of it's entry requirements, I'm not surprised.

If anyone is aware of how strict ATT's standards are for pretty much ALL other phones, it makes sense.
netboy

Jul 1, 2010, 3:48 PM

you fool! not everybody know about defect !!

and not everybody know about defect within 30 days!
just like the toyota brake defect, you dont know about it until you heard it on the evening news!
this lawsuit is good for customers!
what if you making a 911 emergency calls, and the phone is unable to call since the signal dropped to "no service"?
I think everyone on this discussion board can agree that anyone involved in this frivolous lawsuit knows about the supposed defect.
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Menno

Jul 1, 2010, 10:32 AM

And people wonder why so many look down on the "american consumer"

Seriously.. This is stupid. I agree that the signal issue is something that needs to be addressed, but suing? that helps no one but the lawyer.

For one thing, EVERY iphone4 purchase is within the return period. If a device is defective, you RETURN IT. Not only does this solve your problem, BUT if people do it it will "teach the company a lesson" more than any stupid lawsuit will.

For another, ALL apple would have to do is give you a free bumper and they could claim issue solved (until they come up with a better solution). That being said the $30 bumper will be more than they'll get from a failed lawsuit.

Thirdly, it's my understanding that reception on this iphone is better than all previous versions (without the hand issue) so...
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But apple is to greedy to give away a free phone cover that cost them 30-90 cents to make.
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I've read reports, notably one on engadget yesterday, that show the iPhone antenna problem "looks worse than it is (but it's still bad)" where the independent researchers at AnandTech showed the phone getting better reception than previous generations...
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justfinethanku

Jul 1, 2010, 9:58 AM

Oh hey, it doesn't work. That sucks, I'LL RETURN IT

What in the world???

You can't simply return a phone anymore? AT&T and Apple are refusing to refund the money you spent?

I call BS.
Thats a poor response, so you would rather turn a customer away, then fix the issue. Especially a issue they new about before the launch. Apple could have fixed the issue, by offering free covers which cost them 30-90 cents to make, but no STEVE JOBS ...
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bluecoyote

Jul 1, 2010, 12:11 PM

Why they're not giving out bumpers (yet.)

If Apple pre-emptively gives out bumper cases, it's an implied admission (in legalise terms) that there's a design flaw in the phone. Then there actually is a viable grounds for lawsuit. ☹️

I just hope their response to this is more than a red "Don't touch here" sticker. (Remember those?)
It's interesting that you mention this, because I haven't heard anyone mentioning free bumpers .. I thought that was my genius idea and that it is the least they can do for the unhappy customers.

But I didn't even think of the angle that you mentio...
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I still remember on my first phone, it had a HUGE sticker that said "don't touch this during a call"

Didn't some people solve the issue just with a little nail polish? If that's the case, I think just putting some coating on the band (even if clea...
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fahrende

Jul 1, 2010, 10:15 AM

Paid the cost to be the boss.

All phones have similar issues like this.

Apple happens to be the hottest company out there so naturally, it has a large bull's eye in the Apple logo. Qualcomm has gone through this, Nokia has gone through this, and Apple actually also as a ton of experience with this as well.

BTW everyone, suing is not a difficult process. You can pretty much sue for anything as long as you file it. The question is weather this case holds any ground or not.

Business as usual. Funny how people think they're entitled to perfection.
couldn't have said it better myself.
The judge should toss this case out.
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smylax

Jul 1, 2010, 10:26 AM

They just want money

I'm sorry, this is stupid. Personally I can't stand Apple, but come on. This is just sheer greed. If you don't like/aren't satisfied with a product, RETURN IT! Or else just deal with it like with any other handset. You were dumb enough to buy a Kin and keep it? Deal with it. You were dumb enough to buy something that was hyped up and didn't live up to your expectations. You can deal with it just like people who buy the T-Mobile Vibrant and won't be happy that it has no FFC or who buy the Verizon Fascinate and don't get the 16gb of onboard memory. I didn't see anybody sueing Motorola over the hyped up RAZR that was a POS. Return it, get a different phone, same carrier or not, I don't care. Just don't complain about a product that is, overall,...
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famoussasjohn

Jul 1, 2010, 8:10 AM

They couldn't wait?

Apple has said an update is coming to fix this, and it could very well be an software issue, and they have said be patient, a fix is coming..
GeeksAreBest

Jul 1, 2010, 7:52 AM

Well of course not.

These people still have the ability to return their handsets. Whatever judge presides over this is going to look at those people like morons since they still have the capability of returning the handsets for another what? 24 days to return?
 
 
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