iPhone 3G owner sues Apple over dropped calls, slow speeds

Alabama woman takes iPhone complaints to next level, demands class-action status.

An Alabama woman filed a lawsuit yesterday against Apple claiming that the company's iPhone 3G drops calls, has trouble connecting to AT&T's network and is slower than advertised.

The suit also seeks class-action status, according to papers filed with a federal court.

Dubbing the phone as "Defective iPhone 3G" throughout her lawsuit, Birmingham resident Jessica Smith charged Apple with breach of express and implied warranty, and failing that, unjust enrichment.

Apple's advertising blitz was misleading, the lawsuit claims. "Defendant intended for customers to believe its statements and representations about the Defective iPhone 3Gs, and to trust that the device was 'twice as fast at half the price,'" the lawsuit said.

Apple's marketing continues to use that phrasing. On the iPhone section of Apple's Web site, the headline reads "Twice as fast. Half the price."

Smith's specific charges would be familiar reading to any user who has skimmed the complaints posted on Apple's support forums. "Immediately after purchase, Plaintiff soon noticed that her internet connection, receipt and sending of e-mail, text messages and other data transfers were slower than expected and advertised," the lawsuit says.

"The Defective iPhone 3G appeared to connect to the 3G standard and protocol less than 25% of the time. Additionally, Plaintiff experienced an inordinate amount of dropped calls," the lawsuit continues.

Apple customers started complaining about 3G network problems within days of the iPhone's July 11 debut. Since then, several thousand messages have been posted to Apple's support forum, detailing difficulties making calls from areas supposedly covered by a 3G network and griping about weak signals, dropped calls and slower-than-promised data download speeds.

On Monday, Apple issued an iPhone software update that a company spokeswoman said today "improves communication with 3G networks." Users, however, continued to say otherwise on Apple's support forum, reporting that the iPhone 2.0.2 update did nothing to solve their 3G reception and connection problems.

In the count charging breach of express warranty, Smith's lawsuit again touched on Apple's promises. "Defendant expressly warranted that the Defective iPhone 3G would be 'twice as fast' and would otherwise perform adequately on the 3G standard or protocol," it said.

"The Defective iPhone 3Gs do not conform to these express representations because they fail to connect and/or adequately maintain a connection to the 3G standard and/or protocol."

The lawsuit asked that a federal judge grant the case class-action status, claiming that "the proposed Class contains thousands and perhaps tens of thousands of members." Smith also asked the court to force Apple to repair or replace the iPhone 3G, and award her -- and if the case is given class-action status, other iPhone owners -- an unspecified amount of money in damages.

Apple did not immediately reply to a request for comment.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags iPhone

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Gregg Keizer

Gregg Keizer

Computerworld (US)
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?