“A lawsuit filed in San Jose, Calif., on Thursday claims that Apple misled iPhone customers by displaying a stronger carrier signal than was actually available,” Thomas Claburn reports for InformationWeek. “The allegations arise from ‘antenna gate,’ the public relations crisis last summer precipitated by then-CEO Steve Job’s dismissal of complaints about call reception issues following the iPhone 4’s 2010 launch. Though Apple largely undid the damage and helped make the iPhone 4 a phenomenal success, its mea culpa is being used against it.”
“The company’s public letter, which acknowledged that ‘the formula we use to calculate how many bars of signal strength to display is totally wrong,’ forms the basis of plaintiff Daniel Donohue’s lawsuit… [which] seeks recompense for the effect the faulty signal calculation method ostensibly has on the iPhone’s resale value,” Claburn reports. “‘The value of an iPhone with a fatally flawed Signal Strength Meter is less than the value of the same iPhone without the flaw,’ the complaint states.”
Claburn remarks, “Evidently, it would be too much trouble to download the iOS update that fixed the erroneous signal strength formula.”
Read more in the full article here.
MacDailyNews Take: We echo the causticity of Calburn’s final quoted sentence.
money grabbers who aren’t smart enough to invest into apple shares
poor fools
Dismissed.
Since other phones had similar problems with indication, do these people sue Apple’s competitors?
If this guy is saying that he would not have bought the iPhone based upon an ACCURATE representation of signal strength, that’s likely a valid basis for a complaint. Seems to me, though, that for “resale value,” the guy is going to have to prove that it did in fact affect the resale value. Good luck with that one.
AT&T people. AT&T is the company you want to annoy with frivolous, irrational, ignorant, stupid lawsuits. Not Apple. How many times do I have to explain this?
Tort reform. Please, God, give us tort reform.
We don’t need so-called tort reform. We need laws against frivolous lawsuits, like this one. A stiff fine for those lawsuits deemed nuisance or frivolous would put a halt to this kind of nonsense. “Tort reform” is just another right wing slogan for screwing victims of corporate malfeasance or medical malpractice by limiting jury awards. No one has been injured due to phone signal strength, this is just somebody trying to capitalize on a poorly defined standard. Throw it out.
Tort reform was meant to stop frivolous lawsuits, but ended up screwing victims. People always go back to McDonalds coffee incident. McDonalds had thousands of complaints of lids easily poping off and burns from coffee. Then an elderly woman gets 3rd degree burns between her legs. Yeah, not frivolous. Just an accident waiting to happen.
How does tort reform screw actual victims? The plaintiff in the coffee incident had a legitimate case. She won the case. Tort reform would have done nothing to stop that. But it would stop someone WITHOUT a legitimate case from bringing a frivolous lawsuit.
Dude,
No coffee cup ever made in human history has been designed to be held between two fat thighs in a moving vehicle.
How the hell can that case not be frivolous?
Beacuse the case was not about the coffee spilling, it was about the coffee being too hot. Look it up; McD’s was keeping their coffee at an unsafe temperature, for no good reason.
2 fat thighs in a moving vehicle? Shows how little you know. The elderly woman was thin and frail, in the passenger seat, and the car was parked.
One guy had the bottom melt out of the cup as he was walking to his car and he got 3rd degree burns on his foot. McD’s quietly settled something like 5000 of these cases without changing their policy of keeping their coffee at 200 degrees F before a jury finally awarded punitive damages in this case. Punitive damages can be awarded only when the defendant knows they are damaging people and disregards that fact, or knowingly breaks a law.
That case started the talk of tort reform. Lobbyists in the USA have lots of power. The companies got a lot faverable decisions about employees rights, and gave victims low caps. A doctor failed to recognize a condition that made a one child in a set of twin severly retarded. The tort cap was rediculious. The kid needs 24/7 care for the rest of his life and the money could only sustain them a few years of care.
You are exactly right. The artificial caps unfairly penalize true victims while doing little or nothing to reduce cost increases. But politicians and others conveniently fail to recognize or acknowledge that fact.
Texas politicians are so full of this crap, and yet they continue to get elected. It is very sad.
And who exactly determines what is “frivolous”? Tort reform would bring us in line with, oh, every other country on planet Earth. Loser pays legal fees of both parties. THAT would stop frivolous lawsuits. Not more subjective laws.
I agree with your conclusion that legal fees should be paid by the loser. But there shouldn’t be arbitrary limits on damages (and “frivolous” can be legally defined, either by courts or legislation.)
I agree trex on no arbitrary limits, that should be reformed also. I don’t believe that further laws should define “frivolous” though. I would hope that a loser pays system would be a deterrent from truly frivolous lawsuits. That hope may be misguided though.
What the fuck does god have to do with it?
That would be an exclamation of despair. What the fuck got you so upset about it?
Breeze you are a bit uptight. You didn’t complain about: “How the hell can that case not be frivolous?” Is talk of hell ok with you, but talk about God is not? Get a life before you end up dead, all dressed up and no where to go.
Careful, breeze. She’s watching you!
I would love to see the judge look at the papers, then turn to the lawyers and just say, “ok stupid, plug in the phone and update the phone like Apple told you to do. Millions have done it already, or are you just too stupid? Oh, wait, you are smart enough to talk the lawyer into bring this case on and wasting my time. I’m tossing this lawsuit to due to stupidity.”
I’d love to see that, but most likely wont
And he could add: ” And you, dumb shit lawyer, you get nothing from your client for even thinking about bringing this suit “.
The value of an iPhone with a fatally flawed Signal Strength Meter is less than the value of the same iPhone without the flaw
Take two iPhones, in identical physical condition, one with the old software and one with the new and improved. Sell them to one of the many outfits that buy used cell phones. If they pay the same amount for both phones, this suit is without merit.
Just another dumb ass user who hasn’t updated the software, and another money hungry lawyer trying to rip off the legal system AND the taxpayers….Priceless.
Can someone in San Jose California, punch Donovan in the face for me. Thank you.
Best comment left here!
and a perfect solution!
Hopefully Daniel Donohue bought it off Craigslist and jail broke it. What is a Daniel Donohue anyway?
Perfect closing statement!
My god. Was law not ment to be a protector? His can something like this even be allowed in court. How
This case is not about winning. It’s all about fees. I bet the attorney is going to make their client look as hapless as possible and Apple as the greedy, heartless giant.
I hope the judge throws it out and dresses down the attorney for wasting everyone’s time.
Only in America:)
Just another “Occupier” looking for a freebie and who’ll stop at nothing to get it.
Spewing Neo-Con-Job propaganda is so kewl!
The subject is Apple.
What an idiot. He probably also sued Toyota when he ran out of gas when the gas gauge was only “barely below E.”
There will be no cessation of frivolous lawsuit unless and until the Democrap Party decides that reasonableness, rationality, and legitimacy are more important than individual campaign contributions and moral turpitude.
http://www.mysanantonio.com/opinion/commentary/article/Tort-reform-foes-love-Democrats-2236264.php
Here I was almost at the end of a great bunch of comments, thinking to myself, “Wow, not one moronic comment.” And then I read yours.
Why stop regurgitating petty insults? Explain yourself.
Why should he explain himself? I understood him perfectly. Which only supports his point.
Anyone can say that they have understanding. The point is, if you don’t have the brains to explain your reasoning it leave serious doubts regarding your honesty and intelligence. So, are you a liar, an idiot, or both?
That must be Mr Dummass suing!
I’ve generally found that it’s more effective to refute an opinion or statement that you disagree with than it is to engage in name calling.
You should try it some time.
Possibly the most frivolous of this year’s crop of frivolous lawsuits, But let’s face it: These frivolous lawsuits couldn’t exist without the support of a frivolous legal system that takes completely ridiculous allegations so seriously.
Why install an update when a you can use a lawsuit to get Apple to pay you some money to go away?
Geez. I can’t believe such a frivolous issue begets a lawsuit. One would think consumers who bought a Macs mainly for the advertised MobileMe integration (a mere six months ago) would be suing Apple en-masse for breach of promise and failure to provide services, but no, instead it’s over a stupid signal strength algorithm that’s already been corrected.
It is called a free update. Syncope don’t want to take ownership of their actions. Grow up and take responsibility for the amazing electronic item you chose to purchase.
Some people not syncope. Sorry
You want recompensate. Ok $5 to download the new iOS before you sell the phone. Now piss off!
Nice. If dice was a lawyer this would alll end
That’s a terrible case of jury misconduct, giving huge sums of money for someone essentially juggling grenades.
I do not care how hot the coffee was you do not have a right to expect it to be safe to put a cup of hot liquid between your legs, any more than I have a right to point a gun at my face while I clean it, or a right to expect a knife not to be sharp when I cut with it.
Some personal responsibility please.
This is why I can’t stand the US and the many superficial and materialistic people inhabiting it. The legal system needs an overhaul!
Yeah! You tell them maybe you should try the legal system in Italy? Or how about Germany? Or the Mideast where you not only lose money but a tongue or a hand if you lose in court. You din’t know how good we have in the USA.
It’s inevitable, if one says anything negative about the US from an objective standpoint, someone will most certainly feel a personal attack, without really understanding the source of the matter;) I live in both countries dear hankster, and I’ve seen more than the average person will see in their lifetime. In any case, a person does not have to have any common sense whatsoever with that kind of legal system. How good do you have it in the basically bankrupt US? Don’t forget, the US sold themselves to the Chinese:). No one here talked about the middle east, Germany or Italy. The topic is the US, as always;)
Major *DING* John Doe.
But the subject is Apple.