“Amid growing criticism from 3G iPhone customers, a class action complaint was filed against Apple Tuesday in U.S. District Court in Alabama,” Ashley Phillips and Ki Mae Heussner report for ABC News.com.
“The lawsuit alleges that despite aggressive marketing that the 3G iPhone is “twice as fast for half the price,” the much-hyped smartphone is actually much slower than advertised and prone to dropping calls,” Phillips and Heussner report.
MacDailyNews Take: Apple clearly states on their website (in multiple places):
Twice as fast. Half the price.*
*Comparisons between iPhone 3G (8GB) and first-generation iPhone (8GB) running on EDGE. Actual speeds vary by site conditions. Requires new two-year AT&T rate plan, sold separately to qualified customers.
Phillips and Heussner continue, “‘Apple sold these devices on the promise that they were twice as fast as the pre-existing phones and that they would function suitably, or properly, on the 3G network. But, thus far, Apple and the phone have failed to deliver on this promise,’ Jonathan Kudulis, an attorney with Birmingham, Ala.-based Trimmier Law Firm, told ABCNEWS.com. Trimmier is the firm representing the Ala.-based plaintiff, Jessica Alena Smith. But Kudulis says, because the complaint was only filed yesterday, Apple has not yet been officially served with the lawsuit.”
“Earlier this week, as customers complaints ran rampant, Apple released a software update for the 3G iPhone on iTunes. The software, called iPhone OS 2.0.2, is for “bug fixes,” but whether that includes the problems customers described to ABCNews.com is unclear. So far, Apple has not released a statement elaborating on the software update,” Phillips and Heussner report.
MacDailyNews Take: That is incorrect. USA Today’s Ed Baig reported yesterday, “Apple spokeswoman Jennifer Bowcock said on Tuesday, ‘The software update improves communication with 3G networks.'”
Phillips and Heussner continue, “Jupiter Research analyst Michael Gartenberg characterized the problem as a minor one. ‘Any product is going to exhibit a certain amount of problems. Well, I have reception problems with a variety of [carriers]. Reception in terms of cell phone really comes down to where you are,’ he said. ‘I’m not seeing anything that indicates that this [is] widespread. & If the Internet tends to magnify smaller problems, then the fact that it’s an Apple product tends to magnify it even more.'”
Full article, full of uninformed speculation, including a recycled “recall” FUD from quote-for-hire Rob Enderle, here.
A mere six weeks after initial release, Apple is perfectly within their rights to be fine-tuning and optimizing iPhone 3G software, if that – as we currently believe – is indeed what’s happening.
Ooooh, look! Free money! Gimme!
I hope she’s ordered to pay Apple’s legal fees, for clogging the system with a frivolous lawsuit. It’s the carrier that is responsible for dropped calls, not the hardware manufacturer. Besides I really doubt she could prove that her calls were worth the amount she is probably suing for, even if she somehow won.
Oh, pleeze!
Someone please do some tort reform! I bet that they didn’t sue Microsoft for Vista saying it was advanced technology…
Alabama? Have you been to Alabama?
Possibly they have too many “Southern Cross” flags flying from the local towers.
The problem with getting switchers is that the ranks of Apple users swell with whiners…..
Being twice as fast as EDGE should have been a really low hurdle to clear. Seriously, EDGE is like getting sketches of websites delivered by carrier pigeon.
“Possibly they have too many “Southern Cross” flags flying from the local towers.”
I think you are referring to the Stars and Bars. The Southern Cross is the flag of Australia. Just sayin.
I’m amazed the lawyers didn’t file suit in the Eastern District of Texas. Talk about needing reform!
Apple isn’t innocent here. Come on people most of you will blindly follow anything Apple says or does and make excuses for them when they are wrong.
The twice as fast and half the price is a bold faced lie!!!! It’s not twice as fast and it actually costs more over the required 2 year contract.
This may just be to try to reduce some of the switching to iPhones (and to the Mac) as Friday’s multi nation roll out continues.
When innovation and R&D;fail, get out the lawyers!
Ever since I upgraded to the iPhone 3G, I’ve had more dropped calls than the previous model. Additionally, .mail, iCal, and my address book is not being pushed even though the settings are in push. Moreover, it’s not just the dropped calls. I’ve experienced more applications quitting abruptly on this model than the previous one. I am still trying to resolve these issues with tech support. However, I just feel that people now a days are just too litigious.
Eastern District of Texas? Have you watched Southern California- Seriously, please class action our Legislature! They should be sued for “for the people!” Arrrrghhhhh, they only sue the wrong people!!
My over taxed, under-represented, FAILING, OVERSPENDING, LATE FOR A BUDGET-EVERY DAMN YEAR and partisan California government two cents worth!!!!!!
Apple ought to just give her a US$500 refund and make her give the iPhone back…
… then tell her 2 go back to her trailer and StFU. Damn whiners.
Eastern District of Texas? Have you watched Southern California- Seriously, please class action our Legislature! They should be sued for “for the people!” Arrrrghhhhh, they only sue the wrong people!!
My over taxed, under-represented, FAILING, OVERSPENDING, LATE FOR A BUDGET-EVERY DAMN YEAR and partisan California government two cents worth!!!!!!
Sorry, but it is so upsetting- had to post twice!!!
@NCG598
turn the reverb down a bit.
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Not to get into a pointless flag discussion but the stars and bars is actually the first flag of the confederacy which mimicked the union flag but only had three stripes instead of thirteen (hence stars and bars). The southern cross is the confederate battle flag which is most familiar (giant blue x with stars – general lee and dukes of hazzard). The x is actually a St. Andrew style cross which is also part of the design that makes up the Union Jack (Great Britain) and is featured in the upper left corner of the Australian flag. Why the plaintiff being from Alabama would have anything to do with the lawsuit being frivolous is beyond me. The appropriate regional stereotype for that sort of thing would be New York or Las Angeles not Alabama.
CHECK!
Reverb level reduce-Check.
Sound system knobs netural- Check.
Good to go!!!, GGGood to gggooooo!!!!!!
DAMN!, DAMN!
Hate Vista, Vista………….
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Regardless of her state of origin I do agree that the suit is frivolous.
Greg M “Apple isn’t innocent here. Come on people most of you will blindly follow anything Apple says or does and make excuses for them when they are wrong.”
Far from it. I just *hate* frivolous lawsuits.We ALL end up paying for it. It is theft from every customer that buys a product. Plain and simple.
I hate theft.
@silverwarloc
Dropped calls might be an issue with a small (~2%) of 3G models. If you are one of the few effected by this Apple says they are working on a software fix. It’s hard to be sure what is causing your dropped calls since network coverage and many other issues could be at play.
Push issue you don’t mention if you’re using MobileMe or Exchange, but that is an issue that Jobs says they will be working on if you’re using MobileMe, and they have given an additional 60 days free. I don’t use the push feature, I just use sync myself.
Apps quitting? Like Safari? Mail? 3rd party? You don’t specify. Third party did not exist before the 2.0 software came out. That’s something I expect Apple will be working on over time to get it more stable. I had numerous Safari quits under 1.x tho.
“Apple, you say you’re snappier, well, we’re Trimmier. Show us the money.”
Interesting world we live in…
Apple is under pressure to make things actually work because they, so far, refuse to follow the Microsoftian establishment where product is churned out with known flaws, many of them fatal, and that’s okay because that keeps the buzillions of trained and certified MS IT and service techs feeding off of the calculated flaws that MS intentionally builds into their products.
Just for the sake of trivial pursuits, I wonder how many millions, nay billions, of dollars are wasted in billed time, salaries, and lost productivity on MS products and MS “Certified” products on an annual basis – And I have to, in turn, marvel at the amazingly subdued outcry.
Don’t forget, for all of you long time Apple nay-sayers, that Apple computers and products are just toys – is it really worth a law suit? Wink wink, nudge nudge, say no more, say no more…
Thanks MS for setting us up for techno-communism where the real atrocities are eagerly overlooked and true innovation and problem solving becomes the scapegoat.
Here’s a thought – Maybe that’s why Apple keeps so much cash on hand, because they see the proverbial handwriting on the wall.
AT&T;needs to fix their damn network – when I have good 3G it is really fast.
If Apple let the case in Alabama which they’ll likely do. She stands a much better chance of loosing and the case being tossed on merit alone.
Her attorney was blinded with dollar signs and jumped in with both feet without looking. The fact that he’s talking to the press even before Apple has been served said, all that needs to be said about his legal ethics.
@Useless and Questionably Accurate Information
You do live in the United States of America – Right?!