National class action lawsuit filed against Apple and AT&T over ‘defective’ antenna issue

Invisible Shield for Apple iPhone 4!The following is a statement from Carp Law Offices, LLC, verbatim:

Carp Law Offices, LLC, on behalf of Dr. Thomas Gionis and other similarly situated individuals, has initiated a class action law suit against Apple, Inc. and AT&T, Inc. The complaint revolves around the defective antenna installed in the new iPhone 4, and Apple and AT&T’s refusal to correct the issue or to accept returns of the phone without restocking fees or contract penalties for attempting to void the service agreement before the contractual two year period has run.

Despite a constant barrage of complaints from frustrated iPhone 4 users, Chief Executive Officer of Apple, Inc. Steven Jobs has labeled the iPhone 4 as “the most precise thing Apple’s ever made.” Purchasers and users of the Iphone have been falsely induced to buy a product that requires the user to hold the phone in a particular manner in order not to disable the external antenna. Apple is aware of the design defect, but has suggested the only remedy is to hold the phone differently, or to put a rubber shield around the product to prevent the user’s skin from blocking cellular signals.

Apple, Inc and AT&T. began to sell the iPhone on June 24, 2010 and has reported sales of over 1.7 million units within the first three days of sales. Apple, Inc. has touted the iPhone and on their web site is a quote from the founder that “This is the most successful product launch in Apple’s history,” according to Steve Jobs, Apple’s CEO. “Even so, we apologize to those customers who were turned away because we did not have enough supply.”

According to Robert Carp of Carp Law Offices, LLC of Newton and Gloucester Massachusetts, the refusal of Apple and AT&T to both acknowledge and offer to fix user’s phone’s is incredulous. “This was one of the most highly advertised retail products to ever to be released. Now, with enough feedback to clearly demonstrate the flawed antenna, Apple has refused to offer a fix or any other sort of work around except to tell its customers “to hold the phone differently”. This sort of advice coming from a firm that prides itself on cutting edge technology is incredulous, and the hallmark of a corporate mentality that only acknowledges mistakes when sufficient critical mass is raised by irate consumers.

The complaint filed by Carp asks for class action certification, and for an injunction to prevent Apple from further manufacturing any more iPhone 4’s until the problem is acknowledged and repaired. “We are trying to help the millions of consumers who have bought what they thought was the benchmark of cellular and handheld technology, only to be told that handling the phone could potentially remove its ability to accomplish its primary purpose – to make and receive cellular phone calls..” The refusal of Apple to accept returns without a stocking fee is an insult to consumers who purchased the phone based on Apple’s immense marketing scheme, and even if they are successful in returning their phone, they are still stuck with maintaining a cellular contract with AT&T for two years.

Main Contact: Robert H. Carp, Esq.,
Website: www.carplawoffices.com

Source: Carp Law Offices, LLC

MacDailyNews Take: Sharks in the water; smelling blood. Must be from what’s left of Apple’s laughably inept PR department.

Good luck getting out in front of this now, Apple. It’ll just fester over the long Fourth of July weekend.

Again, to clarify: The iPhone 4 in a proper case has the best reception of any iPhone to date. In fact, it beats Google’s rebranded HTC Nexus One Android phone in tests, for what that’s worth. All cell phones suffer from some attenuation when held in certain ways. The problem, as is often the case, is not the hardware or the software, but Apple’s handling mishandling of the situation from a public relations standpoint.

All that said, we reiterate: The iPhone 4 is the best smartphone/pocket computer we’ve ever used. We wouldn’t give our units up even if they had to held with salad tongs.

37 Comments

  1. Uh. The first part of this lawsuit has no merit whatsoever. AT&T;’s return policy on the iPhone is 30 days without penalty. Apple’s standard return policy is 14 days, but it matches AT&T;’s 30 days on the iPhone. Also, Apple does not charge a restocking fee on the iPhone because Apple employees open the box in the store in order to activate it for the customer.

  2. The “takes” provided by MDN changed around October 2008. Someone new must have taken over then. Now, I’m beginning to think Gizmodo bought the site. MDN you are way overboard.

  3. I usually don’t criticize MDN but you’re so full of shit! When you 1st heard of this situation you blew pretty much threw apple out the window just so you could show people that you were non-biased.

    When good reputable information came out, you back peddled and started clowning people who repeated the same things you had stated just a day earlier. MDN I’ve been on your site since late ’03 but this is just downright sad and almost stinks of the same communism you say our current administration follows.

    AND STOP CENSORING PEOPLE POSTS DAMN IT

  4. Thanks for updating MDN Take regarding the sometimes real sometimes fake Steve Jobs emails…

    I’d like to emphasize that 95% of the 2 million or so customers who actually own an iPhone 4 probably don’t know or don’t care about these so-called “reception issues.” They don’t read MDN or Engadget or whatever tech web sites; they are silently happy with their iPhone 4 because everything is working just fine.

    No, I don’t have access any real numbers. I used “95%” because that makes the remaining 5% into a nice round 100,000 “complainers”; a very large number to be sure, but not if you look at the big picture. And, does it really seem like even 100,000 actual iPhone 4 customers worldwide are complaining about “reception issues”? Maybe more like 10,000? Still a large number, but that would mean 99.5% of iPhone 4 customers (199 out of 200) are the “silently happy” type. So think about the big picture, folks…

    So why all the hysteria? Because 95% of the online “noise” is coming from people who do not own an iPhone 4. And for the media, Apple “failing” is a better story these days than yet another Apple success story. Look how much coverage the relatively minor WiFi glitch at the WWDC keynote received. Look! Apple mess up… and we’re covering it!

    Apple sold around 2 million new iPhone during the first week it was available, ran out of inventory, and the vast majority of customers are “silently happy” with their new prized possession. That’s the real story here.

  5. @ken

    Well put and sensible, as usual. My guess is that this cheesy law suit will simply happen with little noise. People who sign on will be paid a few bucks each and the lawyers will rake in a bundle and the world will spin on. By that time the next iteration of the phone will be here.

    Written on my iPhone 3G, which I can’t wait to pass down when I get an iPhone 4.

  6. I seriously can’t believe that people are falling for this. I have purchased every Iphone on day one and Iphone 4 is without doubt the best of the group. Reception issues are not unique to Iphone or any specific brand. What is unique is that Apple has stood it’s ground against thieves and hacks looking to under-mind their products. As a result we have certain sites who are at legal odds with Apple trying to make an industry wide issue into an IPhone defect. Then we have the traditional ambulance chasers who see a dollar to be made through the courts. To top it all off we have emails falling from the heavens with Steve Jobs’ name on them so they must be true. We have believed in Apple for years and they haven’t failed us yet. If the phone is really that bad take it, back and get your hemdroid. MDN I can’t believe how weak you have been through all of this.

  7. I’ve got half a dozen tools in the garage that have instructions on hold to hold them. If I don’t hold them the prescribed way, they may not perform as advertised. I don’t get to decide how I want to hold them. When I get my iPhone 4, and see the instructions I’ve seen on almost all my other cell phones to avoid covering the antenna area when making a call, I’ll follow them.

  8. iPhone4 lacks so many functionalities HTC EVO 4G and other Android super phones have. Like, 8 laptop hotspot, HDMI outlet for TV, FM Radio, kickstand, running on 4G network, google gagole, customizing the phone, able to remove and change the battery…etc.. etc….

    iPhone4 or any iPhone is way behind in smartphone race.

    iPhone4 wanted to prevent HTC EVO 4G from gaining market, so they lowered iPhone price to $89, then AAPL tried to sue HTC right before launch of EVO 4G. Now AAPL in an attempt to beat EVO 4G rushed the iPhone4 and endedup with a seriously malfunctional phone.

    Primery function of any phone is making a call, iPhone4 DROPPS SIGNALS and DROPS CALLS, EMAILS HACKED, SCREEN WASHED WITH YELLOW COLOR.

    iPhone4 SUCKS, it’s an inferior product

  9. I guess I should have no problem suing Nokia and Motorola…I owned phones from both of them and they dropped calls like a mofo all the time…Hell I guess we should all get to sue for dropped calls…

  10. @Dobi Hacked emails? That was AT&T;not iPhone. Suing HTC? They stole their IP, perfectly fine to sue. Dropped calls? All phones do it and they all have that weakness. Yellow screen? Exchange it free of charge and also get your eyes checked while you are out of your mom’s basement for once. Any other questions to show how badly you fail?

  11. MDN you need to chill man. Go break the seal on a cold one and relax ok? Keep this up and you’re gonna toss out the crown jewels. And if you can’t figure out what the crown jewels are email me and I’ll tell you why so many of us have stuck with you even though your politics are disgusting.
    I repeat, you are in danger of throwing away YOUR crown jewels!

  12. @NASAMan,

    You’re comparing a consumer device to power tools? The implication is that iPhone 4 isn’t intuitive to even *hold*, which boggles the mind.

    I can (barely) buy Apple telling us not to use laptops (sorry, “notebook computers”) on our laps, lest the heat burn them. It’s quite another to tell people not to hold a phone in one of several utterly natural manners.

    This isn’t like a bad habit someone picked up from using Windows, it’s innate and aside from ensuring it’s right-side up, no one should have to even think about whether they’re holding a phone wrong. Period.

  13. RicMac,

    Exactly what are you objecting about in MDN’s Take?

    Do you actually think Apple’s PR dept. is doing a bang-up job on this fiasco that has spiraled way out of control?

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