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.,
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.