Apple sued over 'broken promises' regarding 3G speeds

[AppleInsider]

A new class-action lawsuit claims Apple knowingly profited from faulty iPhone 3Gs that couldn't stay connected to the faster 3G network, costing buyers inferior service and missed opportunities to use an alternative provider.

California resident Jason Medway filed the 14-page complaint in a Northern California court this week on behalf of himself and thousands of other California customers who purchased the iPhone 3G.

The suit revives claims that the smartphone, launched last June, has a defect that keeps it from maintaining a signal on AT&T's 3G network. *Medway alleges Apple is aware of the problem yet continues to advertise the device's high speed while ignoring complaints and requests to remedy the situation.

"Despite knowledge that the iPhone 3G cannot maintain consistent 3G service, defendant continues to solicit new orders in a multimillion-dollar television and print advertising campaign for the iPhone 3G," the complaint says. *"Apple simply replicated the problems by providing consumers with replacement phones and thus subject to the same issues which prompted the replacements."

The suit goes on to argue that, as a result of Apple's misrepresentations, "thousands of consumers who purchased Apple's iPhone 3G and accompanying 3G service from AT&T have experienced broken promises regarding the phone's transmission speeds."

Attorneys for Medway are seeking damages for thousands of class members in excess of $5 million. *The complaint claims the plaintiffs should receive full restitution, including the "disgorgement" of all profits Apple received from sales of the device plus interest at the "highest rate allowable by law", along with attorneys' fees.

The complaint is the latest in a long saga dating back to last August that's pitted the iPhone maker against customers who believe the iPhone's 3G performance is subpar. *In early December Apple argued in response to one such suit that "no reasonable person" would take the statements in iPhone 3G ads as fact. *The response was preceded by a succession of lawsuits that claimed Apple and AT&T over-saturated the network, exploited its customers, fell short of promised performance, deceived customers of the real download speed, and even failed to warn about the "defective" third-party apps found on the App Store.

Ironically, an independent study commissioned by Wired last year concluded that iPhone data speed problems "have more to do with carriers' networks than with Apple's handsets."

AT&T, however, is not named as a defendant in Medway's suit.

[ View this article at AppleInsider.com ]

[Ub3RdoRK]

wah wah wah

how sad....anything to make a quick buck. we all know its not apples fault....

get over it

[themoonisdown09]

Originally Posted by AppleInsider

Ironically, an independent study commissioned by Wired last year concluded that iPhone data speed problems "have more to do with carriers' networks than with Apple's handsets."

AT&T, however, is not named as a defendant in Medway's suit.

I agree that the problem is with AT&T and not Apple. AT&T just wasn't ready for it.

[paxman]

And I'm suing Lotus. There is no way my Elise can do the advertised speed on my local roads. There should be a law that charges people the cost of wasting courts and taxpayers money dealing with claims like this.

[macFanDave]

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

[Adjei]

I have an iphone 3g on fido and have never had any of these complaints and you never hear any complaints from anywhere else in the world but good ol' America with AT&T, so it sure ain't the iphone's fault.

[teckstud]

Originally Posted by Adjei

I have an iphone 3g on fido and have never had any of these complaints and you never hear any complaints from anywhere else in the world but good ol' America with AT&T, so it sure ain't the iphone's fault.

It's Apple's fault for choosing AT&T.

[Booga]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

So return the phone. You have 30 days to do so without being bound by the contract.

I've had the opposite experience, so it's not inherent to the phone anyway. Hopefully this case gets thrown out of court fast.

[RichL]

Is it me or are there more idiots in the world since the iPhone was launched?

[VinitaBoy]

macFanDave,

Tell us, what other 3G phones have you tried in Houston in exactly the same areas, with exactly the same carrier (AT&T), at exactly the same time of day?

And how have you documented these tests? Please pass along all results as soon as possible so we can confirm your findings/suspicions, OK?

(Oh, and please remember: Anecdotal evidence isn't worth the wind it takes to express it, so do include all hard test results in your next posting.)

FYI: Here in Colorado I was able to connect my previous LG phone to the Verizon network in only three specific places in my home. If I weren't standing THERE, no phone calls possible. However, with my iPhone and AT&T, anywhere in the house is fine . . . and ALL at 3G speeds, all the time. So whose anecdote should we value more here, yours or mine?

[lilgto64]

I am going to sue the Ohio Lottery Commission - their advertisements say "Odds are, you'll have fun" well, every time I buy a lottery ticket, I lose, and that is no fun at all.

And there is a car dealer who advertises that they are "closer than you think" - first of all, how can they possibly know how close I think it is and what if I think they are too close?

In Apple's ads they do clearly state "twice as fast" which I think any reasonable person would be expected to take literally - however, they don't actually say twice as fast as what exactly - sure it is implied that it is twice as fast as the original iPhone - but does the ad actually say that?

And how exactly is paying an exorbitant amount of money to people who believe they were misled going to contribute to actually dix whatever the problem is?

If you really look at most commercial advertising it is all designed to be misleading and unprovable and open to interpretation.

While I am still using the original iPhone - I do have an AT&T 3G card in my notebook. I cannot get a 3G signal everywhere - which I expected since they do not claim to have 100% 3G coverage of everywhere I can take the card - I have had very few places where I could get no signal at all. In addition, while most hotels I stayed in over the past couple years have wireless internet service - in many cases the speed i get form the 3G notebook card is faster than that offered by the hotel.

Now - if there is some design flaw or defective part in the device that is responsible for the problem then yes Apple should replace or repair the device and AT&T should give some kind of credit or rebate for the time during which the problem prevented full use of the service.

[Roos24]

Originally Posted by AppleInsider

...broken promises...

Get a box of Kleenex. Puleese.

[macxpress]

Don't Apple's commercials and other advertising materials say on the bottom of the ad speed varies depending on areas and usage? This lawsuit is about as dumb as the one about Apple advertising an 8GB iPod but the formatted capacity was like 7.4GB so they were sued because it wasn't actually an 8GB iPod. I wonder what ever came about that lawsuit?

[Wiggin]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

So where are the lawsuits against Intel because USB 2.0 doesn't actually transfer data at 480 Mbps and yet every computer sold advertises that data rate, or against Apple because FW800 isn't really twice as fast as FW400. How about a lawsuit against ATT because my 3 Mbps DSL line never gets above around 2 Mbps. Why didn't they disclose to me that I live too far from their hub to ever get 3 when they sold it to me? My car is suppossed to get 20 mpg in the city, but it gets nowhere near that.

The point being that Apple is hardly the only or first company that uses theoretical or ideal conditions when marketing the product's performance. If there is a complaint anywhere, it's against ATT for mis-representing their 3G coverage areas. But even that (cell phone coverage maps) have historically been optimistic, at best. You can no more blame Apple for that then you can Motorola, Nokia, Sony, LG, etc.

Originally Posted by RichL

Is it me or are there more idiots in the world since the iPhone was launched?

That's what happens when you make technology accessible to the masses.

[macFanDave]

Originally Posted by VinitaBoy

macFanDave,

Tell us, what other 3G phones have you tried in Houston in exactly the same areas, with exactly the same carrier (AT&T), at exactly the same time of day?

And how have you documented these tests? Please pass along all results as soon as possible so we can confirm your findings/suspicions, OK?

(Oh, and please remember: Anecdotal evidence isn't worth the wind it takes to express it, so do include all hard test results in your next posting.)

FYI: Here in Colorado I was able to connect my previous LG phone to the Verizon network in only three specific places in my home. If I weren't standing THERE, no phone calls possible. However, with my iPhone and AT&T, anywhere in the house is fine . . . and ALL at 3G speeds, all the time. So whose anecdote should we value more here, yours or mine?

Anecdotal evidence does indeed have some weight. In the absence of valid statistics, it's the best you can do. I don't have the time or resources to conduct signal strength surveys, but then again, your "study" of two phones in one house is also a joke.

Your anecdote has more value in Colorado and mine has more value in Houston. Had you been sitting at the desk near mine, your two-sample "study" would be a bit more credible than mine.

While 3G has been disappointing so far, I really like the GPS.

[macFanDave]

Originally Posted by Wiggin

So where are the lawsuits against Intel because USB 2.0 doesn't actually transfer data at 480 Mbps and yet every computer sold advertises that data rate, or against Apple because FW800 isn't really twice as fast as FW400. How about a lawsuit against ATT because my 3 Mbps DSL line never gets above around 2 Mbps. Why didn't they disclose to me that I live too far from their hub to ever get 3 when they sold it to me? My car is suppossed to get 20 mpg in the city, but it gets nowhere near that.

The point being that Apple is hardly the only or first company that uses theoretical or ideal conditions when marketing the product's performance. If there is a complaint anywhere, it's against ATT for mis-representing their 3G coverage areas. But even that (cell phone coverage maps) have historically been optimistic, at best. You can no more blame Apple for that then you can Motorola, Nokia, Sony, LG, etc.



That's what happens when you make technology accessible to the masses.

[ed: snip for profanity & personal attack]. The iPhone 3G was specifically sold as being "twice as fast" as the previous iPhone and my experience with sites that I go to multiple times a day shows that it is simply not true. Even "twice as fast" is a modest claim considering the theoretical speeds of 3G vs EDGE. Where the bottleneck is, I don't know, but all I'm saying is that my new iPhone is not head and shoulders better than the old one.

[Iria]

Originally Posted by VinitaBoy

macFanDave,

Tell us, what other 3G phones have you tried in Houston in exactly the same areas, with exactly the same carrier (AT&T), at exactly the same time of day?

And how have you documented these tests? Please pass along all results as soon as possible so we can confirm your findings/suspicions, OK?

(Oh, and please remember: Anecdotal evidence isn't worth the wind it takes to express it, so do include all hard test results in your next posting.)

FYI: Here in Colorado I was able to connect my previous LG phone to the Verizon network in only three specific places in my home. If I weren't standing THERE, no phone calls possible. However, with my iPhone and AT&T, anywhere in the house is fine . . . and ALL at 3G speeds, all the time. So whose anecdote should we value more here, yours or mine?

Trust my anecdotal evidence. I work in the cell phone (software) industry and can spread half-a-dozen AT&T 3G phones of differing models in front of me within inches of each other, and have much better results with say, a MOT Q9h than an iPhone.

[charlituna]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

As others have said, you are welcome to return the phone. within 30 days and ATT won't charge you the ETF (just get your number on your 'new' phone first or you might lose it when the account is cancelled) and I bet you can avoid the open box fee if they try to charge it by pointing out that the ATT/Apple employee opened the box before you even left. say it firmly but nicely (ie don't raise your voice or cuss) and they will probably be happy to waive it. that is if they don't as SOP

and as others pointed out, you don't mention what other 3g phones or carriers you've have great success with. Or whether you have taken into account that while a major metro area would imply more towers, it also means potentially more people using 3g. or whether you have any proof that it is the iphone and not ATT that is the issue.

Originally Posted by teckstud

It's Apple's fault for choosing AT&T.

Apple choose ATT on good faith because they were likely told that ATT could handle the big plans. Also ATT was the only GSM supporting company willing to keep their noses out of object development. Everyone else wanted a vote or full control of the device. this is published information that has been around for a while.

And like it or not, we are stuck with ATT until the contract runs out.

Originally Posted by lilgto64

If you really look at most commercial advertising it is all designed to be misleading and unprovable and open to interpretation.

every true. ads skim the line of lying. the only exception in any sense are RX drug ads. in that they have to blurt out every possible side effect etc which if you took the lists at face value would make you never want to take any of the drugs.

Now - if there is some design flaw or defective part in the device that is responsible for the problem then yes Apple should replace or repair the device and AT&T should give some kind of credit or rebate for the time during which the problem prevented full use of the service.

And Apple is doing that. they are replacing phones, they are updating the software. ATT however is not doing anything it seems. no credits, no rebates. nothing. and yet folks are putting the blame all on Apple saying it is a bad device and not the network that is the issue. They aren't even sharing the blame between the two.

Originally Posted by macxpress

Don't Apple's commercials and other advertising materials say on the bottom of the ad speed varies depending on areas and usage?

I believe even the printed material that comes inside the box brings up this issue. Not that anyone reads it.

Frankly between the independent study and the fact that there is no proof that Apple has been making defective phones and knowingly selling them from day one, etc, this suit will go little to no where. Especially when they have been making efforts to deal with the parts of the issue they can -- the phones.

But in the end, these 3g lawsuits are pointed at the wrong people and hopefully Apple can use that to get the suit tossed out. and then they can get back to work on my new mac mini, my new imac etc.

[Postulant]

Houston has the worst 3G service I've yet to experience. I was there at Christmas for a few days and it was just horrible.

I live in the Dallas area and 3G here rocks. I get faster speeds on 3G here than my brother gets on AT&T's dsl in Houston.

Currently getting about 2.6 MB.

[quinney]

Originally Posted by RichL

Is it me or are there more idiots in the world since the iPhone was launched?

There are not more. The iPhone just makes them appear at a snappier rate.

[emoney35]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

Originally Posted by macFanDave

I really don't give a shit about your stupid analogies. The iPhone 3G was specifically sold as being "twice as fast" as the previous iPhone and my experience with sites that I go to multiple times a day shows that it is simply not true. Even "twice as fast" is a modest claim considering the theoretical speeds of 3G vs EDGE. Where the bottleneck is, I don't know, but all I'm saying is that my new iPhone is not head and shoulders better than the old one.

It sounds like you just live and work in an area with sub-par coverage. AT&T is the one making your life miserable...not Apple and their iPhone. Like others have said, if coverage is actually that bad, I would just take it back within the 30 days for a refund. Simple as that.

[VinitaBoy]

Wait, macFanDave . . .

YOUR anecdotal evidence does indeed have some weight, but mine does not? Why is what I said a "joke"? Should I consider YOUR posting a joke as well?

Just for argument's sake, let's consider what we have both posted here the truth, OK? What makes YOUR experience with the iPhone more representative of its capabilities than anyone else's? OK, granted: Houston's 3G connectivity sucks. Colorado Springs' doesn't. So? Now what? Sue Apple because two people in California and Texas live beneath a steel bridge and can't get a decent signal?

What a country.

[hillstones]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

Do all the cell phone towers outside your office say AT&T? The large amount of cell towers outside your office may not be AT&T. Guess what Dave, the iPhone 3G does load web pages twice as fast. I did an actual test side by side with my original and a 3G phone in Los Angeles and the 3G beat my original in loading a web page. What websites were you going to? Maybe the sites you go to are slower in general than others. Maybe your office building creates interference. As others said, if you don't like the phone, or it doesn't work well in your area, return it! Read the print next time, 3G is not available in all areas! Did your previous 3G phone work at your office?

This has nothing to do with the iPhone. This only has to do with Apple and their deep pockets. Why isn't anyone suing Sprint or Verizon for their dropped calls and lousy internet? Why aren't all handset makers that offer 3G being sued? People complain about them too. All internet access, whether it is cellular or phone/cable/dsl cannot guarantee speeds at all times. Get a clue.

[hillstones]

Originally Posted by macFanDave

I really don't give a shit about your stupid analogies. The iPhone 3G was specifically sold as being "twice as fast" as the previous iPhone and my experience with sites that I go to multiple times a day shows that it is simply not true. Even "twice as fast" is a modest claim considering the theoretical speeds of 3G vs EDGE. Where the bottleneck is, I don't know, but all I'm saying is that my new iPhone is not head and shoulders better than the old one.

Removing your head from your ass would eliminate one bottleneck. You were asked what proof you had to confirm the iPhone 3G didn't work as expected. You were asked how many other phones you tried in your office to confirm that the iPhone was the problem. You haven't been able to provide any proof except to claim that various websites that only you go to don't load as fast as you think they should. Depending on network traffic, sites do slow down you know. How does your iPhone 3G work when you are away from your office? I am sure you will have various results as you move around the city, because that is how ALL cell phones work! Sometimes I can't get an Edge signal in all areas...am I going to blame Apple? No! The only honest comment you made was that you admit you don't know where the bottleneck is...so stop blaming the phone when you don't even have proof!

[cmf2]

Originally Posted by macFanDave

I really don't give a shit about your stupid analogies. The iPhone 3G was specifically sold as being "twice as fast" as the previous iPhone and my experience with sites that I go to multiple times a day shows that it is simply not true. Even "twice as fast" is a modest claim considering the theoretical speeds of 3G vs EDGE. Where the bottleneck is, I don't know, but all I'm saying is that my new iPhone is not head and shoulders better than the old one.

Why should the solution be a lawsuit? If you don't like the phones performance, return it. What justification do you have to sue, when you can return the phone within a month and get your money back? Can you honestly say Apple owes you money over this?

[arteckx]

Of course you have to sue Apple. AT&T is already covered in the disclaimer about coverage areas. They think they've outsmarted someone by claiming it's not really the service, but the phones ability to connect to the service.

I feel sorry for those with an 8GB iPhone...it's going to hurt when they need to include a 5GB disclaimer file to cover everything!

P.S. My experiences:
-I'm in Dallas.
-With the iPhone, I get 3G in places I had no signal with other phones.
-3G is just as fast as Wi-Fi for me during the day hours on University campus. (Wi-Fi is faster in the evenings.)
-Full pages are loading faster than the mobile versions did on a Blackjack II in the same locations.

[alienzed]

Originally Posted by lilgto64

And there is a car dealer who advertises that they are "closer than you think" - first of all, how can they possibly know how close I think it is and what if I think they are too close?

you just made my day.

[ikir]

Originally Posted by Iria

Trust my anecdotal evidence. I work in the cell phone (software) industry and can spread half-a-dozen AT&T 3G phones of differing models in front of me within inches of each other, and have much better results with say, a MOT Q9h than an iPhone.

Not in my experience too. iPhone 3G in download speed is more than twice as fast than my old iPhone EDGE. When you browse you must consider network traffic, page rendering time, how much cpu load the site need. I doubt you see something faster since i can only see video show iPhone faster than any other phone, and you can't compare some crap browsers found in most pda.

[irnchriz]

Originally Posted by macFanDave

I generally don't like class-action suits, but I have to admit that I kind of agree with this one. I got an iPhone 3G a couple of weeks ago and I am disappointed by its 3G-ness.

I thought web sites would load significantly faster, but they really don't. Also, even though I live and work in a major metropolitan area (and my work is next to a major freeway, which is where a lot of cell towers are concentrated), I am disappointed at how often that I cannot connect to the 3G network. What are they calling that these days? Connectile dysfunction?

So basically you are not happy because of what you thought?!?!?

Have you used other 3G devices to compare web browsing speed? How about other mobiles with non-3G speeds? Tried any of those to have a starting point of what to expect?

Did you check out the coverage maps for 3G on At&t?

If none of the above apply then you are disappointed by some fairy-tale fantasy of ultra high speed browsing. Quit moaning or just take it back.

[skottichan]

Originally Posted by lilgto64

And there is a car dealer who advertises that they are "closer than you think" - first of all, how can they possibly know how close I think it is and what if I think they are too close?

HAH!


I used to think the same thing when I was a kid, I mean, how does Byers even know where I live!!!




But seriously, have we as a society forgotten the old adage "your milage may vary"?

[rain]

Is it possible that Apple still has some fine tuning to do with the iPhone? Or are we just assuming it's AT&T cuz we are a bunch of fan boi's?

This post brought to you by
The loving memory of Merdhead

[nagromme]

I'm on AT&T with my iPhone and never have connection problems. The speed is good enough that I decline public WiFi spots as not worth the bother.

Clearly cell network performance varies from place to place--nothing new there. My friend on Sprint (non-iPhone) couldn't get a signal in NYC half the time! In his apartment he could--if he stood in the right place.

If I lived somewhere where my particular phone got bad reception, I'd certainly figure that out within the 30 days. And get an iPod Touch instead

But IF the iPhone is actually "broken" by Apple, and there has been an intentional and fraudulent cover-up, then certainly that needs to be brought to light. I doubt it, but I have no problem with the matter being investigated. (If it's just to get an out-of-court "go away" settlement for some lawyers, that's less noble.)

[Walter Slocombe]

Originally Posted by teckstud

It's Apple's fault for choosing AT&T.

so then, that would make it the customers fault for choosing the iPhone.

oh hold on, that would involve americans thinking about personal responsibility, and then they couldn't sue every 5 seconds

[macFanDave]

First, I can't take back the iPhone 3G. . . I already sold my 2g on craigslist (It is unbelievable how fast iPhones sell on craigslist and how much you can get.) The phone is fine -- it's just that the advertised improvements haven't materialized for me. Don't get me started about the GPS software from TomTom that is supposed to get us turn-by-turn directions. Where is that?

Second, I am surprised that AT&T is not named in the lawsuit. It's probably more their fault than Apple's that the 3G service is spotty and subpar in places. It seems that the point of the lawsuit is to apply pressure to the defendants to live up to their promises. If this action can make Apple and AT&T improve their service to keep this action from going forward, then it really had the best outcome.

Finally, I am sorry that so many of you have become so beaten down by being lied to and abused by liars and serial exaggerators that you feel the need to gang up on people who insist on the truth and attack them. I'm the customer and I am ALWAYS right. If I say I don't get 3G service at work when I think I ought to, I am right. If I say that the sites I go to often (which shows up instantaneously on my Macs at home and my PC at work) don't seem to open much faster on my 3G than on my 2g, I am right.

You can talk all you want about Colorado Springs or Dallas, but my experience is as I have said. And it is not all

[bryanhauer]

I think this guy Jason Medway and the supposed thousands of others who are part of his class action lawsuit are pathetic individuals. It's as simple as this... you purchased a product with a 30 return policy and you chose not to return it and continue to use it. It's like ordering a pizza, picking it up for takeout, getting home eating some of it then realizing it wasn't the pizza you ordered, eating the rest of it and then demanding your money back plus more from the pizza joint. It's ridiculous!

Now I can only speak for myself, but I live part-time in Las Vegas and part-time in Minneapolis and I also travel at least twice a month and besides the occasional dead spot that I've experienced with every cell phone the service has been great. My 3G speeds are nearly at wifi speeds and are considerably faster than the previous 1st gen iPhone which I gave to my brother.

Now with all that said... If I would have purchased the iPhone 3G on launch day like I did and then noticed over the next couple weeks that the phone just didn't work or the speeds were horrible I would have exchanged it. Then if within another week or so I was still getting slow download speeds over 3G or the reception just sucked I would have simply went back to Apple or AT&T and returned the phone within the agreed time frame and received a refund and then went on my merry way knowing I'd never buy another iPhone again. That's what an educated person would do. It's clear Jason Medway and the supposed thousands of others (which I doubt even exist) are NOT educated and are simply out to try to make a buck my trying to not only screw a company, but also the California and US judicial system.

Hopefully this case will be thrown out and the plaintiff will be forced to pay court and attorney fees.

[fraklinc]

What a moron, does he thinks AT&T was a dedicated tower for each user? at any given time there's like 30 to 40 people all sharing the same 3G network around you which also has a internet connection feeding it that's way slower than a regular cable internet service you get at home and on top of that you got people downloading shit straight from itunes now. AT&T needs to get their shit straight i mean the clock is ticking & the only thing holding some user is the iphone, if they don't fix their network by the time their contract is up if Apple, the iPhone side affect are going to hurt the company really bad

[bryanhauer]

Originally Posted by macFanDave

First, I can't take back the iPhone 3G. . . I already sold my 2g on craigslist (It is unbelievable how fast iPhones sell on craigslist and how much you can get.)

That sounds like bad planning on your part and is not a fault of Apple or AT&T. When are people going to starting taking responsibility for their own decisions?

Like I said in my previous post... I gave my 1st gen iPhone to my brother, but I sure as hell didn't do that until after I used mine for a while to make sure it was what I wanted. Shit, I did the same thing with the first gen iPhone. I didn't just throw my old cell phone in the trash just cause I bought this new one from Apple. I held on to it just in case the iPhone didn't live up to the hype.

It's amazing how bad decisions and no planning by individuals makes some people think a lawsuit for their ignorance is the solution.

Now on the other hand if Apple and AT&T had a "NO RETURN POLICY" then I could understand these same people's frustration a bit more. As we all know that's simply not the case.

[paxman]

Originally Posted by macFanDave

Finally, I am sorry that so many of you have become so beaten down by being lied to and abused by liars and serial exaggerators that you feel the need to gang up on people who insist on the truth and attack them. I'm the customer and I am ALWAYS right. If I say I don't get 3G service at work when I think I ought to, I am right. If I say that the sites I go to often (which shows up instantaneously on my Macs at home and my PC at work) don't seem to open much faster on my 3G than on my 2g, I am right.

It was your aggressive abusive tone that prompted all the replies. And the fact that you didn't substantiate your claims. Additionally, it makes no sense to sue Apple if you don't get 3g at your office. Vent your spleen, by all means, but don't get stupid about it. I mean, I don't feel beaten down and abused, but I guess if you say so... (Its good to know you are there to speak for us and to seek the truth where us morons fear to go)

[arteckx]

Originally Posted by macFanDave

Don't get me started about the GPS software from TomTom that is supposed to get us turn-by-turn directions. Where is that?

Where is it supposed to be? Apple forbids turn by turn in the SDK agreement. TomTom took the risk of going ahead with development and telling everyone about it. Apple will allow it when they're ready to allow it, not when TomTom says they have something ready.

Originally Posted by macFanDave

Second, I am surprised that AT&T is not named in the lawsuit. It's probably more their fault than Apple's that the 3G service is spotty and subpar in places. It seems that the point of the lawsuit is to apply pressure to the defendants to live up to their promises. If this action can make Apple and AT&T improve their service to keep this action from going forward, then it really had the best outcome.

I think that's the whole point of the arguments. it's an AT&T service issue that varies between people in different. Which leads to...

Originally Posted by macFanDave

Finally, I am sorry that so many of you have become so beaten down by being lied to and abused by liars and serial exaggerators that you feel the need to gang up on people who insist on the truth and attack them. I'm the customer and I am ALWAYS right. If I say I don't get 3G service at work when I think I ought to, I am right. If I say that the sites I go to often (which shows up instantaneously on my Macs at home and my PC at work) don't seem to open much faster on my 3G than on my 2g, I am right.

You can talk all you want about Colorado Springs or Dallas, but my experience is as I have said. And it is not all

A lot of people are providing evidence of perfect operation of their iPhone 3G to contrast the claim in the lawsuit. I don't think that most people in this thread think you're wrong or lying about your experience, but many think that if you make a big deal about it in this thread, you agree that the iPhone is not capable of twice the speed. Naturally, they argue that it can because theirs works fine. For the lawsuit, the burden of proof lies on the claim that it can't do that. We could probably trade phones, and we'd still have the same experience. If that's true, Apple isn't profiting from known faulty phones, which is what the law suit claims and many disagree with.

Either way though, if makes AT&T better for more people, that's not a bad thing. The method just isn't ideal.

[mstone]

I think a lot of people's expectations are simply unrealistic. Cell coverage has always been sketchy. It is just that it has gotten so good lately that people expect it to be 100% all the time. AT&T tries to estimate future demand in a given area to plan their build outs. Many times those estimates need adjustment but they try to meet the demand based on analysis of historical usage data. Constructing towers and increasing bandwidth takes some planning and time.

This whole 3G thing is new in the US so it will get a little better all the time. Early adopters need to have some patience.