Apple, AT&T slapped with yet another iPhone 3G lawsuit

[AppleInsider]

Still one more class-action lawsuit is claiming that the iPhone not only fails to live up to 3G speeds, but that it also prematurely develops hairline cracks in its outer casing.

Texas residents Alyce R. Payne, William French, Karen Michaels, and Lorna Harris filed the lengthy 23-page complaint in an Eastern Texas court yesterday on their own behalf as well as all customers who are not satisfied with their iPhone 3G purchase, claiming that Apple has committed breaches of contract and warranty, violating Texas business and commerce codes, and other infractions.

The suit is the second to be filed this week (among many others over the past several months) claiming the iPhone 3G performs poorly when connected via 3G because it "demand(s) too much power from the 3G bandwidths."

The plaintiffs also blame AT&T's infrastructure and name the exclusive carrier of the Apple-built smartphone as a co-defendant, claiming AT&T's system can't cope with the "overwhelming 3G signal" of the sheer number of iPhones sold.

They cite an Associated Press article on tests by Swedish engineering weekly Ny Teknik that concluded some handsets aren't sensitive enough to 3G signals and boost their signals to compensate, creating the network conflict. Subsequent tests, however, showed no hardware issue and instead suggested it was a network congestion issue.

Unusually, the suit cites as proof of poor 3G performance the August 2008 ruling in the United Kingdom requiring Apple to stop advertising the iPhone's ability to access "all parts of the Internet." However, that ruling did not consider 3G speeds, dealing instead with the iPhone's lack of Java and Flash support. Nonetheless, the UK court's decision is cited as an example of the iPhone not functioning properly "on the 3G network."

A Wired blog post is also part of the plaintiffs' evidence, quoting AT&T spokesman Brad Mays as saying iPhones were "performing great" even at the height of reported slowdowns and connection drops.

However, besides these typical claims, the suit is rare in alleging faulty manufacturing of the exterior plastic case.

"The iPhones have had well-known and documented issues regarding the premature 'wear-and-tear' of the iPhones' housing," the complaint says, "including the formation of hairline cracks in the iPhones' casing."

Although these issues weren't an issue with the original iPhone, which came with an aluminum backing, the iPhone 3G comes with a black or white hard plastic back that, just after launch, had triggered multiple complaints of stress around key points of the handsets. According to the lawsuit, cracks form "around the camera, near the volume rocker," and in other areas reported by users.

The company is believed to have knowingly shipped phones with the flaw even after it became an apparent problem. The suit spends several pages reproducing anonymous comments from Apple's forums and various other websites to show when the complaints first surfaced.

"I should've stuck to my old iPhone, the one with the aluminum back that probably wont crack," an Engadget reader comments. "I've never doubted the build quality of Apple products before but now I'm beginning to question it heavily."

Moreover, hardware defects aren't the only problems mentioned in the complaint. The plaintiffs list a raft of problems caused by the iPhone 2.0 software update and the subsequent 2.1 update, which they claim did not fix the original problems of "crashes, 'bricked' handsets, slower applications, a lag in the virtual keyboard, internet connection issues, and spotty call reception."

And while Apple itself positioned iPhone 2.1 as a fix for these key problems, the individuals filing the suit point to reports where many of the problems either weren't immediately fixed or had even "gotten worse" after the update. iPhone 2.2 has since appeared.

One of AppleInsider's own August 2008 reports is also presented as evidence that Apple was aware it had released a tarnished product. A personal email to a customer from Apple chief executive Steve Jobs acknowledged a bug and that a fix was enroute.

The representatives in the class are demanding typical damages but, if victorious, would also require Apple and AT&T to give up any profits earned by way of "misleading" advertising and post a disclaimer on the iPhone's packaging as well as all advertising materials. They are suing for at least $5 million, the established threshold under legal statutes.

[Enigmafan420]

These things are a dime a dozen-and further proof the USA has too many whiners and too many lawyers.

[Phone-UI-Guy]

Originally Posted by Enigmafan420

These things are a dime a dozen-and further proof the USA has too many whiners and too many lawyers.

Agree... We need more companies like Apple that do a pretty good job of fixing problems when/if they do occur and less of these deadbeats that just want millions because Apple is profitable.

[rain]

Apple should just stop selling products in Texas. Let them go out of state to pick up their Apple gear, then Apple is not legally bound to lawsuits from there... which seem to be most of them.

The news about the plastic backs cracking sucks.
Plastic is drastic... they should go back to metal.

[parky]

Originally Posted by italiankid

Another lawsuit coming....

My white iPhone is discoloring!

The white is turning dark now only after 3 mths!


I can't wait for Apple to respond to this.... Hopefully someone sues them before me.


Apple had the same problems with the white Macbooks and did nothing about it. Why did they release a white iPhone after that whole ordeal?


I never knew about the white discoloring until I googled it and found out about the Macbooks too.

Yet another whiner!

It is a PHONE not a work of art!!!
Do you sue because your jeans fade when you wash them.

These people who sue over these petty and childish and fictional things needs to grow up PLUS the American Legal system must be reformed as it is a disgrace.

[Walter Slocombe]

Originally Posted by italiankid

Another lawsuit coming....

My white iPhone is discoloring!

The white is turning dark now only after 3 mths!


I can't wait for Apple to respond to this.... Hopefully someone sues them before me.


Apple had the same problems with the white Macbooks and did nothing about it. Why did they release a white iPhone after that whole ordeal?


I never knew about the white discoloring until I googled it and found out about the Macbooks too.

it feels like every one of your posts is a complaint against Apple.

My guitar has coloured with age, it is a tool AND a work of art, should I complain or just use the tool?

[Virgil-TB2]

As much as these crazy lawsuits are, well ... crazy, the part about the cracks seems all accurate to me.

• white iPhones do have a hairline crack problem (I have one)
• Apple did in fact continue to ship them after they knew about it
• they don't have any plans to replace them for anyone or do anything about it

From what I have heard, Apple has taken the attitude that they will replace them *if* you come into the store, *if* you make an appointment with the genius, *if* the genius thinks it's "really bad," and *if* you strongly request it.

Basically they are ignoring it unless someone freaks out, then they give them a new one. It's not good policy, it's not fair, but it works I guess. I have known about my hairline cracks since they first appeared about a week after I first opened the box, but with the incredible hassle involved in doing something about it I have yet to make an appointment for my "freak out" at the apple store.

Why *should* the customer have to go through all that to get something like this fixed?

[lightstriker]

[QUOTE= The suit spends several pages reproducing anonymous comments from Apple's forums and various other websites to show when the complaints first surfaced.

One of AppleInsider's own August 2008 reports is also presented as evidence...[/QUOTE]

LOL They are using internet comments and forums as evidence. BWAHHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHAHAHHAHAHAHAHAHA HAHAHAHAHAHAHHAHAHAHAHHABWAHAHAHAHAHAHHAHAHAHHAHAH AHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH

(catch breath for second wind)
BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHHBWAHAHAHAHAHAHHAHAHAHHAHAHA HAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH BWAHAHAHAHAHAHHAHAHAHHAHAHAHAHAHAHAHHAHAHAHAHAHAHA HAHAHAHHAAHAHAHHAAHHAHH

[hexor]

We don't need more jobs in the US we just need to sue more!

[Jensonb]

You can't sue for those hairine cracks. Almost all devices in similar kidns of plstic shells develop stress cracks around the most stressed areas. They do not impair fnctionality and thye almost never become big enough to seriously impair aesthetics.

[Mac31]

I've had the white iPhone since day 1 and have none of these "hairline cracks." Mine still looks great.

[Napoleon_PhoneApart]

Same here.

[mstone]

Unlike the claims that software piracy doesn't make software more expensive, these lawsuits can't be be cheap. The costs are surely going to be passed on to the consumer. (FTR: I don't support the claim that piracy doesn't affect software costs, just saying).

[Grizzdog]

I have two friends with white phones and mine is white. One friend has cracks where she dropped it. The other friend and I have no cracks. I also saw photos months ago on one of these sites about cracks with accompanying photos. In one photo you could see a dent in the rim next to the cracks where it had been dropped. Every time I see someone with a white phone I ask them if I can inspect it for cracks. I have never found any. Take responsibility for dropping your phones Folks. Still looking for proof.

[sanjay]

I'm going to sue too. I dropped my phone on a concrete floor with some sand on it. It got a scratch!

Anyone want to join in a class action on that?

[bdkennedy1]

I just can't understand why Apple continues to use the damn plastic. It scratches, it cracks, it discolors and it's ugly.

The only think made of plastic that hasn't cracked is the 3rd gen iMac.

[sflocal]

Originally Posted by bdkennedy1

I just can't understand why Apple continues to use the damn plastic. It scratches, it cracks, it discolors and it's ugly.

The only think made of plastic that hasn't cracked is the 3rd gen iMac.

Plastic is a necessary evil. In the case of the iPhone, the RF signals will travel through plastic much better than metal. Even though the v1.0 iphone had a metal back, the bottom black portion was plastic for that reason.

[mstone]

Originally Posted by sflocal

Plastic is a necessary evil. In the case of the iPhone, the RF signals will travel through plastic much better than metal. Even though the v1.0 iphone had a metal back, the bottom black portion was plastic for that reason.

Apple has a radio transparent Zirconia material patent that would be better but it might still be is too expensive

[Gandalf the Semi-Coherent]

I can't wait for Apple to respond to this.... Hopefully someone sues them before me.

I want a pony!

[paxman]

Originally Posted by Mac31

I've had the white iPhone since day 1 and have none of these "hairline cracks." Mine still looks great.

You probably haven't looked close enough. Try using a magnifying glass.
These people are just opportunistic whiners and it is obvious they are after two things - money and to tarnish the reputation of the iPhone (Apple ). Everbldy complains from time to time but this long list of complaints is just juvenile. Apple should buy them all a BB Storm and tell them to go to hell. By the time I replace my iPhone I want it to be totally beat up. I want it to look like I REALLY used it. If not I'll just feel really bad about replacing it.

[teckstud]

Apple uses cheap-ass plastics -no wonder their profit margins are so high!

[iVlad]

Hmm makes me wanna sue Micro$oft for having their Windows crashing and freezing.

[acknight]

Can't it be summarily be thrown out for having as a basis a supremely idiotic claim?

The suit is the second to be filed this week (among many others over the past several months) claiming the iPhone 3G performs poorly when connected via 3G because it "demand(s) too much power from the 3G bandwidths."

Bwah?????

[nagromme]

All products should be made of indestructible diamond, and should be invisible to prevent ever being stained by dirt. And 100% of the millions of units made should be flawless--none should ever develop a problem that needs to be fixed (so then, no need for warranties at all).

Until that beautiful day arrives, though, I'll just be glad for my good luck: my badly-mistreated iPhone 3G has zero cracks after 5 months (I've looked all around the ports and openings) and the only scratches are slight: from putting it my pocket with gravel. (Yes. Don't ask.) Interestingly, the chrome frame scuffed a bit from the gravel, while the plastic did not.

[Tofino]

Originally Posted by Gandalf the Semi-Coherent

I want a pony!

thanks dude, that just made my day...

[1st]

I wondering any of those guys and gals wear watches without hairline cracks... Driving cars with the body or window without ware and tear. (I assume they never use any matching "nail polishing" on the car external surfaces). Sun glasses without a scratch. Their body never grow old, skin as new as day they were brought to this world....

[foobar]

Apple has deep pockets, and some people would apparently like to experiment with socialism...

[cmf2]

Originally Posted by Virgil-TB2

As much as these crazy lawsuits are, well ... crazy, the part about the cracks seems all accurate to me.

• white iPhones do have a hairline crack problem (I have one)
• Apple did in fact continue to ship them after they knew about it
• they don't have any plans to replace them for anyone or do anything about it

From what I have heard, Apple has taken the attitude that they will replace them *if* you come into the store, *if* you make an appointment with the genius, *if* the genius thinks it's "really bad," and *if* you strongly request it.

Basically they are ignoring it unless someone freaks out, then they give them a new one. It's not good policy, it's not fair, but it works I guess. I have known about my hairline cracks since they first appeared about a week after I first opened the box, but with the incredible hassle involved in doing something about it I have yet to make an appointment for my "freak out" at the apple store.

Why *should* the customer have to go through all that to get something like this fixed?

Perhaps because nothing is broken? The phone is still functioning and the casing isn't at risk of falling apart. What law states that a company must ship a product that will always look like new? Why is apple obligated to fix this issue? (it would obviously be nice if they did) The logic behind these lawsuits is well... not there. Do you also want to sue because new car smell fades in a week?

[wessan]

There should be high penalty is case of failure of such lawsuits if they are found to be just based on nothing solid and are just an almost risk-free attempt to make money.
Let's say the target of such lawsuit could ask for such penalty (with reasonable arguments) and then each and every one involved in the lawsuit would have to pay such penalty without the target having to solve that individually.

[bloggerblog]

In our area, Northern Virginia, ATT has improved dramatically. I do not get dropped calls anymore and the 3G network works a lot better in more areas. ATT has finally become acceptable.

[Rot'nApple]

Originally Posted by bloggerblog

In our area, Northern Virginia, ATT has improved dramatically. I do not get dropped calls anymore and the 3G network works a lot better in more areas. ATT has finally become acceptable.

Well good for our friends in Northern Virginia. I know in Southeast Virginia, the area where I live the 3G map for broadband connection is great, however, it still shows on their "Voice" Coverage Map, Moderate service, that is, go outside if you want to make a call and still good luck with that, where I live. Now if I go down my street and cross over, the AT&T map indicates Good coverage and if I go down the block, Best coverage. So while one can pull up a web page fast on the AT&T 3G speed broadband network in my area, the ability to make and receive calls, according to their "voice" map, is still crappy! Use some of that money AT&T and enhance your cellular connection! Pleaseeeee!!!!

I guess that AT&T's "more bars in more places" blurb is true for others, just not for me and the "places" I'd like to use their service. I'll flip a coin... Heads I'll sue, Tails, I'll whine. Rats, tails... Wait, two out of three.... Rats.... Wait, three out of four... Rats...

[wordwise]

Originally Posted by foobar

Apple has deep pockets, and some people would apparently like to experiment with socialism...

I"m from Canada, somewhat more socialist than the U.S. and we don't have that many frivolous lawsuits...don't blame it on the socialists, blame it on the stupidists...

[Blippio]

Originally Posted by wessan

There should be high penalty is case of failure of such lawsuits if they are found to be just based on nothing solid and are just an almost risk-free attempt to make money.
Let's say the target of such lawsuit could ask for such penalty (with reasonable arguments) and then each and every one involved in the lawsuit would have to pay such penalty without the target having to solve that individually.

I totally agree that there should be higher stakes for those that pursue such lawsuits. I think in Germany, if you were to take a company to court like this (assuming it would get that far)--and lose, you would be required to pay for ALL legal fees (your lawyers fees + the defendant's lawyers fees + the court costs). That'll make most people think twice rolling the dice in court.

There needs to be something in place in the US to prevent such frivolous cases--the court system is not a lottery (and unfortunately there are many lawyers out there more than willing to capitalize on these BS cases--especially class action ones--where each claimant in the "class" get pennies if the case wins...and the legal pricks get tens of millions. Vomit.)

[hezekiahb]

Originally Posted by parky

Yet another whiner!

It is a PHONE not a work of art!!!
Do you sue because your jeans fade when you wash them.

These people who sue over these petty and childish and fictional things needs to grow up PLUS the American Legal system must be reformed as it is a disgrace.

Agreed, you think fading white is bad you should have seen my BlackBerry after just a month of owning it. At least the iPhone doesn't cover crappy plastic with painted on fake silver, which looks like absolute crap to begin with & that is before it rubs off after just a few uses.

Plastic is what it is man, Apple can't change all properties.

By the way, a lot of the issues with cracking on the MacBooks was not a result of flawed plastic but an engineering oversight. When they turned to magnetic latch they put the plastic bumps toward the spot where the magnets are so that it would force a gap, thus protecting your screen from smacking against your keyboard when closed. They neglected to consider the long term effects of that small point of pressure over time causing the plastic to crack & then break. Using rubber instead of bumping out the plastic or better reinforcing the plastic where it closes would have prevented this. For that oversight I believe they should pay for damage that occurs within the warranty, but cosmetics should never be guaranteed past warranty.

[johnthebaton]

My white iPhone developed visible hairline cracks a few weeks after purchase, and I had never dropped it and always keep it in a protective case.

BUT...

I took it to my local Apple store and the exchanged it, free of charge, on the spot. Even switched the SIM card and activated it for me.

Last week I noticed dust under my screen. Same thing, took it in, gave me a new one on the spot free of charge. Came home, hit restore on iTunes, and was back up and running in no time.

So long as Apple continues to have excellent customer service like this, I put much more faith in the company with their ability to right their wrongs with hassle free replacements.

True, the hardware problem itself was a hassle, and shouldn't have occurred in the first place, but I've had MUCH less success and more hassle with other companies when it comes to fixing the problem.

[Cubert]

What a bunch of whiner babies. Why is that only Apple seems to be sued for these ridiculous claims? Is it because of the cachet associated with Apple's products?

[copeland]

Originally Posted by mstone

Apple has a radio transparent Zirconia material patent that would be better but it might still be is too expensive

Well if you want to make the shell out of zirconium-oxid you are into powder-injection-molding and sintering. That's way too expensive. The material will cost you at least 10x the price for the plastic per gramm. Furthermore the density will be about 6x that of plastic. If you add these two you are at about 60x the price just for the material.
Besides as we are talking about weight, the shell will weigh 6x that of the plastic shell, adding to the overall weight of the phone.
I even don't want to start with processing costs and feedstock development for these super slim shells. It may be possible but it would jack up the price considerably.
Sorry to burst that bubble.

As for the cracks in the plastic shell: their origin will most probably be in the injection molding process. Where you can find the holes in the shell the flow of the plastic has to split and then to rejoin again. If you are not fast enough with enough pressure in these areas the bond between the joining melt flows will not be very strong. As these cracks seem to happen randomly I think that they cannot replicate the necessary process parameters at an hight enough extent. If you open the door of the shop where you do the injection molding and the wind brings in cooler air, that can stop the whole show. Or it is just small differences in the molds.

Sorry for the lentgthy post. You can't hide your roots.

[TenoBell]

Can you explain to us the chemical composition of durable plastic vs cheap plastic and the type plastic Apple uses?

Originally Posted by teckstud

Apple uses cheap-ass plastics -no wonder their profit margins are so high!

[hezekiahb]

Originally Posted by copeland

Well if you want to make the shell out of zirconium-oxid you are into powder-injection-molding and sintering. That's way too expensive. The material will cost you at least 10x the price for the plastic per gramm. Furthermore the density will be about 6x that of plastic. If you add these two you are at about 60x the price just for the material.
Besides as we are talking about weight, the shell will weigh 6x that of the plastic shell, adding to the overall weight of the phone.
I even don't want to start with processing costs and feedstock development for these super slim shells. It may be possible but it would jack up the price considerably.
Sorry to burst that bubble.

As for the cracks in the plastic shell: their origin will most probably be in the injection molding process. Where you can find the holes in the shell the flow of the plastic has to split and then to rejoin again. If you are not fast enough with enough pressure in these areas the bond between the joining melt flows will not be very strong. As these cracks seem to happen randomly I think that they cannot replicate the necessary process parameters at an hight enough extent. If you open the door of the shop where you do the injection molding and the wind brings in cooler air, that can stop the whole show. Or it is just small differences in the molds.

Sorry for the lentgthy post. You can't hide your roots.

When they get nano-technology off the ground for commercial production the world is gonna change big time. Look up Nokia Morph on YouTube & you'll see what I mean.

[TenoBell]

Yeah I've seen people with Black Berry's that look like they've been to hell and back. Few seem to mind the wear and tear.

Originally Posted by hezekiahb

Agreed, you think fading white is bad you should have seen my BlackBerry after just a month of owning it. At least the iPhone doesn't cover crappy plastic with painted on fake silver, which looks like absolute crap to begin with & that is before it rubs off after just a few uses.