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Apple sued over iPhone 4 reception issues

post #1 of 413
Thread Starter 
Numerous lawsuits were filed this week against Apple, as a number of consumers hope to take the company to task over reception issues that arise with the new iPhone 4 when the left side of the device is covered with a hand.

At least three class-action complaints were filed in California, Maryland, and Texas. The largest was filed in a U.S. District Court in Oakland, Calif., and has a list of 11 plaintiffs included in the complaint, residing in California and New Jersey. The other two each include one plaintiff.

Apple has been accused of violation of the Federal Communications Act, three counts of products liability related to negligence, defect in design and breach of implied warranty, intentional and negligent misrepresentation, fraud by concealment, unfair business practices and more.

"The iPhone 4 manifests design and manufacturing defects that were known to Defendants before it was released which were not disclosed to consumers, namely, a connection problem caused by the iPhone 4's antenna configuration that makes it difficult or impossible to maintain a connection to AT&T's network," the California complaint reads.

"Defendants have failed to provide customer support to assist iPhone 4 customers regarding this defect. Consumers are left with three options: hold their phones in an awkward or unnatural manner, return their phones and pay 10% 'restocking fee,' or purchase Apple's own 'bumper' cases for their phones, costing $29.99 in addition to the premium they have already paid for the phones themselves, which may somewhat ameliorate the iPhone 4's defects."



The complaints also target AT&T, the exclusive wireless carrier of the iPhone in the U.S. They allege that the company helped to design, manufacture and market the new iPhone 4.

The California suit also references e-mails allegedly sent by Apple Chief Executive Steve Jobs, in which he reportedly told one customer that they were holding their iPhone 4 "the wrong way."

The class action suit filed in Oakland seeks damages, and also asks the court to issue an injunction on Apple and AT&T, forcing them to "undertake an informational campaign" to let the general public know the "wrongfulness" of the companies' practices. It was filed on Wednesday, June 30.

The first sign of a potential lawsuit arise on Tuesday, when a California law firm asked people, via their website, to share their experiences with reception on the iPhone 4. Wednesday's California lawsuit was filed by that same law firm: Kershaw, Cutter & Ratinoff LLP.

After the iPhone 4 was released last week, Reports began to grow that Apple's latest handset can lose reception when gripped wit the left hand. On some devices, covering or even just touching the point on the metal perimeter antennas meet on the bottom left corner of the phone can cause loss of signal and even dropped calls.

When the iPhone 4 was announced earlier this month, Apple revealed that the metal band around the outside of the device has breaks in it to allow the multiple antennas inside the device -- for cellular service, Wi-Fi, Bluetooth and more -- to establish connections. The larger metal piece on the right side of the phone serves as the GSM/UMTS cellular antenna, and the smaller portion on the left side is responsible for Bluetooth, Wi-Fi and GPS.

Apple publicly responded to reports of reception issues, stating that any mobile phone has reception issues when held improperly. The company suggested that customers avoid gripping the handset in the lower left corner, or use "one of many available cases" to prevent one's skin from touching the metal band.
post #2 of 413
Apple need a kick in the bollocks by consumers.

Jobs is being an ignorant twunt by telling customers 'they are holding it wrong' The iPhone 4 is a defective design and Apple is in denial that it is defective.
post #3 of 413
Hey, everyone who bought an iPhone 4, you still have 24 days to return it for a FULL REFUND! There is no need to sue Apple. Just get your money back and get a life.
post #4 of 413
Quote:
Originally Posted by DarenDino View Post

Apple need a kick in the bollocks by consumers.

Jobs is being an ignorant twunt by telling customers 'they are holding it wrong' The iPhone 4 is a defective design and Apple is in denial that it is defective.

I couldn't agree more. it's positively outrageous that such a device found its way out of Apple's labs. How could they not find this problem in their testing? Did they always test the device with a case on? Aside for the obvious technical deficiencies of the new iPhone, aren't they a bit worried about the PR fallouts of such a massive blooper???
post #5 of 413
Quote:
Originally Posted by DarenDino View Post

Apple need a kick in the bollocks by consumers.

Jobs is being an ignorant twunt by telling customers 'they are holding it wrong' The iPhone 4 is a defective design and Apple is in denial that it is defective.

2 simple, easy, basic questions for you before I choose to ignore you completely -

1. Do you have an iPhone 4?
2. Are you able to reproduce this issue yourself?

If you answer no to either of these - just get the fuck off this new bandwagon.
post #6 of 413
Quote:
Originally Posted by noexpectations View Post

Hey, everyone who bought an iPhone 4, you still have 24 days to return it for a FULL REFUND! There is no need to sue Apple. Just get your money back and get a life.

Did you read the article? It quotes consumers who purchased the iPhone 4 will be required to pay a 10% restocking fee; upon returning the device.
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post #7 of 413
Quote:
Originally Posted by noexpectations View Post

Hey, everyone who bought an iPhone 4, you still have 24 days to return it for a FULL REFUND! There is no need to sue Apple. Just get your money back and get a life.

That's. What I was about to say... It's been 1 freaking week. Those attorneys should be charged with malpractice!!!

Return the dam phone if you don't think it works.
post #8 of 413
Quote:
Originally Posted by FullGaz View Post

I couldn't agree more. it's positively outrageous that such a device found its way out of Apple's labs. How could they not find this problem in their testing? Did they always test the device with a case on? Aside for the obvious technical deficiencies of the new iPhone, aren't they a bit worried about the PR fallouts of such a massive blooper???

So I'm guessing you've got an iPhone 4 yourself and that you're able to reproduce this antenna issue? I mean, there can't be any other reason you're coming in here and asserting your opinion with such certainty?

Oh what, you mean you've never put your hands on an iPhone 4 and you're just parroting what every naysayer has to say on this issue?
post #9 of 413
Quote:
Originally Posted by NanoAkron View Post

2 simple, easy, basic questions for you before I choose to ignore you completely -

1. Do you have an iPhone 4?
2. Are you able to reproduce this issue yourself?

If you answer no to either of these - just get the fuck off this new bandwagon.

My girlfriend has one with Orange - and she cannot get a signal when she holds it. So I have gone off buying one now.

I am staying the fuck on this bandwagon !
post #10 of 413
Quote:
Originally Posted by noexpectations View Post

Hey, everyone who bought an iPhone 4, you still have 24 days to return it for a FULL REFUND! There is no need to sue Apple. Just get your money back and get a life.

But thats not the American way!

Sue baby sue!
post #11 of 413
Quote:
Originally Posted by FullGaz View Post

I couldn't agree more. it's positively outrageous that such a device found its way out of Apple's labs. How could they not find this problem in their testing? Did they always test the device with a case on? Aside for the obvious technical deficiencies of the new iPhone, aren't they a bit worried about the PR fallouts of such a massive blooper???

Could have really happened.

Apples paranoia might have really screwed them here. They wanted no one to see these new phones, including tons of people in Apple that they could very well have done all their testing with the phones in cases. If that did happen, the problem would not have risen.
post #12 of 413
This is not to understand for Europeans, really you Americans are real mad, you funny silly crazy people, is money all there is in your heads...? Just get a bumper for the iPhone or, indeed, hold it in another way!
Geez, Americans and their lawsuits!
post #13 of 413
This will need to be addressed soon by Apple, one way or another. It is a serious issue, seemingly affecting a fair number of people (including me).

Returning, while fine in principle, is not a painless process. It involves time, a restocking fee, a replacement that could be prone to the same issues, ATT-related contract hassles, etc. Apple will have to address those issues as well.

As a shareholder too, I don't like this.
post #14 of 413
Quote:
Originally Posted by msantti View Post

Could have really happened.

Apples paranoia might have really screwed them here. They wanted no one to see these new phones, including tons of people in Apple that they could very well have done all their testing with the phones in cases. If that did happen, the problem would not have risen.

Exactly, it is like buying the latest sports car, only to find when you hold the steering wheel the engine stalls !!!!!

The fact is Apple made a big mistake on this new product and their response is of denial. I mean, come on - a phone that loses it's signal when you HOLD IT.

My girlfriend is unable to use this iPhone 4 for calls as it loses the signal when handled. she refused to pay £30 for a rubber band to go round it and is taking it back for a refund and cancelling her contract with Orange.

Like the poster said, Apple's paranoria has screwed them this time, maybe wrapping the iPhone 4 in an iPhone 3Gs case was not such a great covert idea.
post #15 of 413
Quote:
Originally Posted by DarenDino View Post

My girlfriend has one with Orange - and she cannot get a signal when she holds it. So I have gone off buying one now.

I am staying the fuck on this bandwagon !



+1

I don't give a damn if someone does NOT had an iPhone. They still have the right to an opinion. Something the opinionated azzes on this site should already know.
post #16 of 413
Quote:
Originally Posted by msantti View Post

Could have really happened.

Apples paranoia might have really screwed them here. They wanted no one to see these new phones, including tons of people in Apple that they could very well have done all their testing with the phones in cases. If that did happen, the problem would not have risen.

Stop being silly. Unless you know for sure that Motorola or HTC or Nokia tests theirs without cases/bumpers. (And for sure that Apple did not, throughout the testing process).
post #17 of 413
I have an iPhone 4, and I can reproduce the problem nearly 100% of the time -- right down to "Searching ..." and "No Signal" -- at which point I am unable to make a call. Otherwise, I love the phone, and of course I can hold it in such a way that the problem is avoided when making a call. I've never liked cases, and I really don't like the ugly Apple bumpers. It's certainly something I can work around, but if there is any way to improve it with a software upgrade, I wish they would get on with it.
post #18 of 413
I think we can all agree that the iPhone has a flaw that when held like a 'phone' it loses it's signal and ability to make calls.

All Apple has to do is admit it is flawed, recall the devices and fix it.

By being in denial and telling people not to hold it like a phone is like something out of a Monty Python sketch.

There are worldwide reports this iPhone 4 is showing the same defect, no matter what carrier.

Apple is being a greedy corporation and refuses to accept the 1000s of people who say that the phone is defective.

I change my handset every 18 months and currently have the iPhone 3Gs - I, and many of my friends, work colleagues have never heard of or owned a phone that loses it signal when held.
post #19 of 413
Quote:
Originally Posted by TFA

Consumers are left with three options: hold their phones in an awkward or unnatural manner...

Funny, I find that I have to hold my phone in an awkward or unnatural manner in order to get this problem to manifest. Still, maybe that's just me.

That said, there is still considerable debate as to whether this is a hardware issue or a software issue, a manufacturing defect or a design flaw.
post #20 of 413
My wife and I have been waiting to finally get an iPhone until this release. Right now, that decision is on hold.

At the very least, I think Apple has exhibited terrible public relations. Telling consumers that they are holding the phone wrong is beyond laughable. Can any of you imagine the reaction of this board if those words came from a company like HTC or Microsoft?

I hope that Apple is able to improve this situation with a software patch. Until then, the reports of reception issues continue to grow, and Apple is digging a deeper hole through their responses to the seemingly repeatable problem. At this point, a lawsuit seems like an inevitability.
post #21 of 413
Quote:
Originally Posted by NanoAkron View Post

2 simple, easy, basic questions for you before I choose to ignore you completely -

1. Do you have an iPhone 4?
2. Are you able to reproduce this issue yourself?

If you answer no to either of these - just get the fuck off this new bandwagon.

Wow. I didn't know there was such a thing as AI forum police. Do you have a little Apple Insider badge too?

By the way, those are not nice words for one member of the Apple cult to say to another.
post #22 of 413
Not sure how a software patch will resolve the problem, seems it is a hardware, or physical part of the phone, which reacts when 'touched', bit like touching an indoor aerial on your TV makes the picture go snowy.

It sound like a material problem, conductive.

Maybe the handset will have to be trashed and remade with alternative materials. The iPhone 4 is this year's puck mouse !
post #23 of 413
Quote:
Originally Posted by Keda View Post

My wife and I have been waiting to finally get an iPhone until this release. Right now, that decision is on hold.

At the very least, I think Apple has exhibited terrible public relations. Telling consumers that they are holding the phone wrong is beyond laughable. Can any of you imagine the reaction of this board if those words came from a company like HTC or Microsoft?

I hope that Apple is able to improve this situation with a software patch. Until then, the reports of reception issues continue to grow, and Apple is digging a deeper hole through their responses to the seemingly repeatable problem. At this point, a lawsuit seems like an inevitability.

While my opinion is that a law suit is premature at this point - and regardless of the root cause or steps that resulted in this - the perception of a problem may be enough to significantly impact the future sales figures of the unit - and the Apple Board and or Stockholders - should be the ones calling a meeting with Steve and the iPhone design team to determine a solution to the problem - not a marketing campaign on why it is not a real problem.
post #24 of 413
Quote:
Originally Posted by waveghel View Post

this is not to understand for europeans, really you americans are real mad, you funny silly crazy people, is money all there is in your heads...? Just get a bumper for the iphone or, indeed, hold it in another way!
Geez, americans and their lawsuits!

usa!! Usa!! Usa!!
post #25 of 413
Let me preemptively say that I am a huge Apple fan, and I also dislike lawsuits of almost any kind as they are usually opportunist shady scum-sucking trash actions. But not in this case. People, stop 'apologizing' for Apple on this one. They screwed the pooch. Apple is lying this time, and they are in breach of several federal laws. They should be called on the carpet this time. I say bring it.

The party line of "don't hold it that way" or "there is no problem" is crap. There is a design defect, they know it, and they are in full overt denial/cover up mode. Stupid. There would be no issue (or cause for a lawsuit) if they would just suck it up, admit they found a 'potential flaw', and offer free bumper cases or a full refund to those who want it.
post #26 of 413
Quote:
Originally Posted by NanoAkron View Post

2 simple, easy, basic questions for you before I choose to ignore you completely -

1. Do you have an iPhone 4?
2. Are you able to reproduce this issue yourself?

If you answer no to either of these - just get the fuck off this new bandwagon.

I have an iPhone 4G
I can reproduce the signal loss from 5 bars down to "searching" then to "no service".
I did this in an Apple store for the store manager.
.
Apple could not help me. They ran all kinds of tests on the phone while I was in the store. We even restored it to factory defaults. Nothing worked.

The penalties i will pay when returning the phone are:
1) I can return the phone to the Apple store I purchased it from
2) I will have to pay a restocking fee? Not sure only had the phone a week.
3) Returning the phone leaves me without a phone.....
4) I just renewed a 2 year contract with AT&T to get this phone.
5) i cannot switch cell carriers because I just renewed my contract to get this phone and will have to pay ETF fees of about $400
6) This is a huge pain in the you know what to have to go through all this just to get a phone that works......thats all I want......

I am not an Apple basher....look up my posts. I am a Apple supporter!
I have 2 iMacs a Macbook, Macbook Pro, iPad and 2 iPhones in my house.....so I suport Apple both publicly and with my wallet.
I don't think expecting my phone to work as advertised as Steve did in his keynote presentation. He held the phone exactly as he is now telling people "your holding it wrong"
If Apple won't support their defective product then what other recourse do I have?
If I can I will return the phone and get out of my contract with AT&T. But i don't expect that to happen without have a large out of pocket expense. Tat's is just wrong......
But not all new iPhone 4Gs are having this issue.....so there is hope... BUT MINE DOES and Apple is not supporting me...instead they are putting the blame on me for holding the phone the wrong way!

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post #27 of 413
this whole situation is very disheartening and disappointing - no matter which way you look at it.
post #28 of 413
Quote:
Originally Posted by DarenDino View Post

Not sure how a software patch will resolve the problem, seems it is a hardware, or physical part of the phone, which reacts when 'touched', bit like touching an indoor aerial on your TV makes the picture go snowy.

It sound like a material problem, conductive.

Maybe the handset will have to be trashed and remade with alternative materials. The iPhone 4 is this year's puck mouse !

Please, as if every iPhone 4 has this problem

My brother, and brother-in-law both have the new phone, and neither of them have any problems whatsoever. They, however, do not post to forums on the internet. Since I do, I'll chime in for them.

This is more like a bad run of phones, similar to the horrible radios in the initial 3G launch, which I happened to receive one of those. I just brought it in to Apple, showed them the problem, and they handed me a new phone without issues. It's not as big of a deal as people are making it out to be.

Sorry to hear you got a bad one, perhaps an exchange for a properly working phone are in order?
post #29 of 413
Quote:
Originally Posted by noexpectations View Post

Hey, everyone who bought an iPhone 4, you still have 24 days to return it for a FULL REFUND! There is no need to sue Apple. Just get your money back and get a life.

I second your emotion or "DITTO" to what you said!!

post #30 of 413
Quote:
Originally Posted by AppleInsider View Post

"Defendants have failed to provide customer support to assist iPhone 4 customers regarding this defect. Consumers are left with three options: hold their phones in an awkward or unnatural manner, return their phones and pay 10% 'restocking fee,' or purchase Apple's own 'bumper' cases for their phones, costing $29.99 in addition to the premium they have already paid for the phones themselves, which may somewhat ameliorate the iPhone 4's defects."

If there were no restocking fee, if you could return the phone for a full refund, would this case even be file-able? What is the status of returns and restocking fees by the way, I've read some people saying they'd have to pay one, I've read others saying they returned it for full refund. The best way to deal with this surely is to say no restocking fee, you don't like the phone, send it back within 30 days. Barring some shipping costs, which you always pay if you purchase something and then send it back, nobody is out anything.

For the record I do not have an iPhone 4 because it's not been released where I live yet, but I'm still intending on joining what's going to be another 6+ hour line to buy one when it is.
post #31 of 413
Quote:
Originally Posted by Orangeoutsider View Post

I second your emotion or "DITTO" to what you said!!


Its not that easy...If I return my phone. What will I use then? i will have to buy another phone now......
I just renewed my contract for another 2 years with AT&T to get this phone......no I am stuck....

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post #32 of 413
"don't hold it that way" was a line in a private email to one person. He posted it and it exploded over the internet. There was nothing official about it.
post #33 of 413
Quote:
Originally Posted by DarenDino View Post

Exactly, it is like buying the latest sports car, only to find when you hold the steering wheel the engine stalls !!!!!

The fact is Apple made a big mistake on this new product and their response is of denial. I mean, come on - a phone that loses it's signal when you HOLD IT.

My girlfriend is unable to use this iPhone 4 for calls as it loses the signal when handled. she refused to pay £30 for a rubber band to go round it and is taking it back for a refund and cancelling her contract with Orange.

Like the poster said, Apple's paranoria has screwed them this time, maybe wrapping the iPhone 4 in an iPhone 3Gs case was not such a great covert idea.

BS! Why do I not have a problem with the iP. 4? The product works great for me. I can't be the only purchaser who got the "good" one.
post #34 of 413
Quote:
Originally Posted by msantti View Post

But thats not the American way!

Sue baby sue!

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post #35 of 413
I'm not much for lawsuits..

But this issue is special.

Apple..
Stop denying there is a problem.
Stop saying all phones display this behavior.
And last but not least. TALK to the customer. Inform them of the problems and tell them if and when a fix is coming. This silence is helping no one.

I own a lot of Apple products, but this form over function in my opinion, is getting out of hand.
The iPhone has always had pretty bad reception in my experience. A backpanel in metal might not have been the best way to go on a cellphone.

The iPhone 4 was supposed to fix that i believe. Ouch.


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post #36 of 413
Whiners!
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post #37 of 413
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post #38 of 413
What a bunch of moaning pricks. If it aint working for you then take it back. Better that than looking for a handout. Scamming bastards the lot of them.

In the UK there is a 14 day return period where you can cancel the contract and return the handset. You will only be charged for any usage.

In the USA on AT&T you can cancel the contract within 3 days with no extra fees or within 30 days and you only have to pay the activation fee plus any usage. No excuses to stay with the phone if it does not work for you. No reason to go suing anyone for profit. They should change the law to make these solicitor firms put up a bond to cover court fees if they are unsuccessful. A 10 million dollar bond should keep the shysters out of the courts.
post #39 of 413
Quote:
Originally Posted by waveghel View Post

This is not to understand for Europeans, really you Americans are real mad, you funny silly crazy people, is money all there is in your heads...? Just get a bumper for the iPhone or, indeed, hold it in another way!
Geez, Americans and their lawsuits!

While there's some truth about our vision on americans only thinking about money, in this case, european consumers would actually demand a refund or full return of the money for a defective or bad working device on normal use, and a phone should and must work well while being hold on hands! That's why it's called mobile phone! So Apple if it only do the right thing, that's recognize the problem, solve it and keep a good consumer image, unfortunately for Apple they are becoming too much capitalist, and get blind of all that money they can get with a 190$ phone being sold by the price of 700$!!!
post #40 of 413
You know there is reality and sometimes in public relations perception is reality. In this case Apple is screwing up not just because of reality but because people, justified or not, can do something to make their phone stop operating appropriately. We live in a country in which you have to label coffee as hot. I've got a picture, I kid you not, that I took of a sticker on a vending machine noting that if you try to bang it back and forth it might tip over on you.

As a country, we've declared ourselves a bunch of idiots that need protection from ourselves and that bunch of idiots is going to point a finger at Apple rather than at themselves. Apple in this instance should feed the idiots what they need and give them a cheap bumper just to shut up their useless bleating before it becomes reality.

"During times of universal deceit, telling the truth becomes a revolutionary act." -George Orwell

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