Class action suit claims Apple deceived over iPhone 3G speeds

Posted:
in iPhone edited January 2014
A lawsuit filed on Tuesday by an Alabama woman alleges that Apple has touted doubled Internet speeds with iPhone 3G when a rash of connection problems have made those speeds seemingly impossible to reach.



In the 10-page complaint, Jessica Smith of Birmingham asserts that Apple's marketing campaign is a breach of express warranty as it promises Internet access "twice as fast" as with the original where the practical experience has fallen well short of the mark.



Always referring to the device as the "Defective iPhone 3G," Smith and her legal team assert that e-mail, text, and most other downloads were considerably slower than what Apple promised. This in no small part stemmed from the reliability of the connection: the device would connect to 3G less than a quarter of the time to 3G even in areas AT&T says should provide "excellent" coverage, according to the lawsuit.



The connection problem has also resulted in an "inordinate" number of dropped phone calls, the filing adds.



Smith is also certain she isn't alone and appears to rely on Internet reports as support for the class action nature of the suit. As there have been many complaints of slowdowns or outright connection problems with the phone, the complaint reads, the number of affected users is said to potentially run into the "tens of thousands." It's thus seen as more accurate and more comprehensive to represent all those iPhone owners in a single suit than to deal with individual cases.



To compensate for Apple's purportedly false advertising, Smith and those who may join her suit would receive damages and also order the Cupertino, Calif.-based company to either fix iPhones or replace them if necessary.



Apple has kept to its longstanding silence on legal matters and hasn't commented on the pioneering lawsuit, which is the first to tackle iPhone connection woes; however, Apple has confirmed that its recent iPhone 2.0.2 update addresses some of the problems.
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Comments

  • Reply 1 of 211
    icarbonicarbon Posts: 196member
    I'm sorry, but this is total crap. I understand that many people are frustrated with the 3G issues, but the fact of the matter is that Apple expressly stated that these speeds were faster over a 3G connection, and they are.



    I just don't see how issues with connectivity that appear to be limited to <10% of users can be considered false advertising.



    Maybe if the case were claiming defective products in a limited number of cases, and could prove that they were defective, it would be worth a damn.



    My guess is that this is a bored lawyer and a stupid complainant.
  • Reply 2 of 211
    Quote:
    Originally Posted by iCarbon View Post


    I'm sorry, but this is total crap. I understand that many people are frustrated with the 3G issues, but the fact of the matter is that Apple expressly stated that these speeds were faster over a 3G connection, and they are.



    I just don't see how issues with connectivity that appear to be limited to <10% of users can be considered false advertising.



    Maybe if the case were claiming defective products in a limited number of cases, and could prove that they were defective, it would be worth a damn.



    My guess is that this is a bored lawyer and a stupid complainant.



    Nah - it's a ploy by MS and RIM to try to get some negative press for the iPhone



    I'm with you tho - this seems like a bit of a paper-thin argument and a good lawyer (of which Apple has plenty) could defeat it. I wonder if the 2.0.2 update fixed it for her - now wouldn't that be funny - haha.



    By the time this ever makes it to any real resolution Apple will have released another update that should fix the problem for all but maybe .5% of people at most.



    Required Vista upgrades killed my audio card - I think I should file a class action suit...
  • Reply 3 of 211
    foo2foo2 Posts: 1,077member
    Quote:
    Originally Posted by AppleInsider View Post


    Smith is also certain she isn't alone and appears to rely on Internet reports as support for the class action nature of the suit.



    Let's see Smith rely on my Internet report.



    The iPhone 3G has worked very well for me. It's been reasonably reliable--more reliable than my HTC 8525 and Treo 650--and it's more than twice as fast as my original iPhone. Furthermore, when Apple advertises twice as fast, it doesn't say twice as fast all the time or everywhere. Nor does Apple say how they measure the speed. Such is the nature of advertising!



    Jessica Smith: are you unhappy with your purchase? RETURN IT.
  • Reply 4 of 211
    Quote:
    Originally Posted by Foo2 View Post


    Let's see Smith rely on my Internet report.



    The iPhone 3G has worked very well for me. It's been reasonably reliable--more reliable than my HTC 8525 and Treo 650--and it's more than twice as fast as my original iPhone. Furthermore, when Apple advertises twice as fast, it doesn't say twice as fast all the time or everywhere. Nor does Apple say how they measure the speed. Such is the nature of advertising!



    Jessica Smith: are you unhappy with your purchase? RETURN IT.



    haha - I wish it were that simple (returning it). They'll undoubtedly throw something around about how Apple "violated her rights" or something as equally cliché.
  • Reply 5 of 211
    3G on the iPhone, when you've got it, delivers 2x and much much more.



    This woman is a venomous money sucker.



    She's not thinking how she can get a better product, though.

    She's just seeing $$$ in her eyes.
  • Reply 6 of 211
    Quote:
    Originally Posted by bigmc6000 View Post


    haha - I wish it were that simple (returning it). They'll undoubtedly throw something around about how Apple "violated her rights" or something as equally cliché.





    there is no doubt that in a real world scenario the 3g iPhone is vastly inferior with actual 3g performance to comparison models from other companies.



    Whether that is enough to win I don't know. If someone has upgraded due to the 3g aspect then I understand that they would feel disappointed.



    win or lose giving this issue more publicity can only be a good thing...for all consumers.
  • Reply 7 of 211
    justflybobjustflybob Posts: 1,337member
    Quote:
    Originally Posted by Archipellago View Post


    there is no doubt that in a real world scenario the 3g iPhone is vastly inferior with actual 3g performance to comparison models from other companies.



    Whether that is enough to win I don't know. If someone has upgraded due to the 3g aspect then I understand that they would feel disappointed.



    win or lose giving this issue more publicity can only be a good thing...for all consumers.



    You were so quick to add your negative comments to the pile, I figure you must be using your iPhone 3G?
  • Reply 8 of 211
    Quote:
    Originally Posted by Foo2 View Post


    Let's see Smith rely on my Internet report.



    The iPhone 3G has worked very well for me. It's been reasonably reliable--more reliable than my HTC 8525 and Treo 650--and it's more than twice as fast as my original iPhone. Furthermore, when Apple advertises twice as fast, it doesn't say twice as fast all the time or everywhere. Nor does Apple say how they measure the speed. Such is the nature of advertising!



    Jessica Smith: are you unhappy with your purchase? RETURN IT.





    I agree return it if you are not happy, there is a return policy or do lawyers only write the small print but not read it?



    Have you looked at all of AT&Ts'/cingulars' complaints? Maybe you should cause when they were my provider well before the iPhone came out or even smart phones for that matter I had dropped calls like there was no tomorrow. I believe it's cause cingular had the worse network and AT&T inherited that. Maybe Apple should drop their contract with AT&T and jump on over to verizon, their network is rock solid. I'm sure there would be a hellava lot less complaints and lawsuits for that matter.

    Fight the lawsuit to the death Apple, don't let these idiots who don't know how to use technology take you down.
  • Reply 9 of 211
    Quote:
    Originally Posted by justflybob View Post


    You were so quick to add your negative comments to the pile, I figure you must be using your iPhone 3G?



    how is the truth 'negative'..??
  • Reply 10 of 211
    sapporobabysapporobaby Posts: 1,079member
    Quote:
    Originally Posted by Archipellago View Post


    there is no doubt that in a real world scenario the 3g iPhone is vastly inferior with actual 3g performance to comparison models from other companies.



    Whether that is enough to win I don't know. If someone has upgraded due to the 3g aspect then I understand that they would feel disappointed.



    win or lose giving this issue more publicity can only be a good thing...for all consumers.



    Exactamundo. Right on the money.



    I have two other 3G phones. Nokia N82 and Nokia E61. I will concede that the iPhone has a better browser, but if I go to the same web page with the iPhone (BBC, CNN, MSNBC), the Nokia's simply get there first. This is not a scientific test by any means but I bet her suit gets traction because her claims will for the most part be verifiable. The iPhone is not slow but it is not as fast as other 3G phones. Apple better shit a solution and fast.
  • Reply 11 of 211
    Quote:
    Originally Posted by iCarbon View Post


    I just don't see how issues with connectivity that appear to be limited to <10% of users can be considered false advertising.



    In fact... the lawsuit says it could have tens of thousands of people affected. With over a million phones sold, is she admitting that <1% may be affected?



    I'd love to see Apple respond by saying "we will accept the return of your iPhone 3G and at our cost move you back to the original iPhone on your original contract". I think that would be entirely fair.



    (ps. Our 3G at the office is terrible. Haven't tried 2.02 yet. We just want the phone to see that 3G is erratic and stay on 2G... though I realise that does take some phone intelligence not to continually say:



    1. I'm a happy iPhone on 2G.

    2. oooh I can see 3G I'll try to connect

    3. Yay connected

    4. can't seem to get a good signal

    5. drop to 2G

    6. go to 1.



    I think that's what the iPhone is doing at the moment. We just need it to say "oooh I can see the office wifi, do not attempt 3G!". That wouldn't help other low-reception areas but would be a great boost for us.)
  • Reply 12 of 211
    sapporobabysapporobaby Posts: 1,079member
    Quote:
    Originally Posted by alfior73 View Post




    I agree return it if you are not happy, there is a return policy or do lawyers only write the small print but not read it?



    Have you looked at all of AT&Ts'/cingulars' complaints? Maybe you should cause when they were my provider well before the iPhone came out or even smart phones for that matter I had dropped calls like there was no tomorrow. I believe it's cause cingular had the worse network and AT&T inherited that. Maybe Apple should drop their contract with AT&T and jump on over to verizon, their network is rock solid. I'm sure there would be a hellava lot less complaints and lawsuits for that matter.

    Fight the lawsuit to the death Apple, don't let these idiots who don't know how to use technology take you down.



    Rah, Rah, Sis-boom-bah. More cheerleading. How is expecting what you paid for not knowing how to use the technology? You don't seem to know what you are talking about but you still figured out how to post drivel. She has a valid point. The iPhone is not performing as advertised. Apple can make all of this go away by getting a fix out there fast. Many, many phone issues of a network nature can be fixed with software. Nokia did it with their N95. One patch and the battery life doubled.



    Think before you post.
  • Reply 13 of 211
    Quote:
    Originally Posted by sapporobaby View Post


    if I go to the same web page with the iPhone (BBC, CNN, MSNBC), the Nokia's simply get there first. This is not a scientific test by any means but I bet her suit gets traction because her claims will for the most part be verifiable.



    The lawsuit is suing because Apple said the iPhone 3G is twice as fast as the original iPhone. There's no lawsuit about it being faster or slower than Nokia etc.
  • Reply 14 of 211
    sapporobabysapporobaby Posts: 1,079member
    Quote:
    Originally Posted by GregAlexander View Post


    The lawsuit is suing because Apple said the iPhone 3G is twice as fast as the original iPhone. There's no lawsuit about it being faster or slower than Nokia etc.



    Right but a 3G phone has to fall into certain performance parameters. If the iPhone fails then it is not performing as a 3G phone. There are network issues that come into play as well, but with all being equal, if the iPhone can not perform at the same level as another 3G phone, then the iPhone is failing. It is that simple.
  • Reply 15 of 211
    Quote:
    Originally Posted by GregAlexander View Post


    The lawsuit is suing because Apple said the iPhone 3G is twice as fast as the original iPhone. There's no lawsuit about it being faster or slower than Nokia etc.



    well she'll win then...surely?



    also a breach of contract cannot force the affected to re-take the old rescinded contract.



    a breach is a breach is a breach.



    would be funny if 3g reception in the courthouse was supposedly good but 'poor' on iphone.!



    /
  • Reply 16 of 211
    Quote:
    Originally Posted by sapporobaby View Post


    Rah, Rah, Sis-boom-bah. More cheerleading. How is expecting what you paid for not knowing how to use the technology? You don't seem to know what you are talking about but you still figured out how to post drivel. She has a valid point. The iPhone is not performing as advertised. Apple can make all of this go away by getting a fix out there fast. Many, many phone issues of a network nature can be fixed with software. Nokia did it with their N95. One patch and the battery life doubled.



    Think before you post.



    drival hahaha whatever keep believing everything that is advertised.



    1. Take a look at her area network for performance, is everyone having issues in her area or just her?

    I mean she could be sitting behind walls that interfere with reception(happens @ wal-mart)

    2. Did she investigate all these things before buying the iPhone, nope only once she bought it.



    It's called consumer spending.



    Also I agree with you that Apple could improve on the technology but do you seriously have to start a lawsuit to get attention or become greedy over it?
  • Reply 17 of 211
    Quote:
    Originally Posted by Archipellago View Post


    well she'll win then...surely?



    also a breach of contract cannot force the affected to re-take the old rescinded contract.



    a breach is a breach is a breach.



    would be funny if 3g reception in the courthouse was supposedly good but 'poor' on iphone.!



    /



    here are the legal caveats for apple's 3g representations... you could drive a LARGE truck through these... we'll see - there may be a false advertising claim outside of a class action breach claim:



    Testing conducted by Apple in May and June 2008 using preproduction 3G/EDGE-capable iPhone units and software and currently shipping EDGE-capable iPhone units and software. Testing was conducted by browsing to http://www.lonelyplanet.com and measured uncached page load performance. All settings were default except: Call Forwarding was turned on; the Wi-Fi feature Ask to Join Networks and Auto-Brightness were turned off. Wi-Fi was enabled but not associated with a network. Throughput depends on the cellular network, location, signal strength, 3G/EDGE connectivity, feature configuration, usage, the Internet, and many other factors. Throughput tests are conducted using specific iPhone units; actual results may vary.
  • Reply 18 of 211
    abster2coreabster2core Posts: 2,501member
    Quote:
    Originally Posted by AppleInsider View Post


    In the 10-page complaint, Jessica Smith of Birmingham asserts that Apple's marketing campaign is a breach of express warranty as it promises Internet access "twice as fast" as with the original where the practical experience has fallen well short of the mark.



    Apple promised no such thing. "Neither Apple nor AT&T has ever promised those rates to its iPhone subscribers. At the iPhone 3G’s introduction in June, Steve Jobs didn’t state the speed of the 2.5G EDGE standard that’s the fastest supported in the original iPhone—as fast as 200 Kbps with AT&T’s version—and then say that the iPhone 3G would be 3.5 to nearly 8 times faster. Instead, he showed a couple of examples, and talked about ranges of 2 to 3 times faster." Macworld http://www.macworld.com/article/1350...8/3gspeed.html



    And as Apple states in addtion, (http://www.apple.com/iphone/features/wireless.html), "Testing conducted by Apple in May and June 2008 using preproduction 3G/EDGE-capable iPhone units and software and currently shipping EDGE-capable iPhone units and software. Testing was conducted by browsing to http://www.lonelyplanet.com and measured uncached page load performance. All settings were default except: Call Forwarding was turned on; the Wi-Fi feature Ask to Join Networks and Auto-Brightness were turned off. Wi-Fi was enabled but not associated with a network. Throughput depends on the cellular network, location, signal strength, 3G/EDGE connectivity, feature configuration, usage, the Internet, and many other factors. Throughput tests are conducted using specific iPhone units; actual results may vary." their butt is well covered.
  • Reply 19 of 211
    Quote:

    * Comparisons between iPhone 3G (8GB) and first-generation iPhone (8GB) running on EDGE. Actual speeds vary by site conditions.



    What is possible and what actually happens is not false advertisement.



    =)
  • Reply 20 of 211
    Quote:
    Originally Posted by sapporobaby View Post


    Rah, Rah, Sis-boom-bah. More cheerleading. How is expecting what you paid for not knowing how to use the technology? You don't seem to know what you are talking about but you still figured out how to post drivel. She has a valid point. The iPhone is not performing as advertised. Apple can make all of this go away by getting a fix out there fast. Many, many phone issues of a network nature can be fixed with software. Nokia did it with their N95. One patch and the battery life doubled.



    Think before you post.



    Honestly, I don't think I've EVER had a product that performed as advertised and I'd challenge that none of you have either. Has your Mac ever crashed? Has an application ever froze on you? Have you ever had a non-maintainance related problem with your vehicle? Have those Dr. Sholls insoles made you start "gellin"? (Had to throw that one in there for comic relief ) That's advertising - they always advertise the best case scenario - if you're still thinking that every single thing you buy is going to be 100% error free then you don't understand the nature of manufacturing on the massive scale these companies are operating on.
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