Ridiculous & asinine behavior. How was AT&T left out from consideration in such an ill-intended, not so well thought "let's make some money" kind of an idea. No argument there may be issues in quality of service, but how does an Alabama Lawyer (presumably) and a citizen of same believe that somebody's trying to dupe them or that there's a chance in he!! they'll ever see a dime. Waste of energy better spent on getting an education by finding a college out of state somewhere.
also a breach of contract cannot force the affected to re-take the old rescinded contract.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.!
/
Last time I checked my iPhone I actually got more than twice the speed with 3G vs Edge. Apple can argue that wireless reception is affected by many factors even for phones at the same location. Furthermore, Apple can also say that as with any product there are some defective units and they can offer her an exchange or a return. I doubt that this lawsuit will go to the end.
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?
This lawsuit was in the making the moment the calls started dropping in the volumes that they were being reported. Apple should have come out and screamed that they had things under control, but they didn't. They climbed into the bunker and this now bit them in the tukus (butt). She is not the problem here as much as Apple is. There is enough blame to go around but at the end of the day, Apple got paid for delivering a product that might be faulty. There is not escaping this fact.
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.
Oh I agree with you 10000 Blazillion of your earth percents, but we are getting into the weeds here. She is using generalities and experts to exploit these generalities (and they will) to try and prove that Apple mislead.
Last time I checked my iPhone I actually got more than twice the speed with 3G vs Edge. Apple can argue that wireless reception is effected by many factors even for phones at the same location. Furthermore, Apple can also say that as with any product there are some defective units and they can offer her an exchange or a return. I doubt that this lawsuit will go to the end.
You could have a point but, it is about perception now. Daily, the iPhone is viewed as a "flawed" product. Each hesitation of a sale or non-sale is lost money in Steve-o's pocket. This is about more than just broken phones. Apple as a company is on trial (not yet) to the public eye.
Determining if it was false - have to look at the research done to make that claim. If the research was good then what more could Apple do? Also the amount of people in real-world situations who DON'T get that speed increase would play some part (and I'd say that <1% not getting the boost wouldn't be enough).
We don't get Edge on our GSM network, so can't comment on speed change. 3G is certainly about 5-10 times faster than GPRS. In my office we get flakey 3G (and we are in a 3G area) so maybe we are considered part of that <1% who are not getting double speed (when in the office)?
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.
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
I can't believe it! I hope she is going to lodge complaints for every other device manufacturer since she is bitching about Apple. All the other devices I have had aren't perfect either! Move on, and stop wasting our time with frivolous claims!
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
Yeah.
If you bought a V6 car which didn't perform as well as another V6, you couldn't really say it was failing and sue.
This lawsuit was in the making the moment the calls started dropping ........
Did you read the original post?
"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"
This woman is complaining about Apple's advertising. She believes that the "Twice as fast. Half the price" headline is misleading. I must have missed the ads where Apple promised that calls would "never be dropped". And the one that claimed that "3G never drops to 2G".
If you bought a V6 car which didn't perform as well as another V6, you couldn't really say it was failing and sue.
no - but depending on where you resided, for instance in the US, but again depending on what state - you might be able to get a new car or get your money back if the failing car could be defined as a "lemon" under your applicable state's lemon law....
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
Okay so performing substandard but still performing is a passing grade, but what if these performance parameters are not what Apple advertised? Then there is a problem. I would like to see the technical data on the performance. I think the fact that Apple finally came out and admitted there was a problem was what people (this lady) was waiting for. Apple admitted a problem in their phone.
"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"
This woman is complaining about Apple's advertising. She believes that the "Twice as fast. Half the price" headline is misleading. I must have missed the ads where Apple promised that calls would "never be dropped". And the one that claimed that "3G never drops to 2G".
Right. I am talking about a problem AT ALL with the iPhone. Dropped calls, battery life, doesn't make coffee anymore, etc.... People were waiting for Apple to admit something was wrong and BLAM, out come the lawsuits. Wanna bet there will be more coming in the next few days?
no - but depending on where you resided, for instance in the US, but again depending on what state - you might be able to get a new car or get your money back if the failing car could be defined as a "lemon" under your applicable state's lemon law....
Is this related to what she's claiming with the "twice as fast" thing? Or is she suing for false advertising, as well as a lemon? I thought the lemon law referred to a specific car, rather than "all of this make/model".
Anyway - if the lemon law does relate to her lawsuit, is it anything to do with my comment? Being slower than a Nokia is not grounds to complain about the iPhone, that's all I said.
ps.
I'd love to see an unbiased report on all cell phones on all networks. My nokia drops more than 1 in 10 calls but I have no idea if my end dropped or their end dropped, etc. God... to get some USEFUL performance benchmarks...
I know that the phone plays a big roll in 3G connection, however, this 3G service is PROVIDED by AT&T not Apple. Now going off of that AT&T 3G connection are different all over the US. No two cites have the same 3G connection speed. For example, Chicago, New York, LA, big important cities to AT&T like those will have and do have a faster 3G connection than I do in Minneapolis. That is all AT&T. Apple has no control over this. Also, I love how she is using the internet as her hard facts and completely believing what AT&T has told her about 3G connection. Do you really think AT&T would tell you the truth about real connection speeds for their 3G network...ummm no.
Well Mrs. Smith I wish you the best, but I'm sure Apple gets plenty of pointless lawsuits sent to them every week and yours is no different than the rest. Might as well stop now before you receive a cease and desist letter from Apples army of amazing lawyers.
Comments
Word from a phrase by Forrest Gump: AlaBAMA...
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.!
/
Last time I checked my iPhone I actually got more than twice the speed with 3G vs Edge. Apple can argue that wireless reception is affected by many factors even for phones at the same location. Furthermore, Apple can also say that as with any product there are some defective units and they can offer her an exchange or a return. I doubt that this lawsuit will go to the end.
I'm sure Apple's lawyers begged Steve not to say "twice as fast" in the advertising, but relented after a 10 hour screaming match.
there's little doubt in my mind your right.. by the way the marketing campaign is still "twice as fast, half the price"
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?
This lawsuit was in the making the moment the calls started dropping in the volumes that they were being reported. Apple should have come out and screamed that they had things under control, but they didn't. They climbed into the bunker and this now bit them in the tukus (butt). She is not the problem here as much as Apple is. There is enough blame to go around but at the end of the day, Apple got paid for delivering a product that might be faulty. There is not escaping this fact.
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
Oh I agree with you 10000 Blazillion of your earth percents, but we are getting into the weeds here. She is using generalities and experts to exploit these generalities (and they will) to try and prove that Apple mislead.
Last time I checked my iPhone I actually got more than twice the speed with 3G vs Edge. Apple can argue that wireless reception is effected by many factors even for phones at the same location. Furthermore, Apple can also say that as with any product there are some defective units and they can offer her an exchange or a return. I doubt that this lawsuit will go to the end.
You could have a point but, it is about perception now. Daily, the iPhone is viewed as a "flawed" product. Each hesitation of a sale or non-sale is lost money in Steve-o's pocket. This is about more than just broken phones. Apple as a company is on trial (not yet) to the public eye.
well she'll win then...surely?
Only if she can show that
1. Apple advertised it was 2 times faster
2. This was false.
Determining if it was false - have to look at the research done to make that claim. If the research was good then what more could Apple do? Also the amount of people in real-world situations who DON'T get that speed increase would play some part (and I'd say that <1% not getting the boost wouldn't be enough).
We don't get Edge on our GSM network, so can't comment on speed change. 3G is certainly about 5-10 times faster than GPRS. In my office we get flakey 3G (and we are in a 3G area) so maybe we are considered part of that <1% who are not getting double speed (when in the office)?
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.
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
Yeah.
If you bought a V6 car which didn't perform as well as another V6, you couldn't really say it was failing and sue.
This lawsuit was in the making the moment the calls started dropping ........
Did you read the original post?
"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"
This woman is complaining about Apple's advertising. She believes that the "Twice as fast. Half the price" headline is misleading. I must have missed the ads where Apple promised that calls would "never be dropped". And the one that claimed that "3G never drops to 2G".
Yeah.
If you bought a V6 car which didn't perform as well as another V6, you couldn't really say it was failing and sue.
no - but depending on where you resided, for instance in the US, but again depending on what state - you might be able to get a new car or get your money back if the failing car could be defined as a "lemon" under your applicable state's lemon law....
That's not quite true. If the iPhone meets the performance standards but does "not perform at the same level as another 3G phone", it is simply not the best-performing phone. That hardly means it is failing.
Okay so performing substandard but still performing is a passing grade, but what if these performance parameters are not what Apple advertised? Then there is a problem. I would like to see the technical data on the performance. I think the fact that Apple finally came out and admitted there was a problem was what people (this lady) was waiting for. Apple admitted a problem in their phone.
Did you read the original post?
"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"
This woman is complaining about Apple's advertising. She believes that the "Twice as fast. Half the price" headline is misleading. I must have missed the ads where Apple promised that calls would "never be dropped". And the one that claimed that "3G never drops to 2G".
Right. I am talking about a problem AT ALL with the iPhone. Dropped calls, battery life, doesn't make coffee anymore, etc.... People were waiting for Apple to admit something was wrong and BLAM, out come the lawsuits. Wanna bet there will be more coming in the next few days?
no - but depending on where you resided, for instance in the US, but again depending on what state - you might be able to get a new car or get your money back if the failing car could be defined as a "lemon" under your applicable state's lemon law....
Is this related to what she's claiming with the "twice as fast" thing? Or is she suing for false advertising, as well as a lemon? I thought the lemon law referred to a specific car, rather than "all of this make/model".
Anyway - if the lemon law does relate to her lawsuit, is it anything to do with my comment? Being slower than a Nokia is not grounds to complain about the iPhone, that's all I said.
ps.
I'd love to see an unbiased report on all cell phones on all networks. My nokia drops more than 1 in 10 calls but I have no idea if my end dropped or their end dropped, etc. God... to get some USEFUL performance benchmarks...
$20k? 6 figures?
Can't wait to hear this one...
Well Mrs. Smith I wish you the best, but I'm sure Apple gets plenty of pointless lawsuits sent to them every week and yours is no different than the rest. Might as well stop now before you receive a cease and desist letter from Apples army of amazing lawyers.
I wonder what her lawyers think is the $$ value for the pain and suffering of her faster (but slower) iPhone 3G speeds?
$20k? 6 figures?
Can't wait to hear this one...
Personally, I would settle for a new phone.
I am now on my 3rd iPhone 3G in Los Angeles & the reception has been the same on all 3 phones ~ HORRIBLE!.
The 2.0.2 actually made my reception worse.
I don't care who's fault it is! All i know is somebody did not do there home work & released these prematurely!
Apple or AT&T or Both need to get there sh*t together & make this thing work! PERIOD!