Apple, AT&T sued for over-saturating 3G network with iPhones

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Comments

  • Reply 61 of 97
    I want to know the name of the low life scum who took this case. I want to send him hate mail and maybe blow up his house.
  • Reply 62 of 97
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by ktappe View Post


    It's not just his area. AT&T data networks in the entire NorthEast U.S. were down for at least 4 hours today: http://www.tuaw.com/2008/09/03/phone...oure-not-alone



    The OP made it sound like it's just iPhones, not all AT&T phones.
  • Reply 63 of 97
    I have an iPhone 3G. I also had the first iPhone. I love my new iPhone 3G and haven't ever had any problems with it beyond the need to reboot it every once in a while, which was the type of bug to be expected with a new product until firmware updates are released. It was better to have the new 3G and wait for the bug fixes than to wait for the 3G and the bug fixes.



    However, I'd be really pissed if I bought the iPhone 3G, used it extensively during the trial-purchase period, and then after it got to the point where I could no longer return the iPhone 3G and cancel the contract, I found that the iPhone 3G was experiencing the connectivity issues people are claiming, and making it a product that I would've returned.



    The problem of course is that lawsuits like this usually only benefit the lawyers. For example, the fair solution would be to extend return policy and penalty-free contract cancellation period so that people could get out if they wanted at this point.



    However, the lawyers don't benefit from this. So instead, they'll sue for $$$, and if they win, years from now, early buyers of the iPhone 3G will be receiving a coupon or check for a tiny fraction of the overall settlement. Worse, people like me who are totally content and not experiencing problems would be just as eligible for the compensation. Most likely, I'd find myself counting towards the settlement (which isn't fair to AT&T/Apple), but if I decline to take the compensation, the money would go to the lawyers.
  • Reply 64 of 97
    Man! These blood-sucking leeches on society piss me off so much I couldn't even finish reading the article.
  • Reply 65 of 97
    Quote:
    Originally Posted by bigmc6000 View Post


    ..."even when 3G coverage is guaranteed"

    Umm - when the heck did either Apple or AT&T ever guarantee 3G coverage? Are they going to file a class action suit for every other phone on the planet that doens't hold a signal 100% of the time? If anything he might have a case against AT&T but not Apple.



    I can only say one thing...you, Americans, are by far the masters of frivolous lawsuits. As an international lawyer myself, I can state that nowhere else can we see such degree of greed and stupidity behind almost every class-action or even individual initiative by citizens...and the commercial approach allowed to legal professionals is just food for unethical behavior.



    You guys REALLY need to put things into perspective and start accepting responsibility for what you do as individuals...to blame networks or especially Apple for "slower" performance arising from widespread adoption of a single phone model is the same as suing Volkswagen for traffic jams caused by ubiquitous Beetles...it's just ridiculous.
  • Reply 66 of 97
    poochpooch Posts: 768member
    (1) yes, i am an unapologetic apple zealot.



    (2) yes, i bought a 3g iphone (but only grabbed it at that time because there was no line).



    (3) yes, i experienced the same problems every one else did.



    (4) yes, i called apple tech support.



    (5) yes, i had an appointment with a genius and his bar.



    (6) no, they did not fix the problems.



    (7) yes, i returned the iphone.



    (8) yes, i wrote to apple.



    (9) yes, i received two phone calls from the apple executive offices "on behalf of steve jobs".



    (10) yes, i think the iphone and the at&t network is over-marketed.



    (11) yes, i will buy a 3g iphone again, once things have settled down.



    (12) no, i did not file a lawsuit.
  • Reply 67 of 97
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by Pooch View Post


    (1) yes, i am an unapologetic apple zealot.



    (2) yes, i bought a 3g iphone (but only grabbed it at that time because there was no line).



    (3) yes, i experienced the same problems every one else did.



    (4) yes, i called apple tech support.



    (5) yes, i had an appointment with a genius and his bar.



    (6) no, they did not fix the problems.



    (7) yes, i returned the iphone.



    (8) yes, i wrote to apple.



    (9) yes, i received two phone calls from the apple executive offices "on behalf of steve jobs".



    (10) yes, i think the iphone and the at&t network is over-marketed.



    (11) yes, i will buy a 3g iphone again, once things have settled down.



    (12) no, i did not file a lawsuit.



    Excellent!
  • Reply 68 of 97
    Quote:
    Originally Posted by Mr Underhill View Post


    What a knob!!



    I have read a lot of pending lawsuits against Apple on this forum so a question for you guys in the US if may. Does it cost this chap money to take Apple & AT&T to court over this or can he get legal aid to pursue his complaint??



    In other words is the US the land of no win no fee??



    Generally, lawyers will take on a lawsuit for free if they are certain they will win. Usually the majority of the winnings then go to the lawyers and then the plaintiff gets something like a coupon for $10 off their next purchase from Apple.
  • Reply 69 of 97
    Quote:
    Originally Posted by bdkennedy1 View Post


    No it's not the same you morons because you're not paying a monthly fee to use the road.



    AT&T forces users to pay an extra $10 a month to use the 3G service which I'm not able to access 90% of the time.



    Um, I don't know where you live, but here in Ontario, I pay an annual license fee, plus every time I fill up at the pump, a good portion of the price I pay for gas includes taxes which go towards paying for road infrastructure. On top of that, I pay sales tax, property tax AND income tax, portions of which are also helping to fund the roadways in one way or another at the municipal, provincial and federal levels.



    Who do you think is paying for all those roads?
  • Reply 70 of 97
    wizard69wizard69 Posts: 13,377member
    I could help but come to that conclusion, there are just to many feeble minds in willing to deal with life. I wouldn't be surprised if this guy isn't part of the Obama entitlement culture. That is cry, whine and sue if things don't go your way.



    As to 3G I've not had much in the way of problems until last night and that was an acknowledged network fault. Sometimes things are a bit slow from work but you no what it is a $&@$ network and networks are subject to loading. Even when I'm out of 3G range EDGE still works fine.



    Now I'm not here to say the iPhone is in any way perfect, it is not and has obviously been rushed to market. As far as those faults go I suspect that I've seen on my device every one mentioned on line. Given all of that it is still the best cell phone / micro computer I've ever had. Notably iPhone is faster than most of the computers I've had.



    Frankly I just don't get it, have these people not a clue? Or backbone for that matter. It is a fundamental reality that networks can become loaded down, if for some reason you don't understand that then switch to a network with fewer customers.



    It is not like the cell companies are continually updating their networks. They do so constantly often responding to areas of congestion. Well when they can. Part of the problem with the networks is more people like mister sue happy here making it difficult for the cell companies to expand tower coverage. One of the grosses realities these days in America is that you have the same idiots that are demanding better cell service creating the conditions that make delivery of better services all but impossible. It really is a shame that so many people flunk the basic sciences in the US and live in ignorance the rest of their lives.



    Dave
  • Reply 71 of 97
    Just another leach of a lawyer looking for easy money.
  • Reply 72 of 97
    (i posted this on a different forum about the same subject)



    i have decided to sue Ford, GM, Toyota and Honda, for selling too many cars. it has ruined road conditions that i can't drive comfortably without hitting pot holes etc. as well, my car says i can drive up to and over 200 km per hour but the roads do not allow me to travel that fast. in fact, i am suing the government for capping speeds on the road, and not allowing me to travel at the maximum velocity that my car can travel. i am also suing the car companies for selling too many cars, that causing the gas shortage, and rise in gas prices.
  • Reply 73 of 97
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by jlanganki View Post


    Generally, lawyers will take on a lawsuit for free if they are certain they will win.



    Lawyers will take on a case like this if they have even a decent chance of winning (it's an odds thing - if they have a 50% chance of winning $2 billion, it's worth putting in quite a few hours).



    Even worse, lawyers will take on a case like this if they think they can blackmail a company into settling - even if they have little or no chance of winning.
  • Reply 74 of 97
    lkrupplkrupp Posts: 9,988member
    The legal system in this country is seriously screwed up in regards to tort.
  • Reply 75 of 97
    He forgot to put a disclaimer in his lawsuit that he is a dickhead. I feel wronged.
  • Reply 76 of 97
    Quote:
    Originally Posted by DGNR8 View Post


    Morons?



    Thats funny...



    So how do you use a road or highway or road for free?



    I want in on that racket.



    Last I checked I have to pay for tag's on my truck and car with emission testing fee's that goes right back to TXDOT which pay's for roads and highway's.



    Then on top of that Toll-way's in Houston that being built now that were once major arteries with in the city as roads.



    i.e. Westpark (Tollway) Hardy Road (Tollway) Beltway 8 (Tollway) SH249 (Future Tollway according to the state posted signs)



    So a monthly fee your right, no monthly fee.

    However a fee all the same is charged on roadways and highways at a yearly rate and per use.



    Just need to think it thru next time before you start throwing around the "Morons" statement.



    Does all that make since, Moron.



    Beautifully said! Now we know the "moron" who made the original comment isn't paying taxes or vehicle registration fees! He probably doesn't have insurance either.
  • Reply 77 of 97
    I love how the lawsuit is allegedly based on internet reports! What a dumbfuck plaintiff and dumbfuck lawyer. If they believe what they read on the internet, they are truly a stupid pair! Sounds like the jackass doesn't even own the iPhone! My friend has an iPhone 3G, I have the original. Both work great, and work as advertised! The 3G speed is about 2x faster than Edge. Signal level was great in Los Angeles, and only took a second to find a 3G signal, and the phone was running OS 2.0.1! My friend uses the phone on Edge 99% of the time for battery savings and switches to 3G whenever needed.



    Basically, it sounds like most people ran out and bought the phone without even checking AT&T's coverage map for 3G service. As all the ads have clearly stated, 3G not available in all areas! These dipshits need withdraw their lawsuits, or sue every cell phone provider and hardware maker if they are going to make these bullshit allegations.
  • Reply 78 of 97
    First off, stop with the generalities about lawyers. I thought there was a rule about hurling insults? It is my profession, as it is with others on this board, so chill. I don't think anyone wants to be insulted because of their chosen profession. As far as lawyers go, there are plenty out there that live up to the terrible reputation, but not all of us. It is funny how people will criticize a criminal defense attorney until he or she successfully defends someone you think is innocent. All of a sudden, they are worthy of Atticus Finch level of respect. It is all relative.



    You must also note, Apple will be hiring these same attorneys to defend this, and other actions. Because they defend Apple are they above such criticism? Maybe Apple should not hire any attorneys, thus no longer supporting the legal community and all lawyers will simply go away.



    As far as bringing in Apple into the lawsuit, it makes sense. I am not agreeing with the complaint as I have not seen any supporting documentation, however, Apple sells the product that has the AT&T service on it. You can't unlock the 3G iPhone. This product is packed with several services. Remember, AT&T authorized Apple employees to create AT&T accounts. They are inextricably linked as defendants. The retailer is ultimately responsible for a failed product. Even if that means that the product is performing, but the service provider is underperforming. There is a partnership that Apple cannot escape. The product was "designed" to work "twice as fast" on this network. Implied warranties are a common law mainstay. Goods fit for a particular purpose is an implied warranty. If the sheer volume of iPhone, whether twenty or twenty millon of them, cause the network they operate on to falter, then the iPhone, to a certain degree, in its design, is at fault for that failure, just as AT&T capacity to service a high number of iPhones.



    This is the possible argument that can be made. It is not necessarily the right one, but there is some logic to it. Stop being so defensive when it comes to Apple. I love their products, but don't tell me that Jobs is any different than Gates. He just puts out a slicker product.
  • Reply 79 of 97
    Quote:
    Originally Posted by jragosta View Post


    Lawyers will take on a case like this if they have even a decent chance of winning (it's an odds thing - if they have a 50% chance of winning $2 billion, it's worth putting in quite a few hours).



    Even worse, lawyers will take on a case like this if they think they can blackmail a company into settling - even if they have little or no chance of winning.



    Extortion is a crime. Some lawyers play dirty, but will not engage in anything that will destroy their livelihood. Contingency fees, which you seem to know a lot about, but not exactly what they are called, is not an industry standard. Retainer agreements differ from client to client and attorney to attorney. Once again, let what you see on t.v. make your mind up about the legal system, but there is a lot more to it.
  • Reply 80 of 97
    Quote:
    Originally Posted by jlanganki View Post


    Generally, lawyers will take on a lawsuit for free if they are certain they will win. Usually the majority of the winnings then go to the lawyers and then the plaintiff gets something like a coupon for $10 off their next purchase from Apple.



    Genius, usually a contingency fee is 1/3. The majority does not go to the attorney. Depending on the level of culpability of the defendant, the defendant might have to pay attorneys fees. IE: a federal minimum wage violation case won $750,000.00 for 12 employees of a restaurant. The attorney's fees for $899,000.00 that were to be paid by the defendants. If you are going to be snarky, be right.
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