Apple sued over hairline cracks in iPhone 3G casings

Posted:
in iPhone edited January 2014
Apple is facing yet another lawsuit over the performance of its iPhone 3G on AT&T's network but with added allegations that the company is ignoring the occurrence of hairline cracks in the handset's enclosure.



The 23-page suit, filed in a New York district court by Nassau County resident Avi Koschitzki, joins a chorus of complaints (1, 2, 3, 4) filed earlier this year, each of which charge the iPhone maker and its exclusive US wireless carrier AT&T with misrepresenting the performance of the new touchscreen handset by advertising it as "twice as fast" as its predecessor.



"Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold," Koschitzki's attorneys wrote.



They claim that due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage.



Koschitzki also claims that he is among several customers who've noticed hairline cracks form in the iPhone 3G's casing at or around the camera module, and adds that some customers have noticed similar cracks immediately upon opening their new iPhones' boxes for the first time.



Hairline cracks on iPhone 3G. | Image credits: Nevin Styre, Apple support discussions.



"Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public," the complaint says.



Koschitzki, who is seeking class-action status on his suit, is also unhappy with the handful of iPhone Software updates released to date. He says they've failed to address a number of outstanding issues with the phone, ranging from third-party application crashes at launch to poor 3G reception.



The complaint, filed Wednesday, also names AT&T as a defendant.
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Comments

  • Reply 1 of 69
    crebcreb Posts: 276member
    Utterly ridiculous. Mobile phones are to be used, abused, and replaced. Not treated like some Ms. Prissy. The 3G claim is even further off the wall.
  • Reply 2 of 69
    nagrommenagromme Posts: 2,834member
    I say this as someone who a) has a BLACK iPhone and b) has no cracks:



    I really like the plastic Apple has chosen--it has NO scratches even after being put in a pocket full of sand for a day. (Yes, really--I didn't realize the new jeans I bought would store so much gravel and release it over such a long period!) The chrome did scratch--the plastic did not. I'll accept the risk of a few cracks I won't notice. I'd notice scratches.



    I'd certainly sing a different tune if I had major cracking problems--especially if they weren't just hairline, but actually developing toward breakage. I think Apple should replace the case if it arrived cracked, or became seriously cracked even when the user had not abused it (which I know is hard to judge).



    I'm kind of glad my chrome edge got scratched early (nobody but me would notice anyway). Now I can get over the fear about something brand new, and just USE the thing!
  • Reply 3 of 69
    I thought Apple would replace the iPhone if you had the cracks. If that is true then this is just a nuisance lawsuit.
  • Reply 4 of 69
    Oh christ, a manufacturing problem and the whole phone is defective? Give me a break.

    The performance issue isn't even an Apple issue! He says himself AT&T has an overloaded network. Just another greedy douchebag.



    Jimzip
  • Reply 5 of 69
    THIS is the new America. It has been a long time coming, but it is finally here.



    Want to get rich quick? Even quicker than being a hedge fund manager? Then sue somebody with deep pockets over any little thing. Bought something you're not happy with? Don't take it back and get a refund: Sue the bastards! Feeling small and insignificant? Sue someone! Not happy with your current warranty or the results of the last election? Sue! Protest! Ignore the law! Don't let the SOB's get away with not bending to your will! Bring 'em to their knees! Cripple 'em!



    (Oh, and don't worry about repercussions. There will NEVER be tort reform in this country like that in England. You won't have to pay a thing even if you lose the case, and the corporate brigands will be out millions! MILLIONS, do you hear?! That'll show 'em not to screw with a little guy!)
  • Reply 6 of 69
    mjtomlinmjtomlin Posts: 1,823member
    Are people really that petty? People amaze me, it seems, for all the wrong reasons. Honestly, does the damned thing still work or not? Get over your vain materialism.
  • Reply 7 of 69
    I just noticed that the jack itself in the 'Headphone Port' photo actually looks warped/bent, as if the owner caught his cord on something and the pressure tore at the plug, bending the metal and cracking the case. In any case, that one certainly doesn't look natural.
  • Reply 8 of 69
    This isn't a case of people abusing their phones. I have a black 8 gig and within 2 weeks of purchasing it it had over 20 cracks in the case. Only one is particularly noticeable - without it I probably wouldn't have found the others. AT&T refused to replace the unit because they didn't have one in stock within the first 30 days of my purchase, but they did acknowledge that it was "defective".



    I opened a case with Apple Support over the phone. They said they would replace it, but I have to take it to an Apple store (several hours drive for me) or send it in and not have it for at least a week. I could get a "service phone" for $29 to use in the interim or pay $69 for Apple care and they would do the "service phone" for free.



    I think this is unacceptable - asking me to pay or be inconvenienced to replace a product with manufacturing defects. Can you imagine if they charged you to replace the recently recalled iPhone power adaptor plug?



    I understand why they don't want to make a big fuss about it, but they aren't really doing right by their customers who can't just pop over to the local Apple store whenever they feel like it.
  • Reply 9 of 69
    Class action lawsuiters are the new patent troll.

    It seems like a way to make some money anyone know of any defective comsumer products I can purchase and then sue.

    Cheerio, I'm off to buy a 360. \



    Nah seriously, is it just the White iPhone, I have the balck one, which is fine.
  • Reply 10 of 69
    Quote:
    Originally Posted by Adamalicious View Post


    I opened a case with Apple Support over the phone. They said they would replace it, but I have to take it to an Apple store (several hours drive for me) or send it in and not have it for at least a week. I could get a "service phone" for $29 to use in the interim or pay $69 for Apple care and they would do the "service phone" for free.



    I think this is unacceptable - asking me to pay or be inconvenienced to replace a product with manufacturing defects. Can you imagine if they charged you to replace the recently recalled iPhone power adaptor plug?



    I dont really follow you. They are asking you to send the phone in and they will replace it. Seems like fairly standard service to me. They will give you a temporary replacement phone to use for 29$. You dont have to get the replacement phone. Thats you're choice. Don't you have an old cell phone around that you can pop the sim card into while your phone is being serviced? I have 3 that I could use.
  • Reply 11 of 69
    I've never had a phone that didn't eventually have cracks, scratches and all sorts of blemishes all over it. I've had a case on my phone since I bought it, but it still has some scratches (most of which come from the case itself rubbing against the phone). When I took the case off to clean it the other day, I noticed that the plastic has some 'bubbles' in it and the phone doesn't look so great anymore without the case. Do I care? Hell no. The phone still functions perfectly. Should I sue because they didn't invent some magic material that is completely resistant to cracks and scratches? I guess maybe I should.
  • Reply 12 of 69
    Something is not right i think, i have had the new 3G in white since day one my wife also has the new 3G in black since day one, i have drop my phone about 10x and honestly no hair lines crack here, my wife has drop hers more than 50x i'll say and hers even has tiny chips of plastic come off but no hair lines crack, so i think something is not right, No everyone is happy that these phones are selling at the rate they are Apple has a lot of enemies, but i'll say this if my phone had crack i too would be pist.
  • Reply 13 of 69
    wigginwiggin Posts: 2,265member
    Quote:
    Originally Posted by Adamalicious View Post


    This isn't a case of people abusing their phones. I have a black 8 gig and within 2 weeks of purchasing it it had over 20 cracks in the case. Only one is particularly noticeable - without it I probably wouldn't have found the others. AT&T refused to replace the unit because they didn't have one in stock within the first 30 days of my purchase, but they did acknowledge that it was "defective".



    I opened a case with Apple Support over the phone. They said they would replace it, but I have to take it to an Apple store (several hours drive for me) or send it in and not have it for at least a week. I could get a "service phone" for $29 to use in the interim or pay $69 for Apple care and they would do the "service phone" for free.



    I think this is unacceptable - asking me to pay or be inconvenienced to replace a product with manufacturing defects. Can you imagine if they charged you to replace the recently recalled iPhone power adaptor plug?



    I understand why they don't want to make a big fuss about it, but they aren't really doing right by their customers who can't just pop over to the local Apple store whenever they feel like it.



    I seem to recall an issue a few years back with iBooks where a strange artifact of the molding process left strange patterns in the plastic that looked like cracks but really weren't. I'm not saying that's what happened in your case, just a point of reference. Every manufacturing process is going to produce at least a few lemons.



    I can sort of understand Apple's reluctance to provide advanced replacements if you can't get to an Apple store. They probably need to inspect the phone to be sure the damage isn't a result of abuse before they provide a replacement. What is bad (but not surprising since it's ATT) is that ATT couldn't give you some sort of IOU or rain check to allow you to return to the store once they got more phones in stock to replace yours.
  • Reply 14 of 69
    Damn money-grubbers. Just get a replacement.
  • Reply 15 of 69
    mj webmj web Posts: 918member
    Was that Amy Winehouse's phone? I treat my (black) iPhone gently -- ie: I don't drop it -- and it is crackless. Another crackpot lawsuit by another crackhead shyster.
  • Reply 16 of 69
    lantznlantzn Posts: 240member
    Wow this is nuts. I have very poor eyesight and have a -8 prescription in both eyes. I'm fine when I wear my glasses. When wearing my glasses I can't see any cracks in the areas mention. However, for whatever reason, I am able to see extreme details in things when I hold objects up close to my eyes when not wearing glasses. It's almost like using a magnifying glass. When I examine my iPhone like this, yes I do see a number of tiny cracks in those areas mention, especially around the camera. Talk about these people being anal. Cracks THAT tiny should not be an issue.

    Also my phone has fallen out of my shirt pocket from about 2' when I've bent over a couple of times. The surface it hit was hard so this was probably the culprit. I have a friend who just bought his so I'm going to examine his.
  • Reply 17 of 69
    "Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public,"



    So Apple knows they are selling a defective product, and the guy files a lawsuit to get them to fix said problem, you all blast him. WOW. Stop give Apple free reach arounds please.
  • Reply 18 of 69
    Both my iPhone and my dad's have had to be replaced because of cracks. His actually cracked to the point where the hold switch broke off. Mine just had a pretty decent crack between the aluminum bezel and the hold switch. So yeah, we had to get them replaced. For my dad: no big deal, he lives 15 minutes from an apple store. For me: a little less convenient, as I live 2 1/2 hours from an apple store.



    Quote:
    Originally Posted by Adamalicious View Post


    I think this is unacceptable - asking me to pay or be inconvenienced to replace a product with manufacturing defects. Can you imagine if they charged you to replace the recently recalled iPhone power adaptor plug?



    I understand why they don't want to make a big fuss about it, but they aren't really doing right by their customers who can't just pop over to the local Apple store whenever they feel like it.



    with that said... yeah it sucked driving 5 hours round trip to get a phone replaced. BUT what else can I expect? What do you want apple to do? Drive it to your house?? Think about it from their side of things. How can they reasonably handle that situation and inconvenience people the least? I think that offering to replace the phone free of charge at their service locations, or mailing you a new one is not only reasonable but GENEROUS.



    If you're THAT dependent upon having a phone... then you would have a second, cheaper handset as a backup... or you would go buy an indestructible titanium brick-phone. Its a phone! it's plastic! of course it can have problems! don't we all realize this upon buying it?



    I mean, mine busted, and yeah it sucked... but I got over it. And if you've got time to be frequenting AppleInsider's forums... then you've probably got time to drive to an apple store several hours away - once - to get a replacement phone.



    Lawsuits like this make me want to throw up all over people. Can't be inconvenienced by driving to an apple store or waiting on a mailed replacement... but has the time to file a huge lawsuit and pay huge lawyer fees?? hmmmmm
  • Reply 19 of 69
    Here in Portland, it is quite common to have poor 3G reception or only Edge reception, even right downtown. Its an irritation and I curse AT&T everytime, but I never thought to sue over it.
  • Reply 20 of 69
    mfrydmfryd Posts: 112member
    I an understand people being upset that the phone is not "twice as fast".



    I am astounded that no one complains that a phone advertised as "Half the price" is actually more expensive than the old version.





    The original iPhone was $880 ($400 up front, plus $20/month for 24 months for the required data plan).



    The iPhone 3G is $1,040 ($200 up front, plus 24 months of $30/month for the data plan, and $5/month for SMS messages)



    Raising the price from $880 to $1,040 hardly seems like 'half the price'.



    If a car dealer advertised like this it would be fraud. A car dealer can't clam to have halved the price for the car by lowering the down payment and compensating with increased monthly payments. In order to honestly lower the price, they need to reduce the amount you are required to pay.
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