Law firm already jumping on reports of high RF emissions in iPhone 7

Posted:
in iPhone edited August 22
One day after publication of independent testing of iPhone radio frequency emissions a law firm is making questionable comparisons, and is already asking people to reach out if they feel that they are impacted.

Sample Cellphone tower


"The fact that the Chicago Tribune can convene a group of experts and develop such convincing findings shows that the phone manufacturers may be intentionally hiding what they know about radiation output," said Beth Fegan, managing partner of Fegan Scott. "This could be the Chernobyl of the cell phone industry, cover-up and all."

It isn't clear where Fegan gets the impression that the two situations are even remotely the same. Ionizing radiation from Chernobyl disaster isn't even close from a physical standpoint when compared the radio frequency emissions from the iPhone in the worst possible conditions. By any measure, biologically speaking, the ionizing radiation exposure from Chernobyl to those affected was several thousand of orders of magnitude worse than any given iPhone exposure.

"If we found that produce sold in grocery stores contained twice the levels of pesticides as the law allows, we would be up in arms, demanding the products be pulled from the shelf - this is no different," said Fegan. "In this case, we know the cell phone radiation is dangerous, but the terrifying part is that we don't know how dangerous, especially to kids' brain development."

Fegan was previously associated with Hagens Berman, and founded Fegan Scott in 2019. Hagens Berman is behind a iPhone battery slowdown class action suit, a lawsuit alleging a "Critical" filter defect in the iMac and Macbook, and another alleging anti-competitive practices by Apple in regards to how it manages the App Stores.

The firm is requesting comment, or questions be directed to their email account designated for the matter. No suit has yet been filed.

Context is key

Long-term research has shown no correlation to radio frequency exposure at limits up to its safe level, making allegations of a "dangerous" unlikely.

Federal limits for RF exposure to the populace are extremely conservative, and the testing is performed in absolute worst-case conditions. While the levels seen by the independent testing from Tuesday's report are above that limit, the iPhone models in question do not pose any imminent safety hazard.

The US government sets several limits on exposure to just about everything. One is a safe limit, a second is an occupational limit, and the third is a non-occupational limit. In the case of radio frequency exposure like from the iPhone the occupational limit for industry workers is 10% of the safe limit, with the non-occupational limit set at 2% of the safe limit.

So, even with the proximity sensor on the iPhone 7 in question disengaged, at worst, the exposure is 3% of the safe limit, according to FCC exposure mandates.

Fegan says that owners or users of the iPhone 7, iPhone X, iPhone 8 and iPhone 8 Plus are potentially impacted. The firm also says that Samsung Galaxy S9, S8 and J3 owners may be, as well as users of the Motorola Moto e5 and G6.

However, in listing all of the devices, Fegan misrepresents the testing commissioned by the Chicago Tribune. Radio frequency exposure was over 1.6 Watts per kilogram when performed at a closer range -- 2mm -- than the 5mm that the test is designed for. While the independent testing found a single iPhone 7 exceeded the limit at 5mm, nearly every other device did not when proximity sensors were properly engaged.

Courtroom challenges, if it gets that far

It will be nearly impossible for Fegan to prove consumer damage from radio frequency emissions. And even if an injury is proven to be from radio frequency, it will be impossible to narrow it down to the iPhone or any mobile phone given constant exposure from other sources, including household electrical wiring, wi-fi, microwave ovens, motors, and natural sources.

Additionally, the devices are properly certified by the US Federal Communications Commission, which also grants some protections to all the manufacturers. The FCC is promising to review the situation following the independent testing.

Apple has reaffirmed that the devices are properly tested, and is maintaining that the third-party selected for the testing didn't perform the testing properly and under the right circumstances.

"All iPhone models, including iPhone 7, are fully certified by the FCC and in every other country where iPhone is sold," Apple said in regards to the third-party RF testing. "After careful review and subsequent validation of all iPhone models tested in the [Tribune] report, we confirmed we are in compliance and meet all applicable exposure guidelines and limits."
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Comments

  • Reply 1 of 30
    sflocalsflocal Posts: 4,752member
    The ambulance chasers are already coming out from their slime pits.

    Saw this coming the nanosecond the report was published.

    good luck finding (and proving) someone that was “injured” by this.

    scum.
    razorpitStrangeDaystjwolfflyingdpchiapscooter63jony0
  • Reply 2 of 30
    gatorguygatorguy Posts: 21,302member
    Absolutely expected. As @sflocal said: Ambulance chasers. Winning just one out 50 cases probably makes it worthwhile. 
    razorpitflyingdpmuthuk_vanalingambadmonkjony0
  • Reply 3 of 30
    razorpitrazorpit Posts: 1,074member
    In the world of chasing ambulances, you snooze you loose.
  • Reply 4 of 30
    TomETomE Posts: 150member
    The testing by the news source is flawed.  They are not trying to duplicate the Apple Laboratory tests.  I suspect my Motorola Flip Phone (Analog) gave off more Radiation than anything else.

    edited August 22 Arina14
  • Reply 5 of 30
    The sooner that cases like this end with costs being awarded to the winning side the better.

    These suits are not brought for the benefit of the plaintiffs but to enrich the lawyers on both sides. They are the ONLY winners here.
    jony0
  • Reply 6 of 30
    JWSCJWSC Posts: 552member
    gatorguy said:
    Absolutely expected. As @sflocal said: Ambulance chasers. Winning just one out 50 cases probably makes it worthwhile. 
    A ‘loser pays’ system like the British have would put an end to that calculation.
    tjwolfflyingdpHeliBumentropysMplsPjony0
  • Reply 7 of 30
    gatorguygatorguy Posts: 21,302member
    TomE said:
    The testing by the news source is flawed.  They are not capable of repeating the Apple Laboratory tests.  

    I think your post may be flawed. Did you read the article for understanding, and also note who did the testing?
    edited August 22
  • Reply 8 of 30
    All I know is that there is a gargantuan nuclear fusion reactor in the sky bombarding all of us with radiation.
    flyingdpchiarazorpitspace2001entropysnetroxlkruppFileMakerFellerpscooter63jony0
  • Reply 9 of 30
    sflocalsflocal Posts: 4,752member
    All I know is that there is a gargantuan nuclear fusion reactor in the sky bombarding all of us with radiation.
    In that case... the law firm Fegan Scott LLC should sue God for creating such a flawed solar reactor.  
    chia
  • Reply 10 of 30
    StrangeDaysStrangeDays Posts: 8,811member
    "Please let us know if this dubious thing you never knew about before yesterday has been bothering you. Since yesterday." -Lawyers
    edited August 22 13485djames4242FileMakerFeller
  • Reply 11 of 30
    tjwolftjwolf Posts: 306member
    The root of most evils in this country can be traced back to the nature of our system of law.  We have 5% of the world's population, but 95% of the world's lawyers.  Why is that?  Because here lawyers are allowed to work on contingency.  So they all chase ambulances, offer their services for free to just about anyone - doesn't really matter whether the client is a real victim or just another jackal out for cash & willing to lie for it.  All they have to do is get it to court and in front of a jury, where they play on the heartstrings rather than facts.  They're especially happy when the supposed "perpetrator" is a big, fat company - it's easier to convince a jury to "stick it to the man".

    viclauyyc
  • Reply 12 of 30
    eightzeroeightzero Posts: 2,504member
    Idea: AI could have a feature thread with all pending litigation with Apple as a party, just like the "stores opening" and "Stuff coming to AppleTV+" ones. 
    viclauyyc
  • Reply 13 of 30
    lkrupplkrupp Posts: 7,464member
    Call them ambulance chasers, call the plaintiffs greedy or stupid, say what you will. All it takes is a sympathetic, misinformed and vengeful jury to award billions of dollars just to stick it to big corporations. Case in point is the recent judgements against the herbicide Roundup. From what I’ve read there is absolutely no scientific evidence or studies to indicate the active ingredient in Roundup causes cancer but yet juries are awarding billions to plaintiffs. Appeals will takes years if not decades and the same thing will happen with this cellphone radiation scare. For years people have claimed that using a cellphone causes brain cancer but there is no evidence to prove anything. The lawyers know that people will not stop using cellphones no matter what. They are ingrained in the culture now.
  • Reply 14 of 30
    entropysentropys Posts: 1,897member
    All I know is that there is a gargantuan nuclear fusion reactor in the sky bombarding all of us with radiation.
    Oh no, won’t someone think of the children?
    Clearly, we must do two things: introduce regulations to control its emissions; and sue God for creating such a dangerous nuclear reactor without EPA approvals. It’s like Xe has never heard of The Precautionary Principle.
  • Reply 15 of 30
    All cell phones should be banned... We’re all going to die.  We’re all going to die!

    Bring back rotary phones.  Save the planet!

    Save us lawyers.  SAVE US!!!

    Sorry... to much coffee.  It must have interfered with my common sense...
  • Reply 16 of 30
    Last study I read (some years ago) suggested that cell phone RF emissions may stimulate the brain. Media evidence suggests the opposite…
  • Reply 17 of 30
    entropysentropys Posts: 1,897member
    On a more serious note, if as Apple says the testing flawed, and that it retested its phones and found they were compliant with the regulation, the Chicago Tribune should be sued into oblivion. 
    If there is one thing I despise more than ambulance chasing lawyers, if that is possible, it is click bait chasing activist journalists.
    edited August 22
  • Reply 18 of 30
    Mike WuertheleMike Wuerthele Posts: 5,006administrator
    All cell phones should be banned... We’re all going to die.  We’re all going to die!

    Bring back rotary phones.  Save the planet!

    Save us lawyers.  SAVE US!!!

    Sorry... to much coffee.  It must have interfered with my common sense...
    The SAR from the speaker on a rotary phone while on a call is about 1 W/Kg.
    seanismorris
  • Reply 19 of 30
    Jmc12345Jmc12345 Posts: 1unconfirmed, member
    I am sure all the lawyers from that firm immediately discarded all their smartphones
  • Reply 20 of 30
    sirozhasirozha Posts: 618member
    All cell phones should be banned... We’re all going to die.  We’re all going to die!

    Bring back rotary phones.  Save the planet!

    Save us lawyers.  SAVE US!!!

    Sorry... to much coffee.  It must have interfered with my common sense...
    The most intelligent post EVER. 
    tstump
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