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AT&T revives unlimited data plans for DirecTV & U-verse TV subscribers
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Lawyer filing class action case against Apple called "manifestly incompetent" by federal judge
AppleInsider said:A class action lawsuit claiming that AppleCare service plans were a "fraudulent and unlawful scheme" has been rejected by U.S. District Judge William Orrick, who portrayed the case as a contrived invention "for the purpose of initiating this lawsuit."
The English v. Apple case, originally filed in 2013 in Galveston, Texas, revolved around AppleCare Plus extended service plans purchased by three plaintiffs who complained that they were given refurbished iPhones after complaining about an original purchase, according to a report by Joe Mullin of Ars Technica
However, two of the three plaintiffs, Patricia Adkins and Jennifer Galindo, were colleagues of Renee Kennedy, the lawyer who filed the lawsuit attorney who filed the case.
The third, Fabrienne English, got involved in the suit after being contacted while shopping, and ultimately "purchased or otherwise obtained" a dozen iPhones between February 2013 and March 2015.
The attorney filing the suit "repeatedly contacted Apple regarding the camera in the replacement device," and "repeatedly asked to be provided with a new iPhone in an Apple-branded box."
The AppleCare agreement offers "like-new" replacement for covered devices. Apple says its furnishes new or refurbished units, "equivalent to new in performance and reliability." Replacements are provided in a plain box, which the attorney called misleading.
The replacement phone English complained about was actually a new model, according to Apple's records.
The judge rejected the case's class action status, noting that the attorney's ongoing relationship with the plaintiffs and involvement in their purchase of AppleCare "strongly indicates" that the entire "dubious" case was an invented lawsuit conducted in a "manifestly incompetent manner," rather than a matter of actual aggrieved parties filing as part of a class action.
The judge added that Kennedy's "total lack of experience with class action litigation, and her pervasive failure to comply with basic federal and local rules and with my standing orders throughout the course of this litigation, further undermine English's request for class certification."
Without class action status, the case is unlikely to continue much longer, as the maximum damages that could be claimed would be negligible, even if the plaintiffs won their case revolving around brand new replacement iPhones supplied in a printed box. -
Samsung warns it will have a tough year in 2016
Who cares! The copycat had its day and took advantage of it. Now that they can't really copy anymore suddenly they have nothing and sales are dropping.
They couldn't even make there own OS work and have had to stick with the 99% malware driven Android which is another reason there sales are dropping like dead flies. -
Arkansas Sen. Tom Cotton says Apple's Tim Cook 'omitted critical facts' in encryption stance
AppleInsider said:In a statement issued on Monday, U.S. Senator Tom Cotton, a Republican from Arkansas, criticized Tim Cook for his defense of strong encryption during a 60 Minutes interview, claiming that the Apple CEO had "omitted critical facts."
"As a society, we don't allow phone companies to design their systems to avoid lawful, court-ordered searches," Cotton said in the statement. "If we apply a different legal standard to companies like Apple, Google, and Facebook, we can expect them to become the preferred messaging services of child pornographers, drug traffickers, and terrorists alike -- which neither these companies nor law enforcement want."
During the 60 Minutes piece, Cook argued against government-mandated backdoors in encryption. The executive maintained a long-held position that if Apple coded deliberate holes for U.S. law enforcement and spy agencies, those holes could also be exploited by malicious hackers, including governments wanting to use the Internet against their own citizens.
Apple and other corporations have come under increasing fire from U.S. government officials concerned they will no longer be able to intercept communications from criminals or terrorists. The encryption present in iOS 8 and 9, for instance, is so strong that Apple says it can't break it, even when served with a warrant.
One of the most vocal critics of Apple's policy has been FBI director James Comey. His efforts suffered a setback when the Obama administration decided not to force decryption, although during an October hearing, Comey said that talks with corporations had become "increasingly productive" and less venomous.