Yet another iPhone 3G lawsuit filed against Apple, AT&T

Posted by Dennis Sellers Apple ico Sep 23, 2008 at 8:11am

imageAnother day, another lawsuit. A new lawsuit, filed yesterday in the Eastern District of New York, knocks the the iPhone 3G as prone to physical defects and slams the AT&T network for lacking the bandwidth to support the ad claims for the communications device.

The filing seeks class action status. The lawsuit says that the iPhone 3G mobile phones “have had well-known and documented issues regarding premature ‘wear-and-tear’ of the iPhone’s housing, including the formation of hairline cracks in the iPhone’s casing.” It further alleges that “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 [AT&T] and Apple have sold.”

The lawsuit charges Apple and AT&T with breach of warranty, unjust enrichment, negligent and intentional misrepresentation, and violation of New York State business laws.

This is—if I’m counting correctly—the third lawsuit directly involving the iPhone 3G.
In August a lawsuit was filed against Apple over what the plaintiff is referring to as the “defective iPhone 3G,” which she hopes will become a class-action complaint. Alabama resident Jessica Alena Smith filed the complaint, alleging that the new iPhone’s 3G performance and reliability has been unacceptable.

Earlier this month in another lawsuit, a New Jersey man sued Apple and AT&T over charges that the iPhone 3G drops calls and doesn’t consistently connect to AT&T’s data network. Eulardi Tanseco, who submitted his lawsuit to U.S. District Court in New Jersey, accuses both companies of breaking the state’s consumer antifraud law, as well as violating other warranty, breach-of-contract and fraud statutes.

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Dennis Sellers

Dennis has been a newspaper editor/reporter (seven years) and teacher (seven years). He has over 10,000 magazine, newspaper and online articles to his credit.  He has also covered the Mac and tech industries for over a decade for such online publications as MacCentral, MacMinute and now MacsimumNews.

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