Apple, AT&T face lawsuit again regarding 3G speeds

Advertisement (Why?)

Yet another lawsuit is filed against Apple and AT&T claiming that the iPhone fails to live up to 3G speeds, and claims that the AT&T's infrastructure cannot handle the overwhelming 3G signal in comparison to the huge number of iPhones sold. A long list of problems which were not fixed or worsened by the iPhone's 2.0 & 2.1 software updates, cracks formed in the iPhone casing due to faulty manufacturing, are also mentioned in the complaint.

This is the second lawsuit filed this week against Apple among many others over the past several months. Apple and AT&T have already been sued in the past for similar reasons and for not maintaining a consistent 3G service.

The iPhone 3G television advertisements which exaggerated the speed of the iPhone 3G were banned after viewers complained that the ads were misleading. In response to one such suit Apple argued that no reasonable person would take the statements in iPhone 3G ads as fact. Besides a study carried out by Wired last year to test iPhone 3G speeds concluded that iPhone data speed problems have more to do with the carriers' networks than with Apple's handsets.

Similarly, when Blackberry Storm's bumpy start was questioned, RIM's Co-Chief Executive Jim Balsillie told that such bug fixes are now quite common as the devices become too complex to handle. If so, what about the frustrated customers buying these devices? Should they come up with an answer in the form of lawsuits?

#1 Sam Symons Live on 01 Feb 2009 - 22:54

Ah, Apple's lawyers must be richer than Apple themselves.

(7 replies) #2 LTD on 01 Feb 2009 - 23:02

$5 million in damages? Worst case scenario, pay it out and move on. However, that might set a bad precedent and encourage other similar lawsuits.

Either way, nothing to really be concerned about.

#2.1 +Kirkburn on 02 Feb 2009 - 00:06

LTD said,

Either way, nothing to really be concerned about.

Well, I sure love how you can be so blasÃ© whilst essentially admitting you think Apple is in the wrong.

#2.2 LTD on 02 Feb 2009 - 00:58

Kirkburn said,

whilst essentially admitting you think Apple is in the wrong.

I did no such thing.

#2.3 +Kirkburn on 02 Feb 2009 - 01:18

Then why are you seemingly suggesting Apple not fight it? I'm confused.

Do you think Apple is in the wrong or not? If yes, why are you not bothered? If no, why are you suggesting paying it?

#2.4 +vlsi0n on 02 Feb 2009 - 02:41

Darn right. I don't even have an iPhone and this makes me mad.

#2.5 roadwarrior on 02 Feb 2009 - 06:01

Then why are you seemingly suggesting Apple not fight it? I'm confused.

In cases like this, it is quite often cheaper to settle than to fight, even if you are right.

#2.6 dimithrak on 02 Feb 2009 - 16:32

some obsessed looser who probably didnt get any attention at AT&t when he bought his iPhone must be behind this

. I say fight get. Get that ****er bankrupt and then end of story. Apple would never let this go. hehe.. Im no apple fanboy, but i hate when lawsuites come on such as these.. its just some looser trying to make a quick buck!

#2.7 cyberdrone2000 on 02 Feb 2009 - 20:36

dimithrak said,

some obsessed looser ... its just some looser trying to make a quick buck!

looser than what? A rubber band? A Prostitute? A young gymnast? A freshly WD-40'd hinge?
Don't leave us hanging!

(4 replies) #3 Marshalus on 01 Feb 2009 - 23:05

I've never really had any serious problems, especially speed-wise with my iPhone 3G. When there are problems its network related, not specific to the phone, as my wife will have the problem on her Treo 750 as well.

#3.1 +Kirkburn on 02 Feb 2009 - 00:05

Marshalus said,

When there are problems its network related, not specific to the phone

Then what is AT&T if not a network?

#3.2 Marshalus on 02 Feb 2009 - 01:44

Well, I'm saying it's not Apple's fault if AT&T has a ****ty network.

#3.3 +dead.cell on 02 Feb 2009 - 02:15

You'd think Apple would actually test the network their product will run on, especially if it'll be exclusive to that network, no?

#3.4 mmck on 02 Feb 2009 - 17:56

Its Apple claiming the speeds. However if AT&T have promised Apple what Apple advertise then AT&T are breaching the contract and are in the wrong

(2 replies) #4 soLoredd on 02 Feb 2009 - 00:50

Someone needs to take AT&T to task. Forget Apple or RIM or Nokia or any of the phone manufacturers; AT&T gets away with this crap because nobody is singling them out.

#4.1 iamwhoiam on 02 Feb 2009 - 01:29

They need to be busted up, yet again. That aside...

If their infrastructure can't cope with the amount of users, as is the case with their broadband internet, then they're defrauding people by charging for a package that can't possibly be used as advertised.

#4.2 roadwarrior on 02 Feb 2009 - 06:03

iamwhoiam said,

then they're defrauding people by charging for a package that can't possibly be used as advertised.

AT&T does not advertise any specific speeds for their 3G network, and the term 3G covers a LOT of ground.

(2 replies) #5 Shadrack on 02 Feb 2009 - 02:52

Surely there is something in the end user license agreement that states that connection speeds will vary.

I'm all for improved connection speeds, but my enthusiasm for free markets makes me want to see one of the other carries compete more, bring faster service, and win over AT&T's customers. Unfortunately, the 2-year contracts make it difficult.

#5.1 Atlonite on 02 Feb 2009 - 03:38

yes 2yr contracts are a bit off. But if at&t are not living up to their end of the deal then they themselves have essentially broken the contract which should allow you an out if thats the case

#5.2 Shadrack on 02 Feb 2009 - 07:33

Atlonite said,

Oh, I absolutely agree.

#6 Cyborb on 02 Feb 2009 - 04:26

What about the HP laptops that are being heavily advertised with regards to 3G functionality? They don't get a lawsuit because they didn't have the commercial with a visual aid to help exaggerate the speeds?

#7 RealFduch on 02 Feb 2009 - 13:56

Waiting for lawsuits about Apple's "best in the world" notebook screen being worse (even after calibrating) than cheep netbooks' screens.

Not that I believe they'll ever be sued for these lies. Apple ~= Scientology.

Last edited by RealFduch on 02 Feb 2009 - 14:01

#8 Got3n™ on 02 Feb 2009 - 20:13

i would complain, but the ATT data network here in Texas isn't working... :-(

Commenting has either been disabled on this article or you are not logged in. Click here to login or register, its free!

Note: Anonymous commenting is disabled in order to keep the quality of responses to a high standard.

Neowin.net