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Apple sued over iPhone 3G
Author: Gareth HalfacreePublished: 22nd August 2008
Steve will be disappointed to hear that at least one user is questioning whether the iPhone is twice as fast for half the price.
BetaNews reports that a displeased purchaser of Apple's latest 3G iPhone, Jessica Alena Smith, has filed a class action suit in Southern Alabama against the company, alleging that the wunderphone doesn't live up to the “twice as fast for half the price” marketing spiel.
The complaint states, rather strongly, that “the release for consumption of the Defective iPhone 3G was preceded and followed by an aggressive marketing campaign, which included radio, television, and paper advertisements. One could barely turn on the television without hearing that the new iPhone 3G was 'twice as fast for half the price.'” So far, so accurate – well, apart from the whole 'Defective' thing, but we'll assume that's a spot of hyperbole.
Smith purchased said device, and was shocked to discover that the connection to the Internet was, in point of fact, not twice as fast as the original iPhone. While it was lovely and nippy when connected to the 3G network, “the Defective iPhone 3G appeared to connect to the 3G standard and protocol less than 25% of the time.”
There has been a lot written on the 'net about the iPhone 3G's seeming inability to keep hold of a decent 3G connection, a problem which the providers are keen to place firmly on Apple's doorstep. Indeed, improvements in the firmware designed to improve said reception are already in the pipeline – a tacit admission that something has gone wrong.
Whether a glitch that prevents it operating at peak efficiency could be described as a 'Defect' – especially a glitch which is being sorted out by Apple engineers even as I write – is something for the courts to decide. Smith is hoping that she – and other members of the class represented by the suit – will be awarded “damages, restitution, and other relief” and that Apple will be made to sort out the connection problems its flagship 'phone seems to be experiencing.
Any 3G owners here who have been disappointed with the performance boost from an original model, or is Smith just out to make a fast buck from a company with famously deep pockets? Share your thoughts over in the forums.
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Comments (19)
I hate pointless lawsuits.
I wonder if anyone has sued a company because their porn didn't make them happy in the pants.
With all that said I've not realy had any 3G problems with mine at all, though I could just be one of the lucky few.
Hope this helped some of you guys,
many thanks, ParaHelix.org
peace
fatman
Apps crash on startup and close again to the home screen, even safari web pages close when they struggle to open to the home screen.
Also I never use to have call failures or that much problems with the signal but the 3g networks signal strength has dropped immensley and iv had 3-4 dropped calls since the update.
It has bugs and they do need to be addressed. I hope this suit will kick them into action.
but in UK, where there is no EDGE, it seems 3G iphone is a better buy with contracts. but without contracts, even at £200, original iPhone 8GB is a fantastic buy compared to the £400 3G iPhone 8GB.
Mate's iPhone fails to get 3G where we live yet my N73 and N80 pick it up just fine *shrug*
[In UK]
typical 'I'll sue you for causing me a minor inconvenience' bullsh*t. she should be kicked in the ass
and apple. well, I just hate the b@stards, so they can all get a collective kick in the ass too.
case closed. stop being whiny little sh**s and stop selling over priced crap in white and making douche bag fanboys.
You would think that they would have a clause in their contract that stipulates that things may not always be that fast. Such as the " online play blah blah blah "
Will they actually win the lawsuit? No, apple has deeper pockets.
If you bought a car and the airbag, turnsignal, breaks, GPS, stereo, whatever only worked 25% of the time-- you'd sue.
If you bought a toaster, microwave, George Foreman Grill and it only work 25% of the time or cooked 25% of the time-- you'd sue.
If you bought an Xbox, PS3 and could only connect to their online services 25% of the time-- well, I don't know if you'd sue, but you'd be bloody well pissed off.
So, this phone can't use a basic comment that it was shipped with 75% of the time. That's a pretty big deal. And while we can argue left and right that she should have gotten a real phone, instead of getting some child of iPod + Phone breed-- That really isn't the point. The point, even when you strip "what the marketing said" away-- The product just doesn't work. Forget "as advertised". Forget "Twice as fast/Half the price."-- It just doesn't connect to the 3G 3/4 the time.
So you may hate fanboys and fangirls, you may hate pointless lawsuits, and you may hate iThis and iThat, but that doesn't mean her case isn't without merit. And that doesn't mean that Apple should get a free pass on this. I think everyone is so polarized by Apple (good or bad) that they just can't see this for what it is: A customer lodging a complaint against a defective product that has had a while to be fixed. Or acknowledged and compensated for.
QFT
Just got an iPhone at great cost (second contract basically because O2 are mugs and wouldn't let me upgrade even though I was happy to pay more per month and sign up to an extra 18 months when I only had 9 to go), and VERY disappointed to find I have yet to connect on 3G....
1. Log on, wait a sec, then get a frightened look on your face and scream "Oh my God! They've found me!" and bolt.
2. Laugh uncontrollably for about 3 minutes. Then suddenly stop and look suspiciously at everyone who looks at you.
3. When your computer is turned off, complain to the monitor on duty that you can't get the damn thing to work. After it has been turned on, wait 5 minutes, turn it off again, and repeat the process.
4. Type frantically, often stopping to look at the person next to you evilly.
5. Before anyone else is in the lab, connect each computer to different screen than the one it's set up with.
6. Write a program that plays the "Smurfs" theme song and play it at the highest volume possible over & over again.
7. Work normally for a while. Suddenly look amazingly startled by something on the screen and crawl underneath the desk.
8. Ask the person next to you if they know how to tap into top-secret Pentagon files.
9. Use Interactive Send to make passes at people you don't know.
10. Make a small ritual sacrifice to the computer before you turn it on.
11. Bring a chainsaw, but don't use it. If anyone asks why you have it, say "Just in case..." mysteriously.
12. Light candles in a pentagram around your terminal before starting.
13. Every time you press Return and there is processing time required, pray "Ohpleaseohpleaseohpleaseohplease," and scream "YES!" when it finishes.
14. "DISK FIGHT!!!"
15. Put a straw in your mouth and put your hands in your pockets. Type by hitting the keys with the straw.
16. Try to stick a Nintendo cartridge into the 3 1/2" disc drive. When it doesn't work, get the supervisor.
17. Print out the complete works of Shakespeare, then when its all done (two days later) say that all you wanted was one line.
18. If you have long hair, take a typing break, look for split ends, cut them and deposit them on your neighbor's keyboard as you leave.
19. Put a large, gold-framed portrait of the British Royal Family on your desk and loudly proclaim that it inspires you.
20. Take the keyboard and sit under the computer. Type up your paper like this. Then go to the lab supervisor and complain about the bad working conditions.
21. Bring some dry ice. Make it look like your computer is smoking.
22. Attempt to eat your computer's mouse.
23. Bring in a bunch of magnets and have fun.
24. When doing calculations, pull out an abacus and say that sometimes the old ways are best.
25. Play Pong for hours on the most powerful computer in the lab.
26. Keep looking at invisible bugs and trying to swat them.
27. Bring a small tape player with a tape of really absurd sound effects. Pretend it's the computer and look really lost.
28. Pull out a pencil. Start writing on the screen. Complain that the lead doesn't work.
29. Run into the computer lab, shout "Armageddon is here!!!!!", then calmly sit down and begin to type.