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Tue, 18 Nov 2008 Apple sued over hairline cracks iPhone's housing

Earlier lawsuit amended with an additional charge

Jim Dalrymple Macworld.com

A lawsuit filed against Apple and AT&T on 4 November 2008, charging misrepresentation of the 3G speed of the iPhone on AT&T's network, has been amended with an additional charge. The new charge claims the iPhone develops hairline cracks in the housing.

Filed in the United States District Court, Eastern District of New York, Avi Koschitzki claims in the amended charge that hairline cracks in the casing of the iPhone constitute unfair practices under the New York Deceptive Practices Act.

Koschitzki said the cracks appear around the camera and near the volume button on the side of the iPhone.

The initial lawsuit claims that Apple and AT&T misrepresented the speed of the iPhone on AT&T's 3G network. The suit claims insufficient infrastructure of the network and the fact that so many phones have been sold that it can't handle the volume of phones trying to use it.

"Due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage," reads the lawsuit.

The lawsuit is seeking a jury trial where they are asking for statutory, compensatory and punitive damages.

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Comments received


Grumpy Giraffe said on Tue, 18 Nov 2008

Oh look, another pathetic attempt to squeeze some money out of somebody with a nuisance lawsuit. Seriously, sometimes it really does seem like some people are only ever happy when they have reason to be unhappy...and they will keep on looking for as long it takes to find it. Grrr..

Grumpy Giraffe said on Tue, 18 Nov 2008

...take it back to where you got it and ask for it to be repaired/replaced under its one year warranty. Things break, there is always going to be one that got through the net and, of course, it can also depend on how you treat your possessions - phones, generally, don't like to be dropped, for instance. The price of such lawsuits is always going to be passed on to the consumer and people like this will be the first to complain when that happens!

Ascylto said on Tue, 18 Nov 2008

My 3G is just fine. I found a crack in the casing near the connector at the base. Truth to tell, it was probably me trying to force it into a dock connector which wasn't shaped to take the 3G iPhone. I took it back to my local Apple Store. They replaced it immediately and without question, even transferring all my stuff.
Result:
No lawsuit.
Happy (if slightly guilty) customer.
Such people give Americans a bad name. Where else would someone sue McDonalds for supplying coffee which was hot and not labelled as such. Makes them look stupid. But then again there's the Shrub!

DavidK said on Tue, 18 Nov 2008

Well, no one forced you to buy the iPhone. Take it back and buy an inferior device.

RealityCheck said on Tue, 18 Nov 2008

"Take it back and buy an inferior device." - if it cracks up that easy it is one of the most inferior devices available.

I don't agree with suing but a no-questions replacement for shoddy goods is fine.

You have to question the production if they cracking already.

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