Skip to main content

News

Mon, 24 Nov 2008 $5 million lawsuit charges Apple with fraud over 3G speeds

US lawsuit charge Apple and AT&T, claims lack of 3G connectivity

Jim Dalrymple Macworld.com

  • Email to a friend
  • Print this article
  • Bookmark this page
  • RSS feed

A new lawsuit filed this week against Apple and AT&T charge the companies with a host of offenses related to the speed of the 3G network and the performance of the iPhone.

The lawsuit, brought by San Diego, California resident Peter Keller, and filed in the United States District Court, Southern District of California, accuses the two companies of Negligence, Breach of the Express Warranty and Implied Warranty of Merchantability, Fraud and Deceit, Negligent Misrepresentation, Unlawful Business Practices, and False and Misleading Advertising.

Keller says Apple markets the iPhone 3G because of its speed, but the phone and the network do not live up to the advertising that Apple and AT&T have given to it.

The lawsuit also says that users only experience 3G connectivity a fraction of the time.

"Consumers are unable to choose any other network or carrier when using their iPhone 3G," the lawsuit reads. "Through this joint agreement, Apple and AT&T have engaged in a collaborated scheme to deceive plaintiff and other consumers, since the iPhone 3G and AT&T 3G Network is faulty and rarely provides 3G connectivity to its customers."

The lawsuit seeks corrective labeling and advertising on the iPhone 3G, a constructive trust on all monies obtained by Apple and AT&T for the iPhone 3G, and punitive, compensatory and statutory damages.

This isn't the first lawsuit Apple and AT&T face over the speed of the 3G network. In August, an Alabama woman sued the companies for failing to deliver on the promise of fast speeds on the iPhone 3G.

Get four free Mac programs worth £82 and 40 free prints from Jessops with Macworld print magazine. On sale now! Click here for more information.

Email A Friend

Email this article to a friend or colleague:



PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

<<prev article | back to news index | next article>>

Question of the day!

Mark Hattersley
Editor in Chief

Do you use Adobe Photoshop with a Wacom tablet?

Question of the day!

Do you use Adobe Photoshop with a Wacom tablet?

% of Macworld readers agree with you

Yes
TBC
No
TBC

How does a Wacom tablet improve the Photoshop experience?

124 characters remaining

Follow the conversation at @TabletChat

paintings & illustrations, mostly, which i upload to flickr.RT @fragmentedm

I draw manga/anime characters. I also do graphic design and photography.RT @spialelo

Yes. I usually put them up on my #deviantart account for feedback on how to improve.RT @spialelo

Comments received


Andy said on Mon, 24 Nov 2008

Hope he wins and they unlock the 3G phone. I have an unlocked 1st gen iPhone and my folks have a locked 3G but can never get a 3g signal. Rubbish!

Trevor Green said on Mon, 24 Nov 2008

They have been bitten on false advertising before. I would say my 3G iPhone is average at best, defiantly not what it was hyped up to be.

timm said on Mon, 24 Nov 2008

Unlocking doesn't help, there are no other 3G networks at the same frequency as ATT in the US. All one can hope is better labeling.

Chris said on Tue, 25 Nov 2008

Also Unlimited data is not unlimited. 5gb is so little it is a rip off. No way can this be fair to it's customers at the price paid, compared to DSL or other competitive broadband. It is more fairly compared to dial up. This should be looked at as censorship do to it's implementations after the movie industry is crying.

Chris said on Tue, 25 Nov 2008

Also Unlimited data is not unlimited. 5gb is so little it is a rip off. No way can this be fair to it's customers at the price paid, compared to DSL or other competitive broadband. It is more fairly compared to dial up. This should be looked at as censorship do to it's implementations after the movie industry is crying.

Disclaimer
Opinions expressed here are those of the writers and do not reflect those of Macworld. Macworld accepts no responsibility legal or otherwise for their accuracy of content.
Click here to read the house rules.

Click here for the latest reader comments

Latest News


More news...