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  1. Olidie's Avatar
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    Class action suit filed over iPhone 4 antenna | Circuit Breaker - CNET News

    Class action suit filed over iPhone 4 antenna
    by Erica Ogg


    Barely a week since the public got its hands on the iPhone 4, the first lawsuit over it has been filed.

    Filed in the U.S. District Court for the District of Maryland on behalf of Kevin McCaffrey, Linda Wrinn, and others on Wednesday, the suit accuses Apple and AT&T of knowingly distributing a phone with a malfunctioning antenna. The iPhone maker and its exclusive carrier partner in the U.S. are accused of a laundry list of infractions, including: general negligence, defect in design, manufacture, and assembly, breach of warranty, deceptive trade practices, intentional and negligent misrepresentation, and fraud by concealment.

    The class action suit is latching on to the reported issue some customers are having with signal loss when the iPhone 4 is gripped in a certain way. It's been suggested the problem is tied to the iPhone 4's design, which incorporates the cellular radio into the metal band running on the outside of the phone, right where most people put their hands when holding the device. However, it's still not clear if a software update to the phone would help with the issue. Apple has maintained that it's a problem common to any phone when held in that manner and suggested that customers buy a rubber case as a solution.

    The class action suit says: "Almost immediately after the purchase of their iPhone 4 devices, both McCaffrey and Wrinn began to experience significantly reduced reception and performance when handling the phones as demonstrated in Apple's advertisements or as a reasonable person would handle a mobile telephone while making phone calls, browsing the Internet, sending text messages, or utilizing other services provided by the iPhone 4."

    As evidence of Apple's mishandling of the situation they cite the internal memo that was leaked to the Web in which AppleCare representatives were coached not to provide warranty service to customers experiencing this problem. The plaintiffs were also not cheered by the news that when a reader wrote to Steve Jobs complaining that if he held the phone in a certain way he lost the signal, Jobs responded, "Just don't hold it that way."

    The suit is asking for monetary damages as compensation and that Apple and AT&T be prevented from selling similar iPhone 4's with defective antennas.

    Apple on Monday said it has sold 1.7 million iPhone 4 units worldwide through the first three days of sales.
    Last edited by olidie; 07/01/2010 at 03:46 PM. Reason: To include article in post.
  2. #2  
    dangggg lol
  3. #3  
    Yaawwwwwwnnnnn! Yet another frivolous lawsuit. Yippie more money for lawyers!
  4. #4  
    Lawsuit may be crap, but it certainly shows this reception issue is getting a lot of attention.
  5. #5  
    lets c how this lawsuit turns out.....
  6. #6  
    Quote Originally Posted by berdinkerdickle View Post
    Lawsuit may be crap, but it certainly shows this reception issue is getting a lot of attention.
    Yeah, I guess everyone's tired of Iraq, Afghanistan, or the millions of gallons spewing into the Gulf of Mexico. Intermittent phone reception, now THAT'S big news!
  7. #7  
    Quote Originally Posted by Kupe View Post
    Yeah, I guess everyone's tired of Iraq, Afghanistan, or the millions of gallons spewing into the Gulf of Mexico. Intermittent phone reception, now THAT'S big news!
    Yes, that's prolly what jobbs shoulda said instead of; 'people are holding it wrong'.

    Quote Originally Posted by jobbs
    Why are you pawns complaining about reception issues when Iraq, Afghanistan, or the millions of gallons spewing into the Gulf of Mexico should be your concern.
    Just call me Berd.
  8. #8  
    The sheep are suing Mother Apple? What is this world coming to?
  9. #9  
    Quote Originally Posted by netwrkr9 View Post
    The sheep are suing Mother Apple? What is this world coming to?
    It's a revolution.
  10. #10  
    AHAHHAHAHAHAHAAHA.....HAHAHAHAHAHAHAHAHAHA.


    LMAOOOO!!!


    "You too can be free from the Matrix...follow the white RABBIT, *not* the white leftover fruit"

  11. #11  
    Quote Originally Posted by netwrkr9 View Post
    The sheep are suing Mother Apple? What is this world coming to?
    You forgot the word "again."

    2007
    2008
    2009

    Just a small sampling. Like I said, yet another pointless lawsuit. Nobody wins these things except the lawyers.
  12. #12  
    That memo is pretty damning evidence they were aware of the issue and were willing to cover it up. I don't think this case is going away anytime soon. They'll probably end up having to settle.
    Sony Clie --> Tungsten t2 --> iPhone3g --> Palm Pre --> Droid
  13. allonon's Avatar
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    #13  
  14. #14  
    ^lol wow this just gets better and better.
    Sony Clie --> Tungsten t2 --> iPhone3g --> Palm Pre --> Droid
  15. #15  
    Amazing people don't get this. The external antenna was a concious design decision by Apple and not a design flaw. Of course they knew external factors like hands might impact the signal; and they enhanced their design accordingly. Is the design perfect? Of course not. That does not mean it's flawed.

    I can't see how a lawsuit claiming it's a flaw can succeed. I mean who determines what's flawed or not?

    If Apple made an explicit claim about the antenna that is untrue then there might be an opening for people to litigate. But Apple has made no such claims.
  16. #16  
    Why don't you all let a judge decide if it's a useless lawsuit? Fans of any company that really only cares about making money off people and nothing else(just about all of them these days) , really amaze me. Keep everything in perspective and realize that almost no company is above anything. And almost none of them care about customers. They only say they do for good PRPRPR.
    Last edited by The Phone Diva; 07/02/2010 at 01:23 PM.
    HP has officially ruined it's own platform and kicked webOS loyalists and early TouchPad adopters to the curb. You think after you drop it like a hot potato and mention it made no money and is costing you money, anyone else wants it??? Way to go HP!!

    And some people are fools to keep believing their hype. HP has shown they will throw webOS under the bus and people are still having faith in them??? News flash: if it's own company won't stand behind it, it's finished!
  17. #17  
    Quote Originally Posted by Really mobile View Post
    Amazing people don't get this. The external antenna was a concious design decision by Apple and not a design flaw. Of course they knew external factors like hands might impact the signal; and they enhanced their design accordingly. Is the design perfect? Of course not. That does not mean it's flawed.
    I don't agree with this. Why would Apple design a phone that can't be held in your left hand? Also, why did they just hire a few antenna engineers?
  18. ogeneo's Avatar
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    #18  
    What exactly are the damages? They have already stated that if you are not happy, you can return the phone for a full refund.
  19. #19  
    Quote Originally Posted by Garrett92C View Post
    I don't agree with this. Why would Apple design a phone that can't be held in your left hand? Also, why did they just hire a few antenna engineers?
    The phone can be held in your left hand.

    Re: hiring antenna engineers - that is called incremental improvement. No phone or design is perfect and so there's no reason for Apple (and other manufacturers) to stop pushing the state of the art. And so the current antenna design will be enhanced over time. Just like the original iPhone has been enhanced over time and the next Pre (if there's one) will be enhanced.
  20. urkel's Avatar
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    Quote Originally Posted by genearch View Post
    What exactly are the damages? They have already stated that if you are not happy, you can return the phone for a full refund.
    But how do you return a flawed and defective product that you don't even own?

    While the problem is legitimate for some iPhone owners, the ratio of affected users vs bitter apple-bashers is pretty high.
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