Class action suit filed over Apple's 3G speed claims

Class action suit filed over Apple's 3G speed claims

Summary: A class action suit has been filed by a Birmingham Alabama woman that accuses Apple of deceptive advertising in their claim that the 3G iPhone is "twice as fast" as the previous model. AppleInsider has more details.

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A class action suit has been filed by a Birmingham Alabama woman that accuses Apple of deceptive advertising in their claim that the 3G iPhone is "twice as fast" as the previous model. AppleInsider has more details.

Always referring to the device as the "Defective iPhone 3G," Smith and her legal team assert that e-mail, text, and most other downloads were considerably slower than what Apple promised. This in no small part stemmed from the reliability of the connection: the device would connect to 3G less than a quarter of the time to 3G even in areas AT&T says should provide "excellent" coverage, according to the lawsuit.

I've previously mentioned my problems with the lack of AT&T 3G coverage in my area when their online coverage viewer says it should be "excellent." However, Since AT&T installed a new tower in my area earlier this month, 3G and GSM reception has been appreciably better. For example, I can now receive phone calls in my house. Obviously, your mileage will vary.

But why Apple? Shouldn't the suit be directed to AT&T who is providing such poor 3G coverage and support even where "coverage" exists? What about iPhone 3G customers that don't live in 3G coverage areas that are forced to pay an extra $10/mo to receive the same 2G/EDGE service they had with the original iPhone?

Thoughts on the suit? Does it have any merit?

Topics: AT&T, Apple, Hardware, iPhone, Mobility, Networking, Wi-Fi

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15 comments
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  • When will they learn?

    I blame the bozos that buy Apple products. Proprietary, over-hyped, over-priced, mediocre (but beautifully designed) products that are marketed in very creative ways. There is a sucker born every minute. Just ask all the 3G iPhone users.
    jpr75_z
    • Yawn

      So, do you feel better now, or are you still bitter that you can't
      afford an iPhone, and no girl wants to go up to your apartment to
      see how cool it is when your Nokia syncs with your Dell.
      frgough
  • Another patriot sucking America dry (nt)

    (nt)
    croberts
  • Who made the claim?

    Was it Apple or AT&T that made the speed claim? Whoever made the claim should be the target of the "false advertising" suit.

    Since Apple is so vocal with its claims of "just working", shouldn't Apple be at least partly responsible for its products not working as advertised? Doesn't Apple insist on having control over all aspects of its products, even to dictating what can and can't be installed on them? That level of control draws equivalent responsibility.

    Carl Rapson
    rapson
  • RE: Class action suit filed over Apple's 3G speed claims

    you are lucky india does not have 3 G service (as spectrum is not allocated) and people have to buy a 3 G phone best part is the cost is USD 712 for the 8GB model and even then you are restricted to a service provider(the customs duty is only 5%) and there are no phone producers in INdia.Atleast At& T is subsidising the cost of the device.Apple going the microsoft way ?....
  • RE: Class action suit filed over Apple's 3G speed claims

    LOL sucks to be Apple! This egg on their face ever since the iPhone 2.0 came out has been hurting them something terrible. Remember all the people lined up to get one? How this was going to be THE PHONE to get? LOL!! I'll stick with my current phone which has 3g for years and actually works as advertised. With all of Apple's recent failures I'm convinced I'll never get an iPhone now.
    Loverock Davidson
  • RE: Class action suit filed over Apple's 3G speed claims

    [i]But why Apple? Shouldn?t the suit be directed to AT&T who is providing such poor 3G coverage and support even where ?coverage? exists?[/i]

    I would think they'd list both in the suit.. but I'm no lawyer.

    Besides, wasn't the problem with an infineon chip in the iPhone? If so, that wouldn't be on AT&T's shoulders.
    Badgered
  • RE: Class action suit filed over Apple's 3G speed claims

    I'm sure that when she signed up for service there was a line in the
    contract that stated something to the effect of 'service up to such
    and such speed'. As for myself, odds are that my WiFi speed varies
    and that it only achieves the full rated bandwidth from time to time.
    And while I can appreciate her frustration with this; this suit smacks
    of the USA's 'let sue' mentality. Simply put I don't buy first
    generation products, not cars, not stereo equipment, not phones. A
    year in a product is often way better in usability and Apple isn't
    immune to that either. And before you say the 3G iphone isn't first
    gen, it most certainly is, it shares no components with the first
    phone so in essence it's a completely new device.
    Win3.1
    • actually

      What you really should be looking for is the: 3G speeds where available line... I'm sure it was included in the contract. If not, Oops. Poor Apple.

      The most they could sue for would then be false advertising since, as far as I recall, no mention of 3G networks not being universally available was made in apple's advertising. and this would, I think, be a fine payable to the US government.
      isulzer
      • AT&T at fault

        Apple didn't say that 3G was universally available but that
        their new phones had twice as fast downloads in optimum 3G
        (which is true if you trust the 3rd party benchmarks). It's
        AT&T that's ripping everyone off at $10/Mo for 3G service
        and $5/mo for the 200 SMS we had with our gen one
        iPhones. As Jason indicates, he finally got 3G around his
        house even though AT&T has been saying for months that 3G
        coverage existed completely in his area.
        kennmsr
    • Huh?

      It sounds like you're saying that if a product is a first-generation product, even though I think you have to stretch really hard to say the 3G fits that category, that a manufacturer should be freed of any obligation to meet any of its advertising claims?

      Sounds to me like this lady is simply saying that, putting aside any BS about what generation the phone is, the product should do what it's advertised to do. If it falls horribly short, the manufacturer should offer some sort of compensation or fix.
      buzzl
  • What do you mean why Apple?

    Apple is the one with commercials that state something like 'twice as fast at half the price'. AT&T isn't the one making those claims, Apple is.

    Obviously mileage will vary, but I'm glad someone is punching back at the hype machine in Cupertino.

    Pat
    omdguy
  • RE: Class action suit filed over Apple's 3G speed claims

    Give me a break, another useless lawsuit. I say to the lady if you dont like it go back to telegraph
    mmddfal1312
    • Anything goes?

      Then you'd be okay with GM claiming the Hummer got 50 mpg on the highway? [fine print: provided the highway had a 15 degree decline and the vehicle was not in gear.]

      And, if you didn't like it, you could hitch up your mule to it.
      Lunatic59
  • No 3G, but every Ad. shows 3G

    I've had 3G with my iPone for about 2% of the time I've owned it and paid four $ figures for the used on it? It is not here but I have to pay for it. I'm sure they can calculate a fair price for when I actually go into a 3G coverage area. My town doesn't have 3G while Verizon has 3G here. I'm tired of watching my friend's Verizon kick my iPhone's butt. AT&T sure likes my money, but doesn't give me the feature they always advertise. Class action for all of us without 3G coverage who are paying for it will happen!!!
    boameister@...