The Apple-AT&T class action suit should have come years ago

The Apple-AT&T class action suit should have come years ago

Summary: A class action suit has been filed against AT&T and Apple for knowingly selling phones that have antenna and reception issues - a problem that's hardly new for these two companies and one that should have been the subject of a lawsuit years ago.

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Apparently, a couple of iPhone 4 owners in Maryland weren't very receptive to the "just avoid holding it that way" advice from Steve Jobs about how to deal with a problematic antenna that drops calls when the device is held a certain way.

They've taken Apple and AT&T to court and, via class action status for the suit, they've invited all of the other iPhone 4 owners to join in. The allegation: knowingly selling phones with a defective antenna design.

Here's the ironic thing: this new antenna design - which looks like a band around the side of the new iPhone - was actually supposed to help improve reception, something that AT&T had failed to do in three years of selling the iPhone.

Which brings me to my thoughts about this suit against Apple and AT&T. Why did it take so long for an iPhone owner to drag these two companies into court? After all, reception has consistently been bad on the iPhone in some regions for as long as the two have been selling it. I suppose I could have dragged them to court myself when I was one of those disgruntled iPhone owners who suffered from poor iPhone reception in the San Francisco Bay Area. But instead, I chose to return my device and move on.

Both Apple and AT&T have both recognized in the past that connectivity and reception problems continued to plague users in some regions - and yet, they kept selling the iPhone in those regions. Where were the lawyers then?

Now that I think about it, the problem isn't that Apple and AT&T are knowingly selling phones with reception problems. The bigger problem is that consumers keep buying them - knowing full well that the AT&T's service ranks as the worst in some areas.

In that sense, iPhone owners whose calls get dropped only have themselves to blame.

See also:

Topics: iPhone, Apple, Smartphones, AT&T

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  • Class Actions filed in 2009...

    A large number of class action lawsuits were filed against Apple and AT&T in 2009. The lawsuits are proceeding in San Jose federal court under the title, In Re: Apple iPhone 3G Products Liability Litigation, Case Number: 5:09-md-02045-JW. In the most recent filing it looked like AT&T was trying to delay or stay the lawsuits for some reason.
    DefectLawyer
    • Apple should have used Linux

      @DefectLawyer
      and a lot of the issues would have been solved by the community.
      Linux Geek
  • RE: The Apple-AT&T class action suit should have come years ago

    I agree.. no issues for me either. People just like to complain. I heart my iPhone 4
    nattyp
  • RE: The Apple-AT&T class action suit should have come years ago

    I've been with AT&T for years and years and I have had my AT&T in more than 30 different states, including many of the alleged 'problem areas' with bad coverage, and I have been there with phones by Motorola, Nokia, Samsung and Blackberry, and yet I can count the number of dropped calls I have experienced in my entire time as an AT&T customers (calls which were actually the fault of poor network connection rather than me just screwing up and hanging up by accident) on one hand, and every single one of them was indoors, where of course cell coverage is not likely to be good due to factors outside the control of the carrier.

    The iPhone 4 antenna debacle has only reinforced somethng I have suspected for years: the iPhone 'dropped call' problem is not the fault of the network, it's the bloody phone. I have sat next to someone with an iPhone who got zero bars, while my Nokia got full bars.

    But Apple fans will never admit that an Apple product might have flaws of any kind, so any problems they have they immediately blame on someone other than Apple.
    Doctor Demento
    • RE: The Apple-AT&T class action suit should have come years ago

      @Doctor Demento
      I agree.
      I carry an Epix with me when I travel as I will almost always be able to connect with it when my 3GS drops...

      sad...
      rhonin
    • RE: The Apple-AT&T class action suit should have come years ago

      @Doctor Demento

      Some people need to open their eyes and realize they are sheeple wearing blinders. They are willing to ignore MAJOR faults to say they own an iphone.

      It's like a bad fashion trend!
      SmokinBiz
    • Agreed. I often get 5 bars, yet can't make/receive a call!!??

      @Doctor Demento

      I often get 5 bars on my iPhone 3GS, yet I cannot make or receive calls. And this is not particular to my iPhone. Everyone else I work with that has an iPhone has the same problem. It is area specific for sure, but it seems to affect iPhones much more than other phones - even other phones using AT&T does not have the same issues in this area.

      I am definitely dumping my iPhone as soon as my contract runs out. I'm just tired of having an i"Phone" that is more "i" than "Phone". I have never had a phone in my life that has such horrible call quality/dropped calls/missed calls/failed calls. It really is amazing how people would give Apple/AT&T a free ride in this regard. The apologizing by apple fanboys for this horrible service is just a disgrace. Even though I have an iPhone, I have not dunked my head into the Kool-Aid well, and in fact, I am now looking for the best way to get out of using it. Apparently, complaining to AT&T about not actually getting the service I'm paying for is not a valid excuse to get out of the contract. Makes sense I guess: Why would they willingly lose money if they can get away with not providing their part of the contract? If there is ever a class action lawsuit related to not getting the service we pay for when using an iPhone, count me in (is there one? Did I miss it...?)!
      Qbt
      • RE: The Apple-AT&T class action suit should have come years ago

        @Qbt I thought they give you like 30 days to test it out so that if it doesnt work in your area you can return it.
        ericthegreat23
      • RE: The Apple-AT&T class action suit should have come years ago

        @Qbt actually part of the contract is that they have to be able to provide you service, if you arent getting they are breaching the contract. if you truly want to get out of it, call the customer care, and get up the chain as high as you can, then if they say they are going to make you pay to get out, tell them thats fine that they will be hearing from your lawyer, once you say that they will forgive the contract fee, because it will cost them more to take it to court than it would to just let you go as a customer...
        nickdangerthirdi@...
    • RE: The Apple-AT&T class action suit should have come years ago

      @Doctor Demento [b]But Apple fans will never admit that an Apple product might have flaws of any kind, so any problems they have they immediately blame on someone other than Apple. [/b]

      Some will defend Apple to the grave - I personally have very few issues with my iPhone 3G and reception was never an issue... doesn't mean there aren't any but the anti-iPhone trolls want to blow things out of proportion. I have YET to see any hard facts on just how many iPhone 4 devices were actually affected by the antenna issue - have you? I'm not saying it's impossible, I'm sayign that thus far there is not a lot of proof other than a few possibly defective devices, some sue-happy lawyers, and the media blowing the issue all out of proportion
      athynz
    • RE: The Apple-AT&T class action suit should have come years ago

      @Doctor Demento
      To all the Apple Fanbois of the world You, Like Dead Puppys, are no fun!
      AboveAverageJoe
  • RE: The Apple-AT&T class action suit should have come years ago

    Stupid, frivolous, law suits like this one need to end. The law firm and the morons that filed it should have to pay me back when Apple charges more for their products and AT&T charges more for it's service! Who holds the phone like a damn gorilla to talk on it in the first place. I have had much better reception with this vs. the 3G and Apple says they have a fix. I guess these litigious dorks couldn't wait to see it that really works before they thought it was a good idea to drag this into court. This crap has got to stop!!
    NaturalSelection
    • RE: The Apple-AT&T class action suit should have come years ago

      @NaturalSelection

      I disagree. I work hard for my money, and expect what is promised at the time of purchase. Just like with car recalls, if it is not a major safety issue, they try to ignore it, yet consumers suffer, until they ban together with a class-action to make the seller provide what was originally promised.
      SmokinBiz
      • RE: The Apple-AT&T class action suit should have come years ago

        @SmokinBiz

        read you service agreement.

        @NaturalSelection
        I agree. They are all still within their 30 day exchange window. How stupid is that!
        If I were the judge I would order them to take their phones back and then place an injunction on them restricting them from ever owning an iPhone or using ATT.
        JC123456789
    • RE: The Apple-AT&T class action suit should have come years ago

      @NaturalSelection I couldn't agree more. My i4 works great. Can I 'gorilla hand' and drop the bars? Yeah, but I actually have to hold the phone in a death grip intentionally, and I have big mitts. Does Apple make mistakes? The CEO is named Jobs, not God. They make a quality product which they back up better than all other consumer electronics companies (JD POwers). As for AT&T they publish maps of their coverage! If you live in South Dakota fifty miles out of Fargo you're probably going to want Verizon (for the life of me the Verizon map completely covers both Dakotas and all two thousand people living there, what's up with that?). I live in Indianapolis and travel to Chicago, Kentucky and upstate New York and the only spot I have ever not had service was in a valley in the midst of National Forests in PA, and then only briefly.
      Frivolous lawsuits indeed. Oh, and Sam, this isn't Apple's first 'class action' suit. Any successful company with deep pockets has them all the time.
      dheady@...
  • ***stop the FUD***: all phones loose signal when held

    <b>And AT&T's patchy cover area has nothing to do with antenna problem.</b>
    DDERSSS
    • It's not FUD, it's ARR

      @denisrs Anger, Resentment and Regret.
      rtk
      • RE: The Apple-AT&T class action suit should have come years ago

        @rtk

        You should have also pointed out that it's "lose", not "loose".
        Hallowed are the Ori
      • Good Call...

        @James T Kirk
        You beat me to the punch, so many folks misspell or some would say missuse that word. Another up the page I see all too often is, OK, it should be "okay". OK is the abbreviation for Oklahoma.

        Before someone yells "Grammar Police...", take a look at resumes HR receives. Spelling, grammar and, punctuation are horrible.

        We all may make a mistake however, some mistakes show blatant stupidity. Oh, do not get me started on anxious and eager, few and less.
        BubbaJones_
      • RE: The Apple-AT&T class action suit should have come years ago

        @RicD<br><br>Since you asked for it:<br>"You beat me to the punch, [PERIOD, NOT COMMA] so many folks misspell [COMMA] or some would say missuse [COMMA] that word."<br><br>"Another up the page I see all too often is, OK, it should be "okay". OK is the abbreviation for Oklahoma."<br><br>Although spelling out okay, from the original okeh (African) is fine, making it the pseudo-acronym "OK is perfectly acceptable.<br>Note: "OK" is NOT an abbreviation for Oklahoma. It is not a standard abbreviation for anything. The abbreviation for Oklahoma is Okla.. OK is the postal abbrev. code. These codes were created in 1963. According to the post office:<br>"These postal abbreviations should only be used in mailing addresses."<br><br>"We all may make a mistake [COMMA] however, some mistakes show blatant stupidity. "
        SpiritusInMachina