Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

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

By | July 1, 2010, 8:50am PDT

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.

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:

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Sam has been a technology and business blogger for more than 18 years.

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Sam Diaz

Sam has been a technology and business blogger, reporter and editor at ZDNet, the Washington Post, San Jose Mercury News and Fresno Bee for more than 18 years. He's a member of the National Association of Hispanic Journalists and a graduate of California State University, Fresno.

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RE: The Apple-AT&T class action suit should have come years ago
tomlin21-24319035676893835085146735905770 11th Oct
Great web page. A good deal nfl jersey of a must have information and facts and information proper right here. I am sending it to some shut acquaintances!
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Class Actions filed in 2009...
DefectLawyer 1st Jul 2010
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.
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Apple should have used Linux
Linux Geek 1st Jul 2010
@DefectLawyer
and a lot of the issues would have been solved by the community.
I agree.. no issues for me either. People just like to complain. I heart my iPhone 4
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
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...
@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!
@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 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.
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@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...
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@Doctor Demento 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.

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
@Doctor Demento
To all the Apple Fanbois of the world You, Like Dead Puppys, are no fun!
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

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

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.
@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.
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And AT&T's patchy cover area has nothing to do with antenna problem.
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It's not FUD, it's ARR
rtk 1st Jul 2010
@denisrs Anger, Resentment and Regret.
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@rtk

You should have also pointed out that it's "lose", not "loose".
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Good Call...
BubbaJones_ 1st Jul 2010
@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.
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@RicD

Since you asked for it:
"You beat me to the punch, [PERIOD, NOT COMMA] so many folks misspell [COMMA] or some would say missuse [COMMA] that word."

"Another up the page I see all too often is, OK, it should be "okay". OK is the abbreviation for Oklahoma."

Although spelling out okay, from the original okeh (African) is fine, making it the pseudo-acronym "OK is perfectly acceptable.
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:
"These postal abbreviations should only be used in mailing addresses."

"We all may make a mistake [COMMA] however, some mistakes show blatant stupidity. "
  • Flagged
@denisrs

On other phones, you drop 1, maybe 2 bars. On the iPhone, you drop 4 or 5. In addition, other phone manufacturers are smart enough to either put the antenna at the top, insulate it electronically from the user, or both. Only Apple is stupid enough to expose it electronically to the user, AND put it at the bottom. Duh!

But keep drinking the Kool-Aid though if it really that important to you...

EDIT: I'd like to also add... Other phone manufacturers also aren't as arrogant as Apple to go onstage and brag about the their new antenna design, only for it to be exposed later on as a pretty dumb design. Quite funny, really...
@Qbt

Good luck with frying your brain when you hold the phone with the antenna at the top, right next to your head.

Have you ever heard of a thing called SAR and the requirements of the FCC regarding SAR and the placement of cellphone antennae?
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There are videos showing that android
Snooki_smoosh_smoosh 2nd Jul 2010
@Qbt... based phones suffer from similar problems, especially when the phone is held at the bottom. (http://www.youtube.com/watch?v=eaDE941PzQk&feature=player_embedded)

Seems to me there are reports those who have no issues and those that do. If it is a design problem, then Apple will need to fix it, if it is a carrier problem, then it is ATT who needs to improve their service.

I can tell you this though, we have a cell tower just outside of where I work, and people have all kinds of issues inside the building, they step outside, the problem goes away. Many problems can be attributed to the way a building was designed, and the materials that were used to build it, and in that case there isn't much ATT or Apple, or any carrier/handset make can do. I have seen this problem is on a variety of devices, from a variety of carriers.
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@hill60
frgough Updated - 2nd Jul 2010
Yeah, I've heard about it, and it's more hysteria-driven garbage designed to let people boss other people around.

Microwave radiation does not carry enough energy to ionize atoms, so it's harmless that way, and any heating it causes is quickly carried away by this cool temperature regulation system your body has called blood.
@Qbt

Research, research...there are federal regulations for antenna placement, signal output, etc.

All antenna's attenuate when touched. Get over it people.
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except some are smarter
pupkin_z 1st Jul 2010
@denisrs ---- so,,,, the only reason iPhone4 sucks is because the back plate of the phone is made of metal. The other REAL cell phone manufacturers realized long time ago that the back plate has to be plastic. So.... for Apple engineers my advice would be "Go back to school and learn some physics"
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what?
banned from zdnet 2nd Jul 2010
@pupkin_z
man, the back is made of glass. clueless?
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better reception
banned from zdnet Updated - 1st Jul 2010
@ndegrasse
agreed. works with no problems at all.

and please sam the bs will never stop, will it?
the new design does improve the reception. by a wide margin.

if you want to read an actual piece of journalism, not some biased opinion post by a clueless, FUD spreading blogger have a look here:
http://www.anandtech.com/show/3794/the-iphone-4-review/2

lots of information, no bias (and no, it is not solely a praise for the iphone).
@banned from zdnet - Not sure how you expect to come to a blog and comment, but not want to hear what the blogger has to say, good, bad or indifferent. If you don't like what a blogger says, you really don't have to go to their site. Oh I know you just couldn't resist the urge huh!? Rightttttt!
@andrej770

Being that that is not what he said, what is your point, exactly? No one said anything about not wanting to read it. What was said was that accurate reporting is desired. That you champion the opposite is telling.

"If you don't like what a blogger says, you really don't have to go to their site."

Or you can go to the site and complain. Seems perfectly appropriate response to FUD.
@ndegrasse

Same here. Never really had many dropped calls with my 3G either but the 3G Speeds of the phone are noticeably faster. Doesn't seem to be a universal problem warranting a lawsuit. Sounds like a handful of upset people trying to make a buck and a bunch of bloggers capitalizing on that with this repeated dribble.
I'm more interested in the legal machinations that will occur as Apple and ATT do their best to stall this in court like all the other lawsuits filed against them...
@zenwalker
Update:
As of Thursday, at least four cases, all seeking class action status, have been filed so far in Delaware and California. All appear to be seeking punitive damages and an injunction against the continued manufacture and sale of the phones until the problem is fixed. (from Gizmodo)
PC magazine had a review this past week and found that the latest iPhone has better connectivity than any other iPhone, except for the known issue of 'holding it wrong' which I understand is fixable via a soon to be released firmware update.
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@veggiedude

I'd be really interested to know how a firmware update fixes a flawed hardware design. Will it magically move the antenna to the top? Will it magically grow an isulating layer over the antenna?
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No..
Wolfie2K3 1st Jul 2010
@Qbt
There'll be a means to detect when the user is holding the phone wrong (probably by noting a drop in the number of bars available) and it'll pop up a message saying something to the effect of "You're holding me wrong, stupid" and will have a graphic on how to hold the silly thing properly...
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The fix is even simpler than that
NonZealot 1st Jul 2010
They will simply always show 5 bars, all the time. Problem solved.
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some people have skin with a galvanic response such that they short the antenna when they grasp it. This may be fixable in software by tweaking frequency.

And, no, this does not affect everyone. Only that percent of the population with the proper skin chemistry. These are probably the same people that can't wear watches because they mess with the watch battery or the electronics (you know who you are).
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@Qbt
I find this feigned "interest" difficult to believe. First, your lack of even basic research before posting a response to replies to your uninformed comments indicates a rather marked absence of interest. Your other comments indicate a rather marked lack of physics knowledge. There are any number of ways to modulate a radio signal to increase broadcast strength past partial Faraday enclosures.
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all that will come out of this is that apple/att will give away free cases to fix the issue.

Proving the iphone is a peice of crap might be a little more difficult.
@ndegrasse

iPhones are awesome devices, but if you have a problem with the current model or AT&T?s service there are only another 5-10 equally good or better hardware options on other networks. Walk your butt back to the AT&T store and say, "Thanks, but no thanks." Don't retain counsel, morons.

Anyhow, check out this article about Jobs and the iPhone and the chain reaction that Job's statement created. Wicked funny and safe for work.

http://www.dailygoat.com/2010/06/steve-jobs-claims-iphone-works-great-rubber-band-tin-foil-metal-coat-hanger-coaxial-cable-ceos-inspired-candor/
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Funny,
Snooki_smoosh_smoosh 2nd Jul 2010
@BSimms... I like the way the woman in red is holding her iPhone. I wish I was that iPhone.
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Microsoft Just Issued A Press Release
cyberslammer 1st Jul 2010
To the thousands of users who have experienced red rings of death on our consoles since the 360 was launched in 2005, we have found the solution to the problem:

You're playing it wrong.
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Bott's Law invoked.
Hallowed are the Ori 1st Jul 2010
@cyberslammer

And aside from the fact that the article had nothing whatsoever to do with Microsoft, your post didn't even make any sense.
@James T. Kirk Come on Kirk...it's funny...

Apple says "you're holding it wrong"

Microsoft says "Your playing it wrong"...

Get it?
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Yes, we "get" it, except
Qbt 1st Jul 2010
@cyberslammer

Yes, we "get" it, except it is such a dumb and irrelevant remark, the part we don't "get" why anyone would make it in the first place.
@James T, Kirk, Qbt

Considering your posting track record, the remark is hardly irrelevant.
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Actually, that is a TERRIBLE analogy
NonZealot 1st Jul 2010
@cyberslammer
When there was a problem with the XBox, MS didn't respond with You're playing it wrong., they responded by extending the warranty on the XBox to 3 years and by reimbursing any repair costs that anyone had paid to get their consoles fixed before the announcement.

So while I understand you were trying to take a shot at MS with your comment, your strategy backfired big time!! All you did was highlight the difference between a company with good customer service (MS) and a company with bad customer service (Apple).
@NonZealot Yet Apple is routinely rated as #1 in customer satisfaction, MSFT #3411234234234312
@NonZealot
And your comment merely served to highlight both your ignorance about Apple's actual response, as well as highlighted MS' and Apple's respective customer service records.
Backfire indeed.

Cue the double standards
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RE: The Apple-AT&T class action suit should have come years ago
tomlin21-24319035676893835085146735905770 11th Oct
Great web page. A good deal nfl jersey of a must have information and facts and information proper right here. I am sending it to some shut acquaintances!

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