Apple sued over hairline cracks in iPhone 3G

Apple sued over hairline cracks in iPhone 3G

Summary: Apple, meet lawsuit. Lawsuit, Apple.The company is facing another lawsuit, this time over the performance of its iPhone 3G on AT&T's network.

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Apple iPhone 3GApple, meet lawsuit. Lawsuit, Apple.

The company is facing another lawsuit, this time over the performance of its iPhone 3G on AT&T's network. But that's not the real news: what's notable are added allegations that Apple is ignoring the occurrence of hairline cracks in the handset's enclosure.

AppleInsider reports:

The 23-page suit, filed in a New York district court by Nassau County resident Avi Koschitzki, joins a chorus of complaints (1, 2, 3, 4) filed earlier this year, each of which charge the iPhone maker and its exclusive US wireless carrier AT&T with misrepresenting the performance of the new touchscreen handset by advertising it as "twice as fast" as its predecessor.

"Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold," Koschitzki's attorneys wrote.

Apparently, because the 3G network is so overloaded, it's common for iPhone users to get knocked down to the slower EDGE network after only a few minutes of 3G bliss - regardless one is in a geographical area saturated with 3G network coverage.

But the interesting part is the allegation that several hairline cracks form in the iPhone 3G's casing at or around the camera module. Some customers have even noticed cracks immediately upon opening their new iPhones' boxes for the first time, according to the suit.

"Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public," the document says.

Koschitzki is seeking class-action status on his suit, which names AT&T as a defendant.

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

Andrew Nusca

About Andrew Nusca

Andrew Nusca is a former writer-editor for ZDNet and contributor to CNET. During his tenure, he was the editor of SmartPlanet, ZDNet's sister site about innovation.

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38 comments
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  • If you HYPE .....

    you'd better be prepared to DELIVER!
    kd5auq
    • The HYPE

      is from the press, not Apple.
      frgough
      • or a combination of the two...... <nt>

        .
        Badgered
    • Real problem

      On reflection, the real problem is that someone would
      decide to sue a manufacturer over a problem they
      experienced with a product--and that a lawyer would take
      the case. We have lots of avenues consumers can and
      should take to solve such a problem without tying up our
      overloaded court system.

      Of course, it is all about the money--and they probably
      hope Apple would settle quickly to avoid "bad press" and
      they have seen enough similar cases to think it might
      work. Sad and pathetic, of course, but the cumulative
      effect is to add costs for manufacturers of all kinds, which
      they have to pass on, so consumers just pay more. At
      some point, the manufacturer can't compete with foreign
      products not encumbered with wasteful legal costs, and we
      all lose.

      I sure have no quick fix, but I think it is important to see
      and understand the problem.
      frabjous
  • Sounds like a drug dealer's advertisment

    Free crack with every iPhone. ]:)
    MGP2
    • I thought the iPhone <b>was</b> the crack... nt

      nt
      T1Oracle
  • Don't Know What They Are Talking About

    I have 3G whenever I'm in the area, and I don't get knocked off the network when I'm using 3G. I have had no issues with bandwidth and I certainly have had no issues with hairline cracks...maybe getting a protective cover for the IPhone and not using it as a hammer might prevent more cracks.

    I do agree about the power consumption, using 3G for long periods of time puts a heck of a strain on the battery.
    itanalyst2@...
    • re: Hairline cracks

      [i]maybe getting a protective cover for the IPhone and not using it as a hammer might prevent more cracks.[/i]

      Perhaps you glossed over this part?

      [i][b]Some customers have even noticed cracks immediately upon opening their new iPhones? boxes for the first time, according to the suit.[/b][/i]
      Badgered
      • Okay, By The Same Token

        People had red-rings of death on their XBox 360's at launch and it took Microsoft forever and a day to get their act together and admit something was wrong. (I was one of them)

        Your point is?
        itanalyst2@...
        • Point?

          And your point is?? What does the xbox flaw have to do with hairline cracks in the iphone or dropping to the lower edge speeds? And just because you dont have a hairline crack that means everyone else is lieing or abusing there phones? Get over yourself dude
          Stan57
        • So that's...

          ..your answer to an issue? Point out another, non-related issue, and divert attention from the matter at hand? Typical Apple Zealot, once someone points out the fly in your Kool-Aid you go attack Microsoft.
          Leeroy_Jenkins
          • BZZZT WRONG

            I'm not an Apple Zealot. Granted, I have an IPod and and IPhone, I spent the last five years using Palm OS devices and Windows Mobile devices, both had way more against them than I have found the IPhone, but it's not perfect either.

            My desktops/laptop are all running XP or Vista also.

            I am considering getting a Macbook though ;).
            itanalyst2@...
          • Yet here you are

            defending some of the iPhone's shortcomings by pointing out another, unrelated, product also has flaws.
            tikigawd
    • Guess you're just special. (nt)

      (nt)
      bjbrock
    • Why make excuses for Apple?

      [i] and not using it as a hammer might prevent more cracks.[/i]

      Who said anything to that effect?

      Apple makes a defective product, so let us accuse the owners of using it as a hammer?

      Is that why you can never get Windows to work?

      Well, hello: you actually have to turn the computer [b]ON[/b] at some point!
      GuidingLight
      • its the same...

        its the same as when the ipod nano first came out and it would get scratches all over it... I and other complained about it, and all anyone could tell us is.. "thats what you get for not taking care of it, or throwing it in your pocket with keys." People dont believe the problem much if they havent seen it, but really don't believe it when they have had the opposite experience.

        I think there might be some issues, where some have had problems, but i doubt its an overwhelming amount... mainly cuz all the ones ive seen, including my own have been fine with no similar problem.
        doh123
      • Stick A Zune In Your Pocket Without Protection

        Walk around for awhile with it in your pocket with your keys and stuff all day long.

        Take it out and look at it.

        Then get back to me.
        itanalyst2@...
        • Could you PLEASE stop trying to deflect (you are failing in an epic way!)

          Stop referring to Microsoft products to attempt to deflect the criticism away from Apple.

          The article talks about an Apple product. If you cannot stay on topic then please STOP POSTING RUBBISH.
          Scrat
          • he cannot

            because he cannot defend Apple on it's own merit. Neither can Apple and that is why they have to always talk about MS on their commercial instead of talking about their own product. Don't get me wrong. I find those commercial funny as heck but it's not making me want to go out and buy one.
            Yax_to_the_Max
        • In other words Apple crap is just as bad as MS crap?

          Then why buy either?

          I can't wait until the Storm comes and washes all this junk away...

          Of course if that cracks, it's not getting my money either. Why spend $200 USD on cracked plastic when I can crack plastic for less than $1 USD?

          Are you suggesting that Apple crack is somehow better? If so, is it smokable because that would explain somethings...
          T1Oracle