Second iPhone battery lawsuit filed

Second iPhone battery lawsuit filed

Summary: A second lawsuit relating to the iPhones non-user-replaceable battery has been filed.

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A second lawsuit relating to the iPhones non-user-replaceable battery has been filed.

This lawsuit was filed on Monday in U.S. District Court for the Northern District of California by Sydney Leung.  The suit seeks more than $5 million in compensatory and punitive damages.

Here's a distilled version of Leung's story; Leung buys two iPhone at $599 each the first day they were available, signed up for a two-year AT&T contract and he's now annoyed to find that he wasn't told that the battery wasn't user-replaceable and the replacement process is going to cost him extra dough.

Now, my personal opinion is that I find it hard to believe that anyone who was willing to pay $600 for a new cellphone and sign up for a contract didn't know that the iPhone shipped with a fixed battery - at the very least Leung should become a poster case for doing some research before buying something.  But what surprises me more that the fact that someone will pay $1,200 for two cellphones without checking out the spec is the fact Apple is getting a lot of flak for this when all iPod's have shipped with a fixed battery that's at best tricky to replace.  My guess is that the iPhone has penetrated a new segment of the market for Apple - a fickle market that's not all that brand-loyal - and tricks that Apple got up to with the iPod just don't wash for the iPhone.

I don't give these lawsuits much of a chance of success, but if Apple does start having to hand cash out to disgruntled customers I wouldn't be surprised to see thee things happening as a result:

  • Apple getting hit by iPod battery lawsuits
  • Apple investors getting nervous
  • iPhone MKII will have a removable battery

Thoughts?

Topics: Apple, Hardware, iPhone, Legal, Mobility

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20 comments
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  • Fourth and easier thing.

    Apple replaces the batteries for free.

    Ship in your iPhone or take it to an Apple store and they turn it around in 48 hours for nothing.

    I'd expect to see this before any of the lawsuits gain any traction.
    slopoke
    • But can anyone..

      name a phone manufacturer that gives you a free new battery?
      msalzberg
    • They do not replace it for Free

      Apple <b><u>DOES NOT</u></b> replace the battery in an iPhone for free.<br><br>

      Straight from the Apple web site:<br><br>

      <b>What is the iPhone Battery Replacement Program?</b><br><br>

      If your iPhone requires service only because the battery?s ability to hold an electrical charge has diminished, Apple will repair your iPhone for a service fee of $79, plus $6.95 shipping.
      k12IT
      • duh

        he wasn't saying apple does that now, he was suggesting that they should, or might do it.
        lostarchitect
  • Who's more stupid?

    Those who buy iPhones without doing enough research to find that the battery isn't "user replaceable"? Or...

    [i]Apple will repair your iPhone for a service fee of $79, plus $6.95 shipping.[/i}

    Or the ones who know of this fee and still buy one anyway? ;-)
    MGP2
    • ...or the people who think...

      that a cell phone manufacturer should give them a new battery for free?
      msalzberg
      • Why not give away free batteries?

        If the battery is easily replacable like most cell phones then the manufacturer is telling you that this is a consumable part and may need to be replaced. We're used to this. If the manufacturer seals the battery so it can't be replaced by the user aren't they stating that it won't need replacement during the normal life of the phone? If that's the case, why shouldn't they offer free replacement? If the battery is as good as they implicate then they will rarely have to make good on the free battery offer. It's good PR and costs very little. The only way the free battery would be an issue is if it does indeed need replacement often. If that's the case then the manufacturer is ripping you off by charging $79 instead of making it user replacable.
        slopoke
        • So any device carrying the label...

          'no user serviceable parts inside' should be fixed for free, no matter its age, or how
          its been treated?
          msalzberg
  • This is just silly!

    Apple built a product and made a design decision that the battery would not be user replaceable. They never hid that fact. There was plenty of news about the fact the battery was not replaceable before the iPhone ever launched. These lawsuits are completely ridiculous and should be thrown out the first time they come to court. Buyer beware!
    ShadeTree
  • Well I have been using Cell phones for years...

    and have never had to replace a battery. I do think Apple should have made the user replaceable, But that was their choice and they made it clear up front, and they have a 14 day return policy.
    This just someone trying to make money the easy way.
    mrlinux
    • yes

      in cases like this the "user IS replaceable" :) tho i bet you meant " apple should have
      made the battery user replaceable"

      as for batteries on cells... i have a cell that is 4+ years old and i charge it up every
      2-3 days. I havent needed to have a battery swap. Even if i had to i bet by time i need
      to replace it the battery will be equal in cost to a new phone, or having a phone with
      MORE capabilities
      richvball44
  • Replacement batteries are already available

    There was a news story about the first replacement battery a few
    weeks ago, About $30, if I recall correctly, and includes a small
    tool to open the case - just like with iPod replacement batteries.

    The change does require the ability to solder, which should be a
    no brainer for people that play inside computers, and I have no
    doubts that a lot of local PC repair shops will advertise that they
    change the battery out cheap - starting in about 2 years when
    some original batteries start holding too little of a charge for
    some people. Best part is that they will do it while you wait -
    probably for about $50.
    Ken_z
  • Twice as unintelligent

    People need to learn to take responsibility for their actions.

    Yay, American's lust for other people's money is getting sick.
    nucrash
  • "Caveat emptor". Oh dear, lawsuit screwed in two words..<NT>

    ...
    Scrat
  • Resistance

    Agreed the gent in question should have done his homework but the amount of noise he is generating might steer a few people away from buying such an expensive phone with a glaringly expensive maintenace regime/limited useful life. I DIDN'T buy an iPod partly due to the lack of a user replaceable battery.

    Either Apple falls in line with the rest of the phone world or the competition is going to have a significant advantage to those who do product research before they buy. Apple shareholders start getting nervous!
    DOSlover
  • The only thing

    That's really almost stopped me from buying my iPod was the inability to change the battery myself.

    In the end I said.. In 3-4 years will I really care if the battery is near death? By then I could probably get an iPod at double the hd for 100 bucks if not less. My 4 gig Nano will become the cheapest one in 2 years So really and by then I'll probably want another one.
    ju1ce
  • Stop rewarding Ignorance/Stupidity

    Will this country EVER forgo rewarding ignorance and/or stupidity? Class action lawsuits have some place in society, but for cases of corporate hubris, like exploding Pintos or Firestone tires. Same for individual lawsuits. But when YOU fail to exercise common sense or find out about something you're buying, why should YOU be rewarded with millions of dollars? If people would just wake up and STOP awarding some of these crazy amounts, we would ALL benefit. How about a "Common Sense Review Board" to look at the merits of lawsuits as they are filed? I don't think we really need to tie up courts with $56M lawsuits over lost pants.....
    bmgoodman
  • Iphone or iRip

    Iphone or iRip,
    Some 19 years ago Apple had a great idea called the Apple II GS. Like a fool I blew over 2000.00 on my first system less an HD and 3.5 inch floppy for my son. Little did I know it was dead out of the water. It was not easy to look into my son&#8217;s eyes as he kept asking me month after month when the new software was coming out that Apple and the developers promise in the IIGS magazine. Even back then the salesman told me after the fact that Apple was over priced for everything. I&#8217;m not saying that they do make a good computer they just no how to rip people better. That&#8217;s why I brought a Pc and have been happy ever since. I was just a stupid blue color worker who wanted his son to have a piece of this new world. iPhone or iRip) what a laugh. As for Sydney Leung and others where did you do your research? I new of no place for outside info back in the late 80&#8217;s. Oh by the way how much is in your wallet? I bet a lot more than my empty one. Why did you not wait for the bugs to be worked out Hmmm? It&#8217;s called jumping the gun.
    http://en.wikipedia.org/wiki/Apple_IIGS
    cwy332@...
  • it doesn't have to cost 80 bucks

    I don't know how people didn't expect this since the ipod batteries have always been hard to get to. There are options out there already though for the iphone, ipodjuice.com already has a <a href="http://www.ipodjuice.com/iphone-battery-replacement-products.htm">iPhone battery replacement program</a> for less money than apple's. I'll trust them with mine, they got me a new ipod mini battery a while back that I've been very happy with.
    laura1234
  • Apple designers are stupid

    Why oh why in a device that costs that much did the designers not put in a swappable battery. Does Apple not know what sort of a market they could have had selling extra batteries and chargers to charge them while outside the iPhone. I know people who are always on the go and don't want to drag along a charger for their phone. They keep a spare battery at home charing an exta one on there pocket and one in the phone. The phone is never plugged in to charge the flat batteries are simply swapped out to be charged at home later when the fresh battery is grabbed from the charger and popped in their pocket.
    NZJester