While being the gold standard for wireless smartphones has its advantages, Apple Inc.’s iPhone and exclusive, domestic carrier partner AT&T Mobility may be evolving into a potential gold mine in the eyes of plaintiffs’ attorneys who continue to pile on one class-action lawsuit after another.
In the last eight days alone, Apple’s iPhone has been targeted in three new class-action suits and AT&T Mobility in two. The lawsuits essentially claim 3G iPhones are not well built and do not work as advertised on AT&T Mobility’s network.
Yes, trial lawyers appear to have the iPhone – and its two main corporate sponsors – squarely in their sights. It is the less glamorous side of the iconic wireless doodad that’s otherwise driving AT&T Mobility’s campaign to recapture the No. 1 spot from Verizon Wireless.
Lawsuits are nothing new to Apple and AT&T Mobility since the iPhone first debuted in Apple stores in June 2007 to fanfare unprecedented in the wireless industry. It is the sustained volume of iPhone-related litigation, though, that would seem to give both Apple and AT&T Mobility reason for concern.
“The 3G iPhones [both the 8 GB and 16 GB models] do not and cannot adequately perform due to the insufficient 3G bandwidths and AT&T infrastructure,” stated the Jan. 30 class-action lawsuit filed against Apple and AT&T Mobility in U.S. District Court for the Southern District of Florida. “Additionally, the iPhones have had well-known and documented issues regarding the premature ‘wear-and-tear’ of the iPhones’ housing, including the formation of hairline cracks in the iPhones’ casing. Defendants’ conduct constitutes unfair practices under Florida statutory and common law, including Florida consumer-protections statutes, negligent misrepresentation, unjust enrichment, and breach of express and implied warranties.”
The lawsuit, nor others filed in recent days, lacks a specific dollar amount in damages being sought.
A separate class-action lawsuit, filed Jan. 29 against Apple and AT&T Mobility in Texas federal court and involving the same law firm as the Florida complaint, makes nearly identical accusations.
“Due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage,” stated the Texas filing. The lawsuit added that firmware updates have not fully addressed problems such as crashes, ‘bricked handsets’, slower applications, virtual keyboard lags, Internet connection snafus and spotty call reception.
A Jan. 26 class action, lodged only against Apple in U.S. District Court for the Northern District of California, echoes iPhone user grievances asserted in the Florida and Texas lawsuits.
“Apple doesn’t comment on pending litigation,” stated Susan Lundgren, a spokeswoman for the Cupertino, Calif.-based company. Apple is without its CEO and spiritual leader, Steve Jobs, until at least late spring because of health problems.
Marty Richter, a spokesman for AT&T Mobility, said the carrier is reviewing the lawsuits and did not have a comment.
