Apple hit with lawsuit over iPhone connection problems
Last Updated: Thursday, August 21, 2008 | 1:15 PM ET
CBC News
Apple's 3G iPhone has had a rocky launch because of various connection issues. (Jason DeCrow/Associated Press)An Alabama woman has filed a lawsuit against Apple Inc. over connection troubles with her iPhone 3G, the latest episode in the woes swirling around the device.
In a 10-page complaint filed with the U.S. District Court for Northern Alabama, Birmingham resident Jessica Alena Smith claims that Apple is guilty of breach of express and implied warranty, and with unjust enrichment. She also says the company is guilty of misleading advertising, and she is seeking class-action status.
"Defendant intended for customers to believe its statements and representations about the defective iPhone 3Gs, and to trust that the device was 'twice as fast at half the price,' " the lawsuit says.
Apple has not yet responded to the action.
Smith says her iPhone suddenly switches between AT&T's fast 3G cellphone network and its slower Edge network even when it is stationary, indicating a serious technical problem. The iPhone also experiences slow connections despite being in areas where 3G networks are plentiful, she says.
"Immediately after purchase, plaintiff soon noticed that her internet connection, receipt and sending of e-mail, text messages and other data transfers were slower than expected and advertised," the lawsuit states.
Last week, an engineering magazine in Sweden reported that a number of the new iPhones, released on July 11, were well below 3G network standards.
Apple acknowledged the glitches earlier this week with a software update released on Monday that is designed to implement "bug fixes."
In her lawsuit, Smith demands Apple repair or replace all defective devices and pay unspecified damages, interest and attorney fees.
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