Apple is receiving more than consumer backlash in support forums and negative press for the iPhone 3G issues — the company is getting sued.
On Wednesday, an Alabama woman filed suit against Apple. Her claims sound similar to what’s been reported widely in the media: receptivity issues, slow connections to AT&T’s 3G network, and dropped calls.
The plaintiff, Jessica Smith, is seeking class-action status that could let thousands of others join the fight. Smith wants Apple to repair or replace the new phone. She is also seeking unspecified damages.
Misleading Marketing Claims
The Birmingham resident is charging Apple with breach of express and implied warranty for what she has labeled the “Defective iPhone 3G.”
“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 claims, suggesting that Apple’s “Twice as Fast. Half the Price” slogan mislead consumer expectations.
“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 explained.
“The Defective iPhone 3G appeared to connect to the 3G standard and protocol less than 25 percent of the time. Additionally, Plaintiff experienced an inordinate amount of dropped calls,” the lawsuit continued.
Apple Scrambles To Find a Fix
Apple released a software fix Monday that was reportedly related to a chip inside Apple’s music-playing cell phone. But applications are still crashing. In fact, the update created new issues for some iPhone users even as others are wrestling with MobileMe foul-ups that make receiving e-mail on the handset sketchy.
It seems as though Smith isn’t willing to wait for another promised fix in September.
“Defendant expressly warranted that the Defective iPhone 3G would be ‘twice as fast’ and would otherwise perform…