iPhone or iCan't?Apple Hit With 3G iPhone Lawsuit Law Suit Comes as Customers Nationwide Complain About Dropped Calls and Slow Data Speed Problems.
Amid growing criticism from 3G iPhone customers, a class action complaint was filed against Apple Tuesday in U.S. District Court in Alabama.
The lawsuit alleges that despite aggressive marketing that the 3G iPhone is "twice as fast for half the price," the much-hyped smartphone is actually much slower than advertised and prone to dropping calls.
"Apple sold these devices on the promise that they were twice as fast as the pre-existing phones and that they would function suitably, or properly, on the 3G network. But, thus far, Apple and the phone have failed to deliver on this promise," Jonathan Kudulis, an attorney with Birmingham, Ala.-based Trimmier Law Firm, told ABCNEWS.com. Trimmier is the firm representing the Ala.-based plaintiff, Jessica Alena Smith.
But Kudulis says, because the complaint was only filed yesterday, Apple has not yet been officially served with the lawsuit.
Apple does not comment on pending litigation, a company spokeswoman said.
This is not the first time the California-based company has had to defend itself against class action lawsuits brought by dissatisfied customers.
Following the release of its first-generation iPhone, in 2007, Apple was hit with class action suits filed in Illinois and California because of its reported short battery life. The suit filed in California was ultimately withdrawn. The Illinois case is still pending. Apple has moved to dismiss the case but the judge has not yet issued a ruling.
In 2005, Apple compensated some owners of first- and second-generation iPods with $50 of in-store credit or $25 cash to settle yet another class-action suit over the issue of batteries in an earlier edition of the iPod.
Earlier this week, as customers complaints ran rampant, Apple released a software update for the 3G iPhone on iTunes.
Source: ABC News
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