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Woman sues Apple, claims false iPhone advertising

A Birmingham, Alabama, woman has sued Apple, claiming its television advertisements about the iPhone 3G being twice as fast as its predecessor are false. She also claims her handset is defective.

The woman, Jessica Smith, is seeking class-action status for her suit.

According to The Birmingham News, Smith's iPhone connects most often to the slower, older EDGE network, and not the 3G network that the advertisements claim.

Apple has a policy of not commenting on pending litigation, but Apple is, as Macworld puts it, "repeatedly sued" over a variety of complaints.

[Via Macworld.]



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A Birmingham, Alabama, woman has sued Apple, claiming its television advertisements about the iPhone 3G being twice as fast as its...
 

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Bones3D

This is exactly why it helps to be as vague as possible when trying to quantify a product's improvement over another product. Apple's mistake here is making the claim that the iPhone *is* "twice as fast" and not "up to twice as fast". (Though it is somewhat implied in the nearly-illegible disclaimer text on the bottom of the screen in these ads.)

Given that I've personally seen defendants lose in court over the word "essentially" appearing in contracts where they meant to the terms to be definitive in nature, I don't see why the opposite claim shouldn't work where a contract was "too definitive" where it should have allowed flexibility in the terms.

It'll all come down to money in the end, but her chance here could well be as high as 50/50.

August 25 2008 at 9:00 AM Report abuse rate up rate down Reply
Catt

My 2 cents... if you buy a product and it is not working for you take it back before the return policy/warranty expires. Its obvious that this lady has a lot of money and time to blow... My first GEN iPhone died less than a month after I had it (didn't drop it, didn't hack it) I called Apple they sent me another one the next day and I'm still using the same unit today. Sounds like something is wrong with her unit I'm wondering why she just didn't take it back to the store.

August 22 2008 at 8:20 PM Report abuse rate up rate down Reply
sjkhuth

The REAL reason for the 3G suckiness are all the tiny scratches on the plastik back that distort the signal. Didn't consider that, Apple, did ya...

August 22 2008 at 4:08 PM Report abuse rate up rate down Reply
1 reply to sjkhuth's comment
Andrew Wood

Do you have proof?
Real proof, not 'I scratched my iphone and now my signal is worse'.

August 23 2008 at 8:39 AM Report abuse rate up rate down Reply
Fozzy Bear

as I type... 1.34 Mbps 6.94x faster than EDGE... Case dismissed.

August 22 2008 at 3:52 PM Report abuse rate up rate down Reply
1 reply to Fozzy Bear's comment
Fozzy Bear

oh, and before someone says something dumb... I live in a county SW of Richmond, VA. Not exactly a roaring metropolis.

August 22 2008 at 4:15 PM Report abuse rate up rate down Reply
Rick

goodness, this of course happens the DAY before i move to Birmingham. sheeze, what am i doing?

August 22 2008 at 3:12 PM Report abuse rate up rate down Reply
Aron Trimble

First of all, I love Apple as a company and happily own many of their products as well as a few shares of stock.

However, I have to say this woman has a valid complaint regarding this commercial... On a perfectly clear day with neither building nor tree in sight it takes SEVERAL seconds for the GPS to locate me. Also, my 3G speeds have never even approached what is displayed on that commercial. Hell, my Wi-Fi speeds aren't even that good sitting next to the router hooked up to a T1!

I understand it's just a phone and that in many ways it is superior to the first generation iPhone. And while I was in line to buy the phone long before I saw that commercial - I do think the commercial is EXTREMELY misleading to people who are on the fence.

Lastly, I think it is kind of sad that so many people are writing the woman off as some "dumb bitch" - how dare you hide behind the internet and speak about someone that way! I am really curious to see what Macworld's nation-wide speed test experiment comes out with. Hopefully it will shut the mouths of many Apple apologists...

Aron T
http://aroncares.com

August 22 2008 at 2:42 PM Report abuse rate up rate down Reply
1 reply to Aron Trimble's comment
.Trashes

Ya know, GPS is infinitely faster on the iPhone 3G.

August 24 2008 at 5:19 PM Report abuse rate up rate down Reply
jonny appleseed

Sue?! Wtf is wrong with people? If you don't like it, get something else. Honda didn't tell me my 'black' car looks a little blue in the light, bastards! False advertising! I will sue Honda!

Lady, Can I interest you in a hot McDonald's coffee? Come to the drive-thru to get it

August 22 2008 at 2:33 PM Report abuse rate up rate down Reply
1 reply to jonny appleseed's comment
Jon Hendry

"Lady, Can I interest you in a hot McDonald's coffee? Come to the drive-thru to get it"

That case was actually justifiable. The woman needed skin grafts due to the burns.

I assure you, if you needed skin grafts on your dangly bits because you were served ridiculously hot coffee at the drive-thru, you'd sue for as much as you could get too.

August 22 2008 at 9:52 PM Report abuse rate up rate down Reply
85alex

OR the real answer isn't a lawsuit...if enough people don't find the iPhone works as described (claiming 2x as fast), here is a solution Apple WILL listen to....

DON'T BUY IT...

I realize it's different after you've bought it, but you have 14 days to return it consequence free. If find Apple's product doesn't work, buy a RIM or Nokia device...Apple will listen and fix things when you hit them in teh pocketbook...

Having said that, I've had no problems with mine...

August 22 2008 at 2:18 PM Report abuse rate up rate down Reply
Jon

Not sure a lawsuit is the answer, but someone needs to force apple to speak to it's customers! There is obviously a very large group of people experiencing poor performance on their newly purchased iPhone 3G's.
It's not right for apple to go silent on this. They need to fess up and let people know what the issue is, and when they hope to have it fixed.
I don't expect them to have a magic wand and fix everything on day one, but they need to keep us informed.
As it is right now, we have no clue if our iPhones will be fixed EVER. For all we know, apple could not care less since they already got our money.

Apple needs to step up here and show it's customers they care.

August 22 2008 at 2:00 PM Report abuse rate up rate down Reply
1 reply to Jon's comment
Andrew Wood

But there's nothing wrong with her iPhone! Read the article - she's complaining because there's no 3G coverage in her area.

And update your iPhone to 2.0.2 to improve your problem (which is not the same as hers, and not the reason for this ridiculous lawsuit).

August 23 2008 at 8:33 AM Report abuse rate up rate down Reply
Jon

Not sure a lawsuit is the answer, but someone needs to force apple to speak to it's customers! There is obviously a very large group of people experiencing poor performance on their newly purchased iPhone 3G's.
It's not right for apple to go silent on this. They need to fess up and let people know what the issue is, and when they hope to have it fixed.
I don't expect them to have a magic wand and fix everything on day one, but they need to keep us informed.
As it is right now, we have no clue if our iPhones will be fixed EVER. For all we know, apple could not care less since they already got our money.

Apple needs to step up here and show it's customers they care.

August 22 2008 at 1:59 PM Report abuse rate up rate down Reply
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