Filed under: Hardware, iPhone, App Store
Another day, another lawsuit
A Northern California man is not happy with his iPhone. AppleInsider reports that Jason Medway thinks his iPhone performs poorly, and believes Apple advertising is tricking people into purchases the device can't live up to.Medway, through his attorney, is seeking US $5 million dollars in damages. The suit argues that, because of Apple's misrepresentations, "thousands of customers who purchased Apple's iPhone 3G and accompanying 3G service from AT&T have experienced broken promises regarding the phone's transmission speeds."
This is not the first lawsuit over the 3G iPhone. The legal fireworks began last August with a suit claiming the iPhone performance was not up to par. That suit, was followed by other legal claims complaining about performance, download speeds, and badly written programs available at the App Store.
Last year, Wired magazine commissioned an independent study that found most of the speed related problems on the iPhone had to do with networks, and not the iPhone hardware.
Apple has not commented on any of these lawsuits, other than in a brief legal response in a similar lawsuit in September. Apple seemed to imply that people should not believe everything they hear or see in ads. Apple's attorneys said "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."
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Reader Comments (Page 1 of 2)
Dave said 6:36PM on 1-29-2009
"... no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."
I love it. In other words, no one could be so stupid as to believe everything they see and hear.
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Ryan Trevisol said 9:18PM on 1-29-2009
More like "Nobody in their right mind would be stupid enough to believe what we said."
Danny Goodman said 6:37PM on 1-29-2009
And I'm going to sue Apple because my left hand NEVER stays completely still like the disembodied one they show in their iPhone ads. I've tried to match the ads for a year-and-a-half, and it's impossible. The phone jiggles whenever I tap, flick, or stretch on the screen. False advertising pure and simple.
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miel* said 6:43PM on 1-29-2009
hahahahaha.
this lawsuit is ridiculous.
Foreigner said 2:46PM on 1-30-2009
These is another reason why americans should not be trusted, obviously I'm referring to the intelectually disabled person that suede apple for such nonsense.
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Neil said 6:54PM on 1-29-2009
Apple's advertising is ridiculous. First they throw out ads which are ridiculously accelerated and have multiple steps removed, then they admit to it.
The problem is that in the adverts the product is being demonstrated - if someone attempts to recreate the advert using their own device it simply is not possible.
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Quix said 2:39AM on 1-30-2009
Yes Neil, and that flattened mess of bread, meat, and sauce they throw me looks nothing like the Big Mac I see in the ads on TV.
I SMELL LAWSUIT!!!!
Good grief, does the Nanny State really need to tell us that products on TV commercials are enhanced to their ideal state, and their real-world use may not be accurately represented in a 30 SECOND ad? Or can we use our brains and decipher that for ourselves?
lanejasper69 said 7:10PM on 1-29-2009
I hope he wins personally!! Look at the ATT ads, I've NEVER seen an iPhone or ANY device that loads as fast as they make it appear!!!
I had a iPhone, then I graduated to the big boys and got a Bold!
LMAO, Flame-on FanBoys!!
I CARE!
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Quix said 2:40AM on 1-30-2009
Enjoy the thumb ball navigation, lane. Smell the Nineties!
Zm said 8:49PM on 1-29-2009
I have an iPhone, have had it since July 2008, and I think it's plenty fast. Of course, faster is better, but it is easily the fastest phone I have ever owned, both with software and on the Internet over 3G. In fact, I am typing this comment on my iPhone 3G and it's fast and easy. I agree that the commercials are accelerated, but most of those thing you can do just as or almost as fast.
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required said 7:22PM on 1-29-2009
iProduct in iAds not actual iProduct only serving suggestion. We use iPaint instead of milk because it is whiter. Good day, that will be $5.95 for the iService call. Next?
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Brofamus said 7:24PM on 1-29-2009
@lanejasper69
Why is it graduating to get a Blackberry Bold? I'm not asking that rhetorically, I just hear it a lot and I don't think that it's any much better, but only a question of preference, as are all smart phones.
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Jorge said 7:33PM on 1-29-2009
Why aren't these people going after the carrier? Nokia, Apple, Motorola are at the mercy of the network providers. Never had an issue with 3G, works better than advertised, mind you we get up to 6 Mbps. Me thinks ATT and your other providers need to invest.
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required said 7:47PM on 1-29-2009
Apple specified the carrier and made them a requirement.
Amon said 7:40PM on 1-29-2009
Maybe you could sue them for not delivering on promises like PNS! And promoting iPhone as a smartphone:)
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required said 7:49PM on 1-29-2009
Does the have merit? I mean I'm nearly certain the ads have a disclaimer. Don't they?
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steve said 8:13PM on 1-29-2009
This is just a case of someone looking for a pay day, they haven't really been hurt by apple...and if they have it is to the tune of a few hundred dollars for the cost of the phone and the service, not the 5 million. Plus it's a commercial! you can't sue e-trade because your baby doesn't talk when you give him your BB.
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j said 8:18PM on 1-29-2009
This is actually good... we need to police advertising as it's done in UK and Europe. You cannot outright lie in your ads.
Greg Locke said 9:12PM on 1-29-2009
This individual should have their head examined as they clearly do not belong with the general public. GROW THE F&*% UP! Get rid of the phone. Better yet, try a Blackberry!
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steve said 8:58PM on 1-29-2009
FIVE MILLION DOLLARS?? This country is screwed if people continue to think like this. AT&T gives you 15 days (IIRC) to try thing out when you switch to them. If you don't like it, bring it back no questions asked.
What an idiot and an idiot lawyer - they're just looking to make some coin.
Oh and j - The Federal Trade Commission investigates truth-in-advertising complaints and levies fines and other consequences through the courts. Anyone can go file a complaint at ftc.gov
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