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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A Northern California man is not happy with his iPhone. AppleInsider reports that Jason Medway thinks his iPhone performs poorly, and...
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Another interesting case has happened just recently with one Russian guy. He bought a new Iphone right before Christmas holidays and when to Norway for 5 days with his family. Roaming worked great and he used google maps many times and surfed the net. After he got back he got a bill from the phone company for 500,000 rubles (about $14,000 in current rate) for five days. This sounds to me a bit bigger damage. The guys is quite naive if he decided to use the iphone in roaming.
January 30 2009 at 3:28 PM Report abuse Permalink rate up rate down ReplyIt's the same old story.
Most people outside the US have become to reliant on the State to wipe their ass they've completely stopped thinking for themselves. Now we see many Americans are doing that as well. Truly sad.
And $5mil in damages? BS. Refund the money the guy has spent, maybe a few hundred bucks, and cancel his contract. Those are his actual damages. That our courts would even consider such a lawsuit is the very problem. We need tort reform.
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?
I spent $200 on a phone. It ain't not as fast as on the TeeVee. Gimme $5 million.
Five effin' million???
Given that ATT is the only US iPhone service provider, he has no choice but to suffer from their crappy network and system. Apple should not make those performance promises if their anointed service partner can't back them up.
Baaa baaa Mac Sheep have you any Bull? Yes sir, yes sir 3G full.
:-P
someone should tell him to try any other pda or smart phone out there, i bet he will change his tune pretty fast.
January 29 2009 at 9:09 PM Report abuse Permalink rate up rate down ReplyJesus......why can't we just put idiots like this on an island and let them fight it out amongst themselves. People like this shouldn't be allowed in the general population.
January 29 2009 at 9:06 PM Report abuse Permalink rate up rate down ReplyFIVE 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
Make that 30 days. This is absolutely ridiculous.
January 29 2009 at 9:52 PM Report abuse Permalink rate up rate down ReplyThis 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!
January 29 2009 at 8:55 PM Report abuse Permalink rate up rate down ReplyThis 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.
January 29 2009 at 8:13 PM Report abuse Permalink rate up rate down ReplyThis is actually good... we need to police advertising as it's done in UK and Europe. You cannot outright lie in your ads.
January 29 2009 at 8:16 PM Report abuse Permalink rate up rate down ReplyHot Apps on TUAW
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