AT&T, Apple sued over iPhone 4 antenna issue

There is no restocking fee on iPhones!!! What is their loss?

Plus you have 30 days to return them, even though the receipt says 14, because it is a cell phone and Apple honors AT&T's 30 day policy.

I bought an iPhone 4 knowing that some suffered from antenna issues. Why? Because I know how to properly hold a phone. The plaintiffs argue that Apple sold them a product "which drops calls and data service when held in a manner consistent with normal wireless phone use."

What defines "normal wireless phone use" anyways? I'm sure that there's a legal difference between "normal" and "proper" anyways. Gripping the phone like a WiiMote is great for playing games, but not the right way to talk. I use my phone left handed and hold it towards the top, with the mouthpiece angled out. Guess what? No reception issues for me. My only problem is when I'm holding it in my hand like a WiiMote and trying to fiddle around with some app. I see a slight decrease in strength, by maybe one or two bars.

In my opinion, this case won't stand up long in court. Key factor is that they opened the case during the return period. All the courts will care about is that they had the option to return the "defective" iPhones, despite the 10% restocking fee. If they chose to not do this, then they were accepting any issues that the product had. Also, if they have enough money to hire a lawyer, how can they justify the "large penalties" being prohibitive to returning the phone? Another factor is that they would have to show proof of all four iPhones being affected. And finally, they would have to prove that the reception issues weren't caused by other factors. At the best, it could be the start of a class-action lawsuit, resulting in the few thousand plaintiffs receiving $30 checks - just enough to buy a bumper.

So the lesson that should be learned here is that the 100 something dollars spent on restocking fees is much less than the wads of cash they'll be paying in lawyer and court fees.

Really??? You buy something, it is supposed work as advertised. Yes dropped calls are going to happen with cells phones. But the iPhone is marketed and sold as a Phone, granted it does everything else well, as a phone, lets face it not so much.

They should give a discount for bluetooth earpiece

I was reading about WWII and Nazi misconduct on wikipedia - but wait - that was on the web.

I guess the holocaust was fake then by that logic. Good job - but don't make that logic leap in Europe - you'll be arrested for being a denier.

Godwin for the win!

(and yes Gizmodo must be getting karma in buckets, no updates on their cornholing, and lots of hater-stories - must be getting interesting in NY and Chen's house)

Not surprised to see another bullshit lawsuit from the US. If you buy that you are not happy with you return it. If there is a restocking fee you pay it, or ask for it to be waved. Nobody owes you anything! I am tired of people that buy something that does not meet their expectations and thing that somebody owes them something rather than returning it.

I guess the answer is to go back to having an antenna sticking out of the phone. Remember the one you used to pull out with your teeth?

Read the post.

Antennas are sensitive - duh. Suers act like they've never heard a radio change its reception when a hand touch the antenna. Apple will launch new industry for folks making covers. But (hint to sue-happy) some people need them, some don't, fuhgeddabodit.

Surely there are laws that say that if you believe you have a defective unit, it's covered by a replace or refund guarantee without incurring any re-stock fees?

Consumer protection laws in the UK (and the EU?) are pretty much in favour of the consumer.

Does this apply in the US? Canada?