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Apple facing class-action lawsuit over iPhone 3G

#1
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8/21/08 at 3:28pm
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Apple facing class-action lawsuit over iPhone 3G

Newsbrief by Ricky Cadden on Thursday August 21, 2008.

 

Apple is now facing a class-action lawsuit based on claims that the company is engaging in false advertising and profiting from a defective product. The lawsuit was filed by Jessica Alena Smith of Alabama and alleges that Apple's marketing claim that the iPhone 3G is "twice as fast" as the original is misleading.

 

Smith, like other iPhone 3G owners, is experiencing incessant reception issues, including dropped calls and the cell phone's inability to continuously use AT&T's 3G network. Recent updates to the iPhone 3G's firmware seem to have made things worse for some customers, though Apple's Steve Jobs has promised a fix is coming in September. [via: Boy Genius Report]

 

 

It was bound to happen. While all the Apple fanboys will sit back and be patient, the same can't be said for the average consumer, who expects top notch service when they put out that much cash. I doubt anything will come of this, cause I'm sure Apple has some pretty good lawyers.

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#2
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8/21/08 at 4:34pm
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Quote:
Originally Posted by xxfury2xx:

 I doubt anything will come of this, cause I'm sure Apple has some pretty good lawyers.

 

Do you think they'll even end up pulling the ads?

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#3
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8/21/08 at 5:15pm
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Quote:
Originally Posted by stins:
Quote:
Originally Posted by xxfury2xx:

 I doubt anything will come of this, cause I'm sure Apple has some pretty good lawyers.

 

Do you think they'll even end up pulling the ads?

 

I suppose they could do that. But I'm sure that Apple lawyers could spin it and just say that the 3G technology is in fact twice as fast, and that the problem somehow lies with AT&T and their network, or lackthereof.

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#4
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8/22/08 at 7:31am
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You know, outside of the reception problems, when you run an ad campaign based on "Twice as fast. Half the price." your asking for problems, even with all the diehard fanboys that tend to look the other way with glitches to their new toy.

 

It will be interesting to see how this one pans out. Maybe if i'm lucky, they will lower the price on the plans and i can join the fanboy club:)

 

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#5
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8/22/08 at 7:55am
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What a cluster(you know what) the release of the 3G iPhone has been. I'm guessing that they were more interested in keeping the phone secret than having it run properly so there was never any kind of beta period to work out the kinks. Hopefully Apple will learn from this with their next installment of this phone.

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#6
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8/22/08 at 10:05am
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Quote:
Originally Posted by shivers316:

What a cluster(you know what) the release of the 3G iPhone has been. I'm guessing that they were more interested in keeping the phone secret than having it run properly so there was never any kind of beta period to work out the kinks. Hopefully Apple will learn from this with their next installment of this phone.

I think its more that they rushed it to completion. The first one they had two years to work on and it has less functionality; this one they had a year to work on and it had to integrate with the new App Store, all the Mobile Me stuff, be able to run apps, etc. The rest of that stuff was all rushed too... I mean, look at what a debacle the Mobile Me rollout has been.

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#7
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8/27/08 at 10:40am
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Hah...well...just to update this thread a little.

 

It doesn't really have to do with the whole "twice as fast" ad claim.  But another ad in the UK was pulled.

 

'Misleading' U.K. iPhone Ad Pulled


Viewers complained that they couldn't access "all parts of the Internet" due to the lack of Flash and Java support on the handset.

The U.K.'s Advertising Standards Authority has banned an iPhone ad because the agency said the claim that the handset can access "all parts of the Internet" is misleading due to the lack of Flash and Java support.

The commercial in question shows a person using the touch screen to flick through various Web pages.


"You never know which part of the Internet you'll need," A voiceover in the ad said. "The 'do you need sun cream' part? The 'what's the quickest way to the airport' part? The 'what about an ocean view room' part? Or the 'can you really afford this' part? Which is why all the parts of the Internet are on the iPhone."


Two viewers complained that the ads were misleading because the handset does not have Flash or Java support, which are integral to popular sites like YouTube.


In response, Apple said the ad was meant to highlight the difference between surfing the Web on an iPhone and on a normal mobile phone, which often restricts users to simplified, WAP-versions of Web sites. The phrase "all parts of the Internet" referred to site availability, not every aspect of functionality on these sites, Apple said.


Additionally, Apple said the handset's Safari browser was built on open Internet standards, and the company could not ensure that third-party proprietary technology like Java and Flash would work properly on it.


The ASA did not agree, and it said that because the browser's technical limitations weren't explained the "ad gave a misleading impression of the Internet capability of the iPhone."

 

[From Information Week]

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