Apple and AT&T sued for slow iPhone 3G data speeds
By Will Park on Friday, March 20th, 2009 at 3:56 PM PST In AT&T, Announcements, Apple, Financial/Corporate News, Hottest Hardware, iPhone
This is really getting out of hand. Yet another lawsuit has been filed against Apple (NSDQ: AAPL) and AT&T (NYSE: T), charging that both companies misrepresented the data speeds and performance of the AT&T 3G network and iPhone 3G smartphone. The lawsuit follows numerous others filed against Apple and AT&T in regards to disappointing 3G performance.
Apparent iPhone 3G user Damone Dickerson filed his complaint in a United States District Court, in New Jersey. Dickerson is complaining of inconsistent 3G service, with data speeds that never lived up to what was advertised. Specifically, the lawsuit charges Apple and AT&T with “Negligence, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statutes, and Breach of Contract” – covering all the bases, it seems.
The lawsuit seeks to have both companies change their labels and advertising to more accurately reflect real-world performance. Dickerson is also seeking compensatory, statutory and punitive damages.
If anything, the lawsuit will hopefully spur AT&T to work hard on maintaining and upgrading its 3G network.
Keep the hope alive.
[Via: NetworkWorld]
Damone Dickerson get a life man
these losers who try to sue over this stuff need to get a REAL JOB & EARN A REAL INCOME and stop trying to find the easy way out.. go work and earn your money and stop trying to swindle the system.. biggest issue with this country, people dont want to work and try to cheat their way into money… jokers
I agree with both of the above posters that suing people in this country is getting out of hand. HOWEVER, I doubt this person is a bum off the streets seeing as how this won’t be an easy or cheap process; AND I applaud him for trying to make a company of that size do better than they are. ATT touts super speeds but they kinda suck in reality. I just switched to ATT….so far, unimpressed. Someone needs to step up or they will continue to suck.
I think a lawsuit is a little over the top here. Perhaps some user education is in order? People have a perception of speed in their minds, which will always be slower than reality. If that were not the case, then there wouldn’t be tiered pricing and speeds for broadband from the carriers. What is ‘fast enough’ for the user, and for crying out loud, what in the world is so critical on his phone that he needs screaming fast 3G speeds. While I don’t disagree that his speed might not be what he thinks he should be getting, at the same point, let’s consider the fact that perhaps he lives in a ‘dead zone’ to pawn a phrase from Verizon? I know my 3G is fast enough. Not as fast as my cable modem, but not slow enough that I can’t wait another second or two. Perhaps he’s simply too dumb to look at a coverage map? The coverage isn’t 100% perfect either, and if he’s in a fringe area, it could be at the low end of speed due to his location, who knows. Regardless, it’s a stupid lawsuit because frankly there’s no way for anyone to meet his ‘expectations’ since you can’t get a concrete measurement of that very item. Simply put, how fast is fast enough?
^^^^Dave
It’s not that it needs to be fast. The fact is that the standard is set to be 3.6 and 7.2mbps. 40KB/s is not even .5mbps, thus false advertising. I have tried this all over California with 4 and 5 bar signal with 12 iPhone 3Gs with 2.1/2.2/2.2.1 software all the same and confirmed. I also tried with my HTC Touch Diamond a speed test with 3 different sites while on 5bar HSUPA and it wasn’t really any better. Good for him to sue for our rights.
You know what, it’s not event the speeds. It’s the fact that as I walk around Manhattan my iPhone drops service every goddamn 10 feet! I mean come on you have got to be kidding me. I will literally be standing on 5th Ave. with NO SERVICE.
ATT sucks and yes I applaud this guy and others for suing. Shoot, maybe I should sue as well. If you promise something in your ads, you need to deliver. For the user who asked what is so important that he needs 3g speed…really? What a stupid remark. Just because you do not need the speed does not mean others do not. I am on my macbook, iphone, etc.. constantly doing research or responding to email or whatever the hell I want to do and if I buy based on the “fact” of advertised speed then thats what I should get. Instead of gettnig raped anally without lube by these corp giants , pick up your testicles and fight your rights as a consumer.