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Alabama woman files iPhone 3G lawsuit against Apple – class action possible

August 20, 2008 by Will Park - 4 Comments

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By now it’s evident that there is a good sampling of the iPhone 3G fleet that is experiencing 3G-network woes. From slow data connections to signal-strength flakiness, the iPhone 3G isn’t performing as promised for those affected by the 3G reception issues.iPHone 3G problems

The problem has gotten so bad that Apple released their iPhone 2.0.2 OS shortly after releasing the iPhone 2.0.1 OS in an attempt to fix some of the iPhone 3G’s connectivity bugs. But, in their haste to release another iPhone OS update to fix bugs, Apple’s latest iPhone 2.0.2 OS has reportedly started causing more problematic network issues – most prominently, the inability to make voice calls on the 3G network.

So, in that vein, an Alabama woman has filed a lawsuit against Apple, saying that her “Defective iPhone 3G” has failed to deliver on Apple’s performance and reliability claims. In addition to slower-than-expected data speeds, the plaintiff, Jessica Alena Smith, says that she is only able to connect to the AT&T 3G network about a quarter of the time and has experienced an “inordinate amount of dropped calls.” The lack of 3G connectivity is puzzling given her Birmingham, Alabama hometown’s extensive 3G coverage.

Smith is pushing to have the lawsuit approved as a class-action lawsuit, claiming that the potential class could include tens of thousands of plaintiffs. The lawsuit seeks to have Apple replace or repair all defective iPhone 3G handsets and that Apple pay unspecified damages and attorney’s fees.

With the iPhone 3G continuing to have problems for some (although, to be fair, none of IntoMobile’s iPhone 3G handsets are exhibiting problems), and Apple failing to fix the problem with the iPhone 2.0.2 OS update, we could see this latest lawsuit get class-action approval. And, if Apple doesn’t find a solution right quick, they might be in for a one helluva legal ride.

[Via: ABCNews]

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