[fabuloso]

Apple and AT&T hit with first iPhone 4 class action lawsuit

Some of the claims:

* General Negligence (APPLE and AT&T)
* Defect in Design, Manufacture, and Assembly (APPLE)
* Breach of Express Warranty (APPLE)
* Breach of Implied Warranty for Merchantability (APPLE and AT&T)
* Breach of Implied Warranty of Fitness for a Particular Purpose (APPLE and AT&T)
* Deceptive Trade Practices (APPLE and AT&T)
* Intentional Misrepresentation (APPLE and AT&T)
* Negligent Misrepresentation (APPLE and AT&T), Fraud by Concealment (APPLE and AT&T)

Source: UPDATED: Apple and AT&T hit with first iPhone 4 class action lawsuit � Boy Genius Report

I honestly never thought it would get this bad with Steve Jobs denial of these claims and now comes the fun part. Lets see how this plays out.

[andyahs]

Tough to bring a lawsuit against 2 big giant companies.

[jhamilton3#CB]

I take it you are not upgrading to the i4 fabuloso?

[fabuloso]

I take it you are not upgrading to the i4 fabuloso?

My area is out of handsets, so I have to wait until July 15. Though, AT&T's coverage in MD/DC is amazing, it just stinks when out by the beach like Ocean City, MD where I get .83kbps on a 3G connection.

[spawn026]

How can anyone sue when every person that owns an iphone 4 is within their time frame to return it and cancel their contracts? You haven't been wronged if you are eligible for a refund still. People are sue happy these days

[fabuloso]

How can anyone sue when every person that owns an iphone 4 is within their time frame to return it and cancel their contracts? You haven't been wronged if you are eligible for a refund still. People are sue happy these days

That part is true. But also, along with returning the phone, you are charged a 15% restocking fee.

I don't see why AT&T and Apple can't just hand out free bumpers.

But on another note, some kid bought a Lance Armstrong $1 wrist band thing, and fitted it to his iPhone 4, and just cut out the bottom.

[spawn026]

That part is true. But also, along with returning the phone, you are charged a 15% restocking fee.

I don't see why AT&T and Apple can't just hand out free bumpers.

But on another note, some kid bought a Lance Armstrong $1 wrist band thing, and fitted it to his iPhone 4, and just cut out the bottom.

well the restocking fee is because they can't sell it as new anymore. It will be either held onto as refurb for sale or replacements. That part does stink but I do get why its there

[Pi Guy 3.14]

How can anyone sue when every person that owns an iphone 4 is within their time frame to return it and cancel their contracts? You haven't been wronged if you are eligible for a refund still. People are sue happy these days

Because regardless of it they return it, that doesn't mean Apple isn't still knowingly selling faulty products.... I would be pissed if I went through the whole process to find out that the phone is faulty and then reading how Apple handles the whole situation. I believe it warrants every right to have a class action suit...

But maybe you're right, people should just return it and forget about it... yeah, thats the answer

[devGOD]

When everyone purchased the phone they knew of the 15% restock fee... every store has it posted or in the final contract. so regardless of the fee or not they could return it. And i'm pretty sure AT&T and Apple will bring that up and just law at this ridiculous lawsuit. If you don't like the restock fee then don't purchase from the store...

On another note, most if not all ip4 users will most likely purchase some sort of case, wrap or skin... so complaining about a stupid $30 bumper after you spent 200-600$ on a phone and would probably spend $30 anyway on some case to go with it is crazy. Thats like buying a luxury car and complaining at the cost of premium gas. The quick fix is a freakin $30 bumper or other free solutions online. seriously why are people so d@mn sue happy in the US.

I'm pretty sure Apple is in the process of solving the problem. phone hasn't been out a month yet come on people. The google nexus one had a similar problem but with 3g. give the company time to figure out a solution

[devGOD]

Because regardless of it they return it, that doesn't mean Apple isn't still knowingly selling faulty products.... I would be pissed if I went through the whole process to find out that the phone is faulty and then reading how Apple handles the whole situation. I believe it warrants every right to have a class action suit...

But maybe you're right, people should just return it and forget about it... yeah, thats the answer

after being out for less than a month... UMMM no, it does not. so instead of giving the company time to collect enough info on the exact problem you sue them? ridiculous, to bad companies have to worry about there image because these people behind the class action suit need to receive a letter that just says F#$K OFF! signed Steve Jobs.

the 9700 has problems the first time out, nexus one, most products have some issue that needs tweeking... 3weeks and you're ready to sue.

[fabuloso]

after being out for less than a month... UMMM no, it does not. so instead of giving the company time to collect enough info on the exact problem you sue them? ridiculous, to bad companies have to worry about there image because these people behind the class action suit need to receive a letter that just says F#$K OFF! signed Steve Jobs.

the 9700 has problems the first time out, nexus one, most products have some issue that needs tweeking... 3weeks and you're ready to sue.

Yeah, but you have to think of the misrepresentation Job's is giving, with saying NOTHING IS WRONG WITH THE DEVICE. When in fact, there is.

[Radius]

Tough to bring a lawsuit against 2 big giant companies.

No, it's very easy in fact as these people have just proven.

[Tlynnsmith]

That part is true. But also, along with returning the phone, you are charged a 15% restocking fee.

I don't see why AT&T and Apple can't just hand out free bumpers.

But on another note, some kid bought a Lance Armstrong $1 wrist band thing, and fitted it to his iPhone 4, and just cut out the bottom.

...and there's the problem. Yeah...let me return the phone, but don't charge me a restocking fee. See, all the "Just return the phone, MORONS!!!" folks need to know we're not as dumb as they think....and they're not as smart as they think. If the phone is defective...in any way, or it doesn't work in the way it's supposed to work (with reasonable expectations}, then I shouldn't be charged to return the phone. It's not about not "liking" the phone. Apple has some responsibility in this. Had they told us about the antenna issues, many of us may have opted to pass. Give us the right to choose, before we buy...not after.

...not talking about anyone in this thread. I'm talking about the many online responses to this issue.

[scorpiodsu]

Yeah it's not tough to bring a lawsuit, but it's tough to win one especially when you can return the device for a full refund.

[Pi Guy 3.14]

Again it is not a matter of just returning it..... That has nothing to do with anything in this case.

[andyahs]

No, it's very easy in fact as these people have just proven.

Meant to say win one. Yes easy to bring one but win one is another thing.....

[scorpiodsu]

Again it is not a matter of just returning it..... That has nothing to do with anything in this case.

No but that's all you have to do. People just like drama and sometimes think they are entitled to more than what they really are. I don't like the issues with the phone but at the same time they don't owe me anything. Just give me my money back and we're square. People will sue anyone for anything nowadays because they can. Forget the drama and get your money back if it's really that big of a deal. Apple didn't sell you a car they knew had faulty brakes and you got in a car accident. They sold you a phone.

[JoJoCal19]

Has anyone actually read the lawsuit text? Some of the claims in the suit are actually true. There are specific statements and facts in the text. Whether its something that would win the case, we will have to wait and see.

[spawn026]

Has anyone actually read the lawsuit text? Some of the claims in the suit are actually true. There are specific statements and facts in the text. Whether its something that would win the case, we will have to wait and see.

i still don't understand what the lawsuit is for. You don't like the device and feel it doesn't work as advertised or is deceitful, return it. Not only can you still return it but apple has extended the return time and now removed the restocking fee so its a full refund. The only thing they would be entitled to is the cost of the phone which they are able to get back without the hassle of court fees.

[anon(835884)]

Apple and AT&T hit with first iPhone 4 class action lawsuit

Good but why not just use the 30day grace period and take it back?? Isn't that the whole point of offering it in the first place?? Why is it people always have to go to the extreme like this?? Apple is even waiving the restocking fee...

**PLEASE NOTE THAT I AM NOT AN APPLE FAN BOY BY ANY-MEANS**

[scorpiodsu]

Good but why not just use the 30day grace period and take it back?? Isn't that the whole point of offering it in the first place?? Why is it people always have to go to the extreme like this?? Apple is even waiving the restocking fee...

**PLEASE NOTE THAT I AM NOT AN APPLE FAN BOY BY ANY-MEANS**

I agree. I'm on the fence about whether to keep mine or go back to my 3GS for now and some people are just over the top and enjoy drama. Making a total mockery of our already flawed court system for a phone that you can take back. I mean what do they want? Apple to give them some money and still keep your phone? Either take the phone back or deal with the issues. No one is forcing them to do anything. Once again, Apple sold them a phone not car that had bad brakes that they knew about. It's a phone.

[chuckh0308]

I agree. I'm on the fence about whether to keep mine or go back to my 3GS for now and some people are just over the top and enjoy drama. Making a total mockery of our already flawed court system for a phone that you can take back. I mean what do they want? Apple to give them some money and still keep your phone? Either take the phone back or deal with the issues. No one is forcing them to do anything. Once again, Apple sold them a phone not car that had bad brakes that they knew about. It's a phone.

They should at least wave the restocking fee though. But otherwise I agree...if you aren't happy with it you don't HAVE to keep and use it. There are other phones out there...

Or do what we are doing and not have to be the first person on the block to have it. Sometimes it pays to wait...

[spawn026]

They should at least wave the restocking fee though. But otherwise I agree...if you aren't happy with it you don't HAVE to keep and use it. There are other phones out there...

Or do what we are doing and not have to be the first person on the block to have it. Sometimes it pays to wait...

actually the restocking fee isn't active for the iphone 4 return right now so its a win win situation.

Apple nixes 10% restocking fee on iPhone 4 returns � Boy Genius Report

[anon(835884)]

Making a total mockery of our already flawed court system for a phone that you can take back. I mean what do they want? Apple to give them some money and still keep your phone? Either take the phone back or deal with the issues. No one is forcing them to do anything. Once again, Apple sold them a phone not car that had bad brakes that they knew about. It's a phone.

Lets keep in mind that these are probably the same people that slept on the side walk in front of an Apple/At&t store waiting for this silly phone...

** ONCE AGAIN I WANT TO MAKE IT CLEAR I AM NOT AN APPLE FANBOY **

[tumer]

And it begins the all mighty apple when it rains it poors this company has had a very good run always good news now all of a sudden there latest and newest iphone4 all the analyst couldn't stop talking about how perfect the phone is now all of a sudden what its been out 2weeks and there's a huge lawsuit against them wow there is a lot more to this then we know if they can prove apple and at&t no the device was faulty and still decided to sell it ouch that is going to hurt!