Apple, AT&T sued over iPhone 4 antenna problems

[Firefox]

Apple, AT&T sued over iPhone 4 antenna problems

Another law firm claims it has received inquiries from more than 1,400 frustrated owners

Just six days after the iPhone 4's launch, a pair of Maryland residents sued Apple and AT&T, alleging that the smartphone's defective antenna design drops calls and can't hold a strong signal.

The lawsuit, filed in federal court in Maryland, claims that Apple knowingly sold defective phones and broke its warranty promises. The lawsuit also levels seven additional charges against Apple and AT&T, including general negligence, deceptive trade practices, fraud and misrepresentation.

Kevin McCaffrey and Linda Wrinn each pre-ordered a new iPhone from AT&T on June 15, but after receiving their phones on June 24 and 28, respectively, they experienced dropped calls because of the device's antenna design, the suit alleges.

"Plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used," reads the lawsuit. "Plaintiffs are unable to return the phone without incurring a substantial restocking fee."

The lawsuit seeks class-action status, a move that if granted would allow any U.S. iPhone 4 owner to join the case.

McCaffrey and Wrinn are represented by attorneys with Ward & Ward PLLC, a Washington law firm, and Charles A. Gilman LLC of Timonium, Md.

Their lawsuit is the first stemming from complaints about substandard iPhone 4 call reception, which started last week when the new phone reached users. Almost immediately, owners reported that their phones would lose a signal, or that the signal indicator would show a weakened signal, when the smartphone was gripped in a certain way, especially if it was held in the left hand.

Hardware experts believe that holding the iPhone can bridge the two antennas embedded in the steel band that encircles the device, lowering signal strength and changing their ability to receive and transmit signals at the designed frequencies.

McCaffrey and Winn's lawsuit cited several of the accounts on the Internet of the reception problems, as well as e-mailed statements allegedly made by Apple CEO Steve Jobs to users and a leaked script for Apple support technicians that ordered them not to offer warranty service for the flaw.

The suit demands that Apple and AT&T pay compensatory and punitive damages, and that Apple be barred from selling more iPhone 4s until it has "repaired the design and/or manufacture defect."

This lawsuit will likely not be the last. Last Monday, Sacramento law firm Kershaw, Cutter & Ratinoff began soliciting potential plaintiffs who had experienced poor reception for a class-action case. Tuesday, the firm said it had received more than 1,400 e-mails from iPhone 4 owners interested in joining a lawsuit.

"Thousands of people are really unhappy with their new iPhones and Apple's response to the antenna issue," the law firm wrote on its blog.

William Kershaw, KCR's lead class-action counsel, did not respond to a request for comment on the firm's plans.

[mountaintree16]

Not cool. For such an expensive product with an expensive monthly plan, you'd think their quality control would be so much better.

(IMO this should be the case regardless even if your product is at a modest price and plan, but with pricier you'd think that quality would go up...)

Apparently not.

[ShyWriter]

APPLE has advertised three openings for "antenna designers/experts" to develop a fix for this problem. These are new positions; not replacing current personnel.

~Shy

[mountaintree16]

Hehe well it's about time eh? That's good new, Shy

[ShyWriter]

Mea culpa: Make that FIVE engineers.. My newspaper had it wrong..

Apple posts five new job listings for antenna engineers - Full story in APPLE INSIDER

~Shy

[goldhound]

Well i am glad that i have no use for that type of toy

Here in Canada the cell phone rates and costs are far greater than in the USA. I want only a mobile phone not a mini entertainment/social networking center and ego plays no part in my choice

[mountaintree16]

Hehe same here goldhound, just a simple pre-paid (in terms of minutes) phone for me that makes calls and texts, and a simple game on it for when I am bored That's all I want and need in a cell phone

[ShyWriter]

Well i am glad that i have no use for that type of toy

Here in Canada the cell phone rates and costs are far greater than in the USA. I want only a mobile phone not a mini entertainment/social networking center and ego plays no part in my choice

I'm with you Wayne but do you know how hard it is to buy a phone that ONLY talks? My analog Motorola STARtac was the last phone I had that was worth a darned.

The last phone I bought almost two years ago has unwanted PTT, TEXTING, WEB ACCESS, etc.. When I asked the sales guy (at the time) for just a freaking phone that only makes and receives voice calls he #1) Looked at me like I was nuts and #2) Said "nope".

Whaddayagonnado??

~Shy

[Firefox]

I too don't have an iphone.... and I must say I am not intrested in getting one either....

[goldhound]

Hehe same here goldhound, just a simple pre-paid (in terms of minutes) phone for me that makes calls and texts, and a simple game on it for when I am bored That's all I want and need in a cell phone

I had thought of just buying minutes mountaintree but i only use the phone maybe 5 minutes a month or not at all as it is a lifeline for my disabled wife. They do not roll over the minutes so i lose the money anyway. I may yet go to buying minutes when this contract expires and use them on the last day out of spite grrrrr!

I personally think that my provider's policies like many others border on theft! There has been a monopoly on Cell service in Canada for many years and only this past year in a few major cities and urban areas are there more than two providers. The other provider here locally has very poor reception and coverage.

[goldhound]

I'm with you Wayne but do you know how hard it is to buy a phone that ONLY talks? My analog Motorola STARtac was the last phone I had that was worth a darned.

The last phone I bought almost two years ago has unwanted PTT, TEXTING, WEB ACCESS, etc.. When I asked the sales guy (at the time) for just a freaking phone that only makes and receives voice calls he #1) Looked at me like I was nuts and #2) Said "nope".

Whaddayagonnado??

~Shy

HAHA! I had an analog Motorola Star Tac as my first cell phone also Steve, worked great but reception was limited in rural areas so we went digital a few years later and when i went to buy the new phone i also said i did not want a dang camera etc just a phone. Got the same response as you

I tried to reply here a bit ago but got whacked on the fingers by "post flood control" for being in a hurry to getter done and back to prepping dinner the forum is slow again now and i will hit post and go to the kitchen again, never mind laughing about my apron, its the only color i could find!

My teeth are sore and these bars are hardened steel

[DarkSnakeKobra]

I have never owned anything apple related. Don't like IPods or any other product of theirs for that matter. But still they should not distribute products that have known problems. Even worse make an agreement refusing to assist with the problem. That is bad practices. Apple needs to be taught a lesson.

Knowing apple and their hot products, I'm not sure how long they'll last. As it's likely millions have preordered it. If they lose, they will lose a lot of money.

[ShyWriter]

HAHA! I had an analog Motorola Star Tac as my first cell phone also Steve, worked great but reception was limited in rural areas so we went digital a few years later and when i went to buy the new phone i also said i did not want a dang camera etc just a phone. Got the same response as you

Shoot - that Star TAC was my last analog phone but because of work I'd been through several previous. I had a Panasonic should-strap flat-pak phone that got stolen when my work van was broken into, then I had a Brick... got the more slender battery so I had a small brick, then an Erickson something or another, then the StarTAC, then another flip phone that my wife wore the wiring in the hinge out, and now an LG with all the options I don't want. *grin* Contract ends soon.. will be looking for a TALK/LISTEN only again as hope springs eternal. :)

I tried to reply here a bit ago but got whacked on the fingers by "post flood control" for being in a hurry to getter done and back to prepping dinner the forum is slow again now and i will hit post and go to the kitchen again, never mind laughing about my apron, its the only color i could find!

My teeth are sore and these bars are hardened steel

Can't wait until 3.1+ gets installed - the pauses between commands and action are irritating.. I got a good deal - I cook / She cleans.. no apron.

Works for me.. (I'll send you a Dremel to work on those bars )

~Shy

[mountaintree16]

@goldhound

Ah. You should get a TracFone if and when you're ready to switch. Cost is low as $20 every three months, and that gets you 60 minutes and 90 days of service. As long as you keep your phone service active, buying a card every 90 days then the minutes you have on there stay put and you don't lose them from month to month.

Oh wait, you're in Canada... I am not sure if TracFone is in Canada...

[Jacktivity]

Well Shy and Goldhound -

Maybe you can find one of these when it's time to renew -

But if you do decide to text, it might be a little tough.

[goldhound]

Nope no Tracfone here.

[goldhound]

Well Shy and Goldhound -

Maybe you can find one of these when it's time to renew -

But if you do decide to text, it might be a little tough.

My fingers are too big Jack That's funny!

[mountaintree16]

@Jacktivity

hehe that's awesome.

[ShyWriter]

Well Shy and Goldhound -

Maybe you can find one of these when it's time to renew -

But if you do decide to text, it might be a little tough.

If it says WESTERN ELECTRIC on the back and has a wind-up-crank, you have a deal!

~Shy

[Jacktivity]

bwaa-ha-ha!

Great answer Shy.

You couldn't break those things if you dropped them from 10 feet.

[ShyWriter]

bwaa-ha-ha!

Great answer Shy.

You couldn't break those things if you dropped them from 10 feet.

You couldn't knock one of those 10 pound black beasts off the table by accident, for sure. Made to last.. and MADE IN THE USA!

Hey; remember that BELL engineer that mathematically and conclusively proved that copper wire could NEVER carry a signal at more than 300 baud.. if even that?? I wonder if he ate a bullet when the 56K modems hit the market? :)

The good old days,

~Shy

[Supernovasky]

Its unfortunate this happened and that it was simply software related and existed in the older iPhones... my iPhone 4 doesn't seem to have this problem and if it does the update coming out in a few weeks will fix it. Sure you could be skeptic and say Apple is just stating its a software problem but I could be a skeptic about all sorts of things towards anything. Also if anyone read more than one article Apple has stated it did not notice this issue in its testing stage and obviously they would have looked into it if they realized it was going on. The fact is people hate Apple and now they have one of the best phones on the market news articles are going to look for ways to generate revenue off of it this doesn't always mean the articles are any good.