Apple and AT&T hit with first class action lawsuit

Ari Robbins
Contributing Editor from  Atlanta, GA
| July 1, 2010

Today marks exactly one week since Apple's iPhone 4 became available to the public.  It's been a crazy week, and I actually feel (just a very little) bad for Apple and AT&T employees who are likely under a huge amount of pressure right now.  With all that's gone wrong, I suppose it was only a matter of time before legal action was taken, but I really didn't think it would happen this quick.

Yesterday, a class action suit was filed in the US District Court for the District of Maryland against Apple and AT&T, which targets one of the most prominent issues people have had with the iPhone 4 to date - antenna/signal problems.

Here is a list of items covered by the lawsuit (courtesy of Gizmodo):

  • 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)

The antenna design problem has become so big that both AnandTech and Richard Gaywood (a Ph.D in wireless network planning), after thoroughly testing out the iPhone 4 have come to the conclusion that "The iPhone 4 is a fantastic device but a lousy phone."  The reason behind the issues is that the antenna which surrounds the phone is not coated in any way to protect the signal from being interrupted by human touch.  Worth noting is the fact that this is a separate lawsuit than the one purportedly being brought against the companies by the same firm that sued Facebook and Zynga once upon a time.

If you want to take a look at the entire 21 page suit, feel free to hit the source link.  It will be very interesting to see how Apple and AT&T handles this suit.  Any thoughts?

Via Gizmodo

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