Apple, AT&T in $5M iPhone 3G lawsuit
p2pnet news view | Advertising:- With news that Apple has been forced to take a UK TV ad down because of over-hyped speed claims in the background, a San Diego man, Peter Keller, wants his claims against Apple and AT&T for whole raft of offenses centering on the speed of the 3G network and the performance of the iPhone certified as a $5 million class action.
He’s accused both companies of:
- Negligence
- Breach of the express warranty and implied warranty of merchantability
- Fraud and deceit
- Negligent misrepresentation
- Unlawful Business Practice in violation of Bus & Prof Code 17200, et seq
- False and Misleading Advertising in violation of California Bus & Prof Code 17500, et seq
Keller says Apple markets the iPhone 3G because of its speed, but the phone and the network don’t live up to Apple and AT&T advertising promises.
“Consumers are unable to choose any other network or carrier when using their iPhone 3G,” says his court document.
“Through this joint agreement, Apple and AT&T have engaged in a collaborated scheme to deceive plaintiff and other consumers, since the iPhone 3G and AT&T 3G Network is faulty and rarely provides 3G connectivity to its customers.”
The lawsuit, “seeks corrective labeling and advertising on the iPhone 3G, a constructive trust on all monies obtained by Apple and AT&T for the iPhone 3G, and punitive, compensatory and statutory damages,” says Macworld.
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over-hyped speed claims – New Apple iPhone TV ad ban, November 26, 2008
Macworld – $5 million lawsuit charges Apple with fraud over 3G speeds, November 24, 2008
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