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goodcow

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Aug 4, 2007
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http://www.appleinsider.com/article..._over_saturating_3g_network_with_iphones.html

Apple, AT&T sued for over-saturating 3G network with iPhones
By Aidan Malley
Published: 08:00 AM EST

A San Diego-based lawsuit filed late last week alleges that Apple and its carrier partner AT&T have knowingly oversold iPhone 3G, promising fast speeds only to see a glut of customers bog down the network with devices that themselves are flawed.

The 18-page complaint from customer William Gillis primarily relies on Internet reports of problems as the foundation of its argument and asserts that leaked information contradicts public statements by either of the defendant companies regarding 3G network performance.

Gillis particularly criticizes AT&T. Although company new media representative Brad Mays has gone on record as saying the iPhone 3G has been "performing great" on its 3G network, the plaintiff counters by pointing to claims that the handset has required too much power. In tandem with the "high volume" of iPhones sold, the sheer signal demand has bombarded AT&T and in many cases kicks users down to the EDGE-based 2G network even when 3G coverage is guaranteed, according to the lawsuit.

Apple and AT&T also misled customers about the practical speed of EDGE with the first iPhone, Gillis also claims, though here he points to ads exaggerating the speed rather than technical issues.

And while Apple chief Steve Jobs is believed to have sent a direct e-mail to one iPhone 3G user confirming a bug fix for the software end of the problem sometime in September, Gillis adds that none of Apple's packaging warns buyers of the current iPhone that its performance might not match customers' expectations.

A disclaimer "points out to them to ask questions, to futher investigate, or [for companies] to simply disclose complete and accurate information about the product," the lawsuit reads. "This is especially true in the case of the speed and performance of an expensive [device]; an important feature in any electronics device purchase."

Since many customers are potentially affected by the alleged flaws in AT&T's network and its interaction with Apple's phone, Gillis is seeking class action status so that every AT&T subscriber in California plagued by slow or intermittent performance -- which could measure into the "thousands" -- can earn compensation if they've suffered through a sub-par 3G experience.

The complaint would have Apple and AT&T pay this restitution as well as punitive damages. Both firms would also be stopped from pursuing the same marketing and public relations tactics that triggered the filing, which demands a jury trial.

Neither Apple nor AT&T has publicly commented on the lawsuit, which is the second lawsuit in as many weeks concerning the same performance hiccups.
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

Awesome! Maybe Apple will FINALLY get around to fixing this crap 2.0 software of theirs.

My fingers are crossed! :D
 
This region/nationwide outage should give the class-action some legs. I'm sick to death of AT&T and Apple pointing fingers at each other for this mess.
 
Yeah, I want to join so that I can see Apple and AT&T spend millions of dollars on legal fees and then if they win they can pay out millions of dollars in compensation.

Oh, wait....the only people who win in that scenario are the attorneys. And all that money spent by Apple and AT&T is money that could have been used to fix the problems.

You folks do understand that in lawsuits such as this, the members of the class get pennies on the dollar and the vast majority of the money goes to the attorneys right?

Don't take what I am saying wrong. I acknowledge the problem and believe that Apple and AT&T need to fix the issues. I just think that in the end, we the customers all lose by going this route. YMMV.
 
You folks do understand that in lawsuits such as this, the members of the class get pennies on the dollar and the vast majority of the money goes to the attorneys right?

To me it's not about the money; it's about keeping pressure on Apple and AT&T to improve a service whose shoddiness is being kept under wraps.

A class-action should help to draw negative attention until these two companies with billions upon billions of cash reserves actually get their respective acts together and do more than put out a x.x.+1 firmware update with "bug fixes".
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

Awesome! Maybe Apple will FINALLY get around to fixing this crap 2.0 software of theirs.

My fingers are crossed! :D

For every action there's a reaction, let's see how they settle this one out in the end.


We need an upside down ----> :apple:
 
Yeah, I want to join so that I can see Apple and AT&T spend millions of dollars on legal fees and then if they win they can pay out millions of dollars in compensation.

Oh, wait....the only people who win in that scenario are the attorneys. And all that money spent by Apple and AT&T is money that could have been used to fix the problems.

You folks do understand that in lawsuits such as this, the members of the class get pennies on the dollar and the vast majority of the money goes to the attorneys right?

Don't take what I am saying wrong. I acknowledge the problem and believe that Apple and AT&T need to fix the issues. I just think that in the end, we the customers all lose by going this route. YMMV.

Not true. There was a class action lawsuit awhile back over ipod batteries and I got $50 back as a result and I didn't pay any attorney fees. This lawsuit could result in a partial credit to people's AT&T bill -- which is significant.

I'm sorry if you own Apple stock or something, but this is a known issue.
 
Not true. There was a class action lawsuit awhile back over ipod batteries and I got $50 back as a result and I didn't pay any attorney fees. This lawsuit could result in a partial credit to people's AT&T bill -- which is significant.

I'm sorry if you own Apple stock or something, but this is a known issue.

You're right, sort of. You didn't write a check to the attorneys for their attorneys fees. But a large portion of the settlement went to paying attorneys fees which reduced the amount of money each person got back.

Trust me, the only people who really win in these lawsuits are the attorneys.
 
You're right, sort of. You didn't write a check to the attorneys for their attorneys fees. But a large portion of the settlement went to paying attorneys fees which reduced the amount of money each person got back.

Trust me, the only people who really win in these lawsuits are the attorneys.

I don't disagree with you there--the attorneys make out in any case. However, I considered the $50 I actually received to be fair. It's not like I expected to get a new ipod or something.

Sometimes a lawsuit like this is worthwhile even if inidividual claimants dont get anything because it forces a change in business practices that benefits consumers. I think society is in general far to litigious, but since I have directly experienced issues I think this suit and others like it have merit.
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

I agree completely. The great thing about this lawsuit isn't how much each person might get (pennies, after all) but rather that it might help encourage Apple to NOT release steaming piles of crap to the market like they did with the 2.0 software.
 
I wish I could look back, but I swear I called this happening. There weren't too many devices that used, let alone really utilized, the 3G network in the US. Then you pop a million iPhones on it within a month and KABOOM, the service is flooded. Just imagine all the people using MLB At Bat to watch videos or just downloading apps over 3G.

I know I have called out this problem when it comes to "why can't we download songs over 3G?" If you 3G users think you're having problems now, imagine the flood of traffic that songs would push.

All on the Poo AT&T :)
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

I agree completely. The great thing about this lawsuit isn't how much each person might get (pennies, after all) but rather that it might help encourage Apple to NOT release steaming piles of crap to the market like they did with the 2.0 software.

And my point is that forcing Apple to spend money and time defending what is essentially a pointless lawsuit serves only as a distraction resulting in money that could be spent on fixing the problem being spent on worthless attorneys.

If we were six months or a year out on this product and still having problems I could understand but we aren't. And if you think the individual and law firm that filed this suit did so just to get Apple and AT&T to fix the problem, think again. They are in it for the money.
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

StoneColdSober said:
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)

I agree completely. The great thing about this lawsuit isn't how much each person might get (pennies, after all) but rather that it might help encourage Apple to NOT release steaming piles of crap to the market like they did with the 2.0 software.

And my point is that forcing Apple to spend money and time defending what is essentially a pointless lawsuit serves only as a distraction resulting in money that could be spent on fixing the problem being spent on worthless attorneys.

If we were six months or a year out on this product and still having problems I could understand but we aren't. And if you think the individual and law firm that filed this suit did so just to get Apple and AT&T to fix the problem, think again. They are in it for the money.

You're right - we're not six months in - we're almost two months in and yet Apple has yet to fix a number of glaring problems with the 2.0 software, including my personal favorite, the "Apple Logo of Death," a problem which continues to plague more and more people, yet could be easily fixed (at least temporarily) by increasing the watchdog process' timeout from two minutes to three. Yet, the problem still remains.

Hopefully these suits, and any ensuing negative publicity, will encourage Apple to release products which actually function as advertised, rather than releasing steaming piles of crap with showstopping bugs and design flaws that remain after a full TWO MONTHS on the market.
 
Yeah, I want to join so that I can see Apple and AT&T spend millions of dollars on legal fees and then if they win they can pay out millions of dollars in compensation.

Oh, wait....the only people who win in that scenario are the attorneys. And all that money spent by Apple and AT&T is money that could have been used to fix the problems.

You folks do understand that in lawsuits such as this, the members of the class get pennies on the dollar and the vast majority of the money goes to the attorneys right?

Don't take what I am saying wrong. I acknowledge the problem and believe that Apple and AT&T need to fix the issues. I just think that in the end, we the customers all lose by going this route. YMMV.

I'm all for it. If these companies get hit with enough class action suits, maybe they'll learn to respect their customers and not oversaturate the network.
 
Wirelessly posted (iPhone 3G (16GB, 2.0.2 JB'd): Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_0_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5C1 Safari/525.20)



You're right - we're not six months in - we're almost two months in and yet Apple has yet to fix a number of glaring problems with the 2.0 software, including my personal favorite, the "Apple Logo of Death," a problem which continues to plague more and more people, yet could be easily fixed (at least temporarily) by increasing the watchdog process' timeout from two minutes to three. Yet, the problem still remains.

Hopefully these suits, and any ensuing negative publicity, will encourage Apple to release products which actually function as advertised, rather than releasing steaming piles of crap with showstopping bugs and design flaws that remain after a full TWO MONTHS on the market.

You're right. I would rather Apple spend $5,000,000.00+/year defending a lawsuit that by the time it actually gets to court (5 years from now, if it doesn't get tossed out before then) the problems will be fixed or irrelevant, rather than go out and hire 25 - 50 additional software engineers and software QA guys to work directly on resolving these issues in a quicker and more reliable manner. Because we all know that spending money on attorneys is the best way to solve a problem.

Don't get me wrong, I work for a law firm (not a lawyer, just work for them). I'm all for job security. So as long as people keep suing people, valid reasons or no, I know my job isn't going anyplace.
 
You're right. I would rather Apple spend $5,000,000.00+/year defending a lawsuit that by the time it actually gets to court (5 years from now, if it doesn't get tossed out before then) the problems will be fixed or irrelevant, rather than go out and hire 25 - 50 additional software engineers and software QA guys to work directly on resolving these issues in a quicker and more reliable manner. Because we all know that spending money on attorneys is the best way to solve a problem.

Don't get me wrong, I work for a law firm (not a lawyer, just work for them). I'm all for job security. So as long as people keep suing people, valid reasons or no, I know my job isn't going anyplace.

When Apple and AT&T are willing to reimburse me for each month of service, as well as a prorated refund for the iPhone, I'll consider such an argument.

Class action lawsuits have their place: They are there to warn large corporations to keep their act together. Apple & AT&T screwed up, and now they must pay.
 
When Apple and AT&T are willing to reimburse me for each month of service, as well as a prorated refund for the iPhone, I'll consider such an argument.

Class action lawsuits have their place: They are there to warn large corporations to keep their act together. Apple & AT&T screwed up, and now they must pay.

I said you were right. What more do you want? Like I said, attitudes such as yours is what keeps me employed. So get on with your bad self and sign up for the suit and see how far the whole thing gets. I know where I would put my money.
 
And my point is that forcing Apple to spend money and time defending what is essentially a pointless lawsuit serves only as a distraction resulting in money that could be spent on fixing the problem being spent on worthless attorneys.

If we were six months or a year out on this product and still having problems I could understand but we aren't. And if you think the individual and law firm that filed this suit did so just to get Apple and AT&T to fix the problem, think again. They are in it for the money.

Don't tell me you are one of those that think attorneys are worthless...there are too many out but then you need one and the attorney becomes your best friend

As for your comment, I don't think it is necessarily in disagreement with the opinions on this board in favor of the lawsuit if you consider that the root of their argument is that the lawsuit will encourage Apple/AT&T to fix the problem faster than if there was an absence of one...I mean you assume that if they weren't spending money on legal fees they would be spending it on development instead of sitting on the profit (they could be, but I wouldn't base much on that assumption)

Also while the attorneys do stand to profit big from this, actually maintain a lawsuit, let alone a class action for as many years as litigation takes in the US is a lot of hard work...so hard that people who are not specially trained can't do it (hell even some with the training can't) These attorney's will earn a good portion of that money

An yes, I am an attorney.

edit: I just saw that you worked for a law firm so you should know how hard working on litigation is and what a pain it is to have a case take up time for 6 years with no payment in...i take back my earlier assumption that you hate attorneys...you know and therefore have every right to hate them! J/k but I do apologize for making assumptions
 
To me it's not about the money; it's about keeping pressure on Apple and AT&T to improve a service whose shoddiness is being kept under wraps.

A class action is unlikely to do that. It will simply be a money sink and distraction for AT&T and Apple, for which we'll see little benefit.

Anyone who's been a "class member" in these suits will tell you what the "Settlement" tends to consist of. Never is the problem really addressed, at least not as a direct result of the lawsuit. Usually the settlement ends up being something like "here's this gift crd that we nominally value at about $5. In exchange, you accept that things will continue to be as they are and you can't sue us again for it."
 
As opposed to doing nothing and hoping they either stop selling Iphones or improve the entire national network?

Sorry but if you don't poke them in the ass they aren't going to move and do a damn thing. People understand two things really well, pain and pocket book.
 
As opposed to doing nothing and hoping they either stop selling Iphones or improve the entire national network?

Who said they aren't working on network improvements already? And how quickly we forget that a lot of the 3G problems are firmware, not network. $$$ does that to you.

Sorry but if you don't poke them in the ass they aren't going to move and do a damn thing. People understand two things really well, pain and pocket book.

...and the quickest way to end both is to bri-- err, pay the lawyers to just go away. Oh, and to give you your $5 gift card.
 
You're right. I would rather Apple spend $5,000,000.00+/year defending a lawsuit that by the time it actually gets to court (5 years from now, if it doesn't get tossed out before then) the problems will be fixed or irrelevant, rather than go out and hire 25 - 50 additional software engineers and software QA guys to work directly on resolving these issues in a quicker and more reliable manner. Because we all know that spending money on attorneys is the best way to solve a problem.

Don't get me wrong, I work for a law firm (not a lawyer, just work for them). I'm all for job security. So as long as people keep suing people, valid reasons or no, I know my job isn't going anyplace.
Of course I would rather Apple spend their money on additional software engineers and QA people than legal fees, but they obviously haven't seen fit to do so, which is why we're stuck with buggy, laggy, unresponsive software. They could've spent their money on that stuff, but they clearly chose not to. Hopefully this lawsuit will encourage them to rethink their priorities.
 
All of the problems have been fixed, if only everyone would upgrade to 2.0.2, and my EDGE speed is usually much faster than the official EDGE speeds. I expect this to be dismissed quickly.

TEG
 
Sorry but if you don't poke them in the ass they aren't going to move and do a damn thing. People understand two things really well, pain and pocket book.
EXACTLY. I have been filing crash reports and leaving feedback since July 11th, and Apple has now had two opportunities to correct the ALoD design flaw but hasn't seen fit. Hopefully this lawsuit, along with the accompanying negative publicity, will encourage them to actually FIX the steaming pile of crap they call the iPhone/iPod 2.0 software and get back on track with products that "just work," instead of just ignoring the complaints and leaving us stuck with slow, buggy software.
 
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