Apple, AT&T sued for over-saturating 3G network with iPhones

[scaredpoet]

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.

Right because you know Apple has been totally ignoring these issues. They don't have a single software tech even bothering to work on a software update. They're just sitting there, twiddling their thumbs. And laughing.

 

[Trajectory]

I have a feeling that after Sept. 9, this suit will be dropped.

 

[manhattanboy]

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".

AMEN!!

 

[mavis]

Right because you know Apple has been totally ignoring these issues. They don't have a single software tech even bothering to work on a software update. They're just sitting there, twiddling their thumbs. And laughing.

Roll your eyes all you want, it won't change the fact that I've been having problems and reporting them SINCE DAY ONE, and now, two months later, Apple still hasn't fixed or even acknowledged the issue.

No, I can't imagine why someone in my situation might be upset.

 

[manhattanboy]

Right because you know Apple has been totally ignoring these issues. They don't have a single software tech even bothering to work on a software update. They're just sitting there, twiddling their thumbs. And laughing.

Well they for sure are NOT acknowledging hardly anything...
What pisses me and probably others off more is NOT knowing whether they will bother to fix these issues and if they will fix them fast.
If they would just come out and say "Our phones and network suck balls and you should probably wait 8 months or go at it via your own risk" then I and many others would probably be a lot happier because we would know UP FRONT what we are getting into.

Imagine if I took you to surgery and said "well there is no problem" and then have you crapping out of a bag for the next 6 months... you'd probably be pissed.

 

[StoneColdSober]

Roll your eyes all you want, it won't change the fact that I've been having problems and reporting them SINCE DAY ONE, and now, two months later, Apple still hasn't fixed or even acknowledged the issue.

No, I can't imagine why someone in my situation might be upset.

I never said you shouldn't be upset. If you reread my posts I state that I understand the frustration and I think that both Apple and AT&T need to step up and hurry and fix this situation.

My point is that frivolous lawsuits (and yes, at this point, as of today, this is frivolous) will not accomplish anything other than line the pockets of the attorneys.

 

[mavis]

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)

Roll your eyes all you want, it won't change the fact that I've been having problems and reporting them SINCE DAY ONE, and now, two months later, Apple still hasn't fixed or even acknowledged the issue.

No, I can't imagine why someone in my situation might be upset.

I never said you shouldn't be upset. If you reread my posts I state that I understand the frustration and I think that both Apple and AT&T need to step up and hurry and fix this situation.

My point is that frivolous lawsuits (and yes, at this point, as of today, this is frivolous) will not accomplish anything other than line the pockets of the attorneys.

I see. I guess we'll just have to disagree - I think that lawsuits like this will force Apple to actually do a little beta testing in the future and hopefully release products that are closer to being ready than the iPhone 2.0 software and the iPhone 3G obviously were.

 

[TuckBodi]

So the post refers to this as being a 3G issue but are there others like me who saw their reception take a nose dive on their original iPhones around the time the 3G's came out? I went from average reception in my house (around 3 bars) to, if I'm lucky, 1 bar. I frequently get No Service and/or dropped calls. Also frustrating is my voice mails seem to come in an hour or two after I see somebody called which never happened before.

So I call AT$T about it and what does the clown tell me? He says in order to properly get technical support on my cell phone I have to call from another phone, like a landline. Well, I only have my cell phone so I guess I have to go across town and call from my sisters house. Funny thing was when I asked how being a 1/2 hour from where my cell connections issues are will allow them to diagnose my issues the tech support guy answered "we have magical ways of fixing issues even if you're not there." I just wish they had magical ways of not screwing up in the first place!

 

[StoneColdSober]

I'm not saying the following will hold up in court but it has a very good chance of doing just that and the result will be AT&T is off the hook. According to the Terms of Service everyone agreed to when purchasing the iPhone and signing up with AT&T:

DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1 800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. AT&T will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), AT&T will pay you and your attorney a special premium if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

This little class action suit could disappear really quick.

I'll have to see if Apple says anything similar.

ETA: So that little paper pack that was included in the box with the iPhone has the following to say:

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE iPHONE SOFTWARE AND SERVICES, IS AT YOUR SOLE RISK AND THAT
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE iPHONE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”,
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND
APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF
SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE iPHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE iPHONE SOFTWARE AND SERVICES, THAT THE
FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE iPHONE SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iPHONE SOFTWARE
AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE
iPHONE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iPHONE
SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE,
APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY
AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. YOU FURTHER ACKNOWLEGE
THAT THE iPHONE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR
USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR
INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE IPHONE
SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iPHONE SOFTWARE OR
SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA,
FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OF OR INABILITY TO USE THE iPHONE SOFTWARE AND SERVICES OR
ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE
iPHONE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall Apple’s total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the amount
of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.

Now for the hardware, Apple has this to say:

This Limited Warranty applies only to the hardware product manufactured by or for
Apple that can be identified by the “Apple” trademark, trade name, or logo affixed
to it. The Limited Warranty does not apply to any non-Apple hardware product or
any software, even if packaged or sold with the Apple hardware. Manufacturers,
suppliers, or publishers, other than Apple, may provide their own warranties to the
end user purchaser, but Apple, in so far as permitted by law, provides their products
“as is”. Software distributed by Apple with or without the Apple brand name
(including, but not limited to system software) is not covered under this Limited
Warranty. Refer to the licensing agreement accompanying the software for details of
your rights with respect to its use.
Apple does not warrant that the operation of the product will be uninterrupted
or error-free. Apple is not responsible for damage arising from failure to follow
instructions relating to the product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless
damage has occurred due to a defect in materials or workmanship; (b) to
cosmetic damage, including but not limited to scratches, dents, and broken
plastic on ports; (c) to damage caused by use with non-Apple products; (d)
to damage caused by accident, abuse, misuse, flood, fire, earthquake or other
external causes; (e) to damage caused by operating the product outside the
permitted or intended uses described by Apple; (f) to damage caused by
service (including upgrades and expansions) performed by anyone who is not
a representative of Apple or an Apple Authorized Service Provider (“AASP”); (g)
to a product or part that has been modified to alter functionality or capability
without the written permission of Apple; or (h) if any Apple serial number has
been removed or defaced.
Important: Do not open the hardware product. Opening the hardware product
may cause damage that is not covered by this warranty. Only Apple or an
authorized service provider should perform service on this hardware product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET
FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES
AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
AS PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS ANY AND
ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF APPLE CANNOT
LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT
PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO
THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT
SERVICE AS DETERMINED BY APPLE IN ITS SOLE DISCRETION. No Apple reseller,
agent, or employee is authorized to make any modification, extension, or addition
to this warranty. If any term is held to be illegal or unenforceable, the legality or
enforceability of the remaining terms shall not be affected or impaired.EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW, APPLE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR
CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED
TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS
(INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS
OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF
GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA;
OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED
INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF
RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED
IN OR USED WITH THE APPLE PRODUCT AND ANY FAILURE TO MAINTAIN THE
CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION
SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY
LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.
APPLE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY
PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK
TO OR LOSS OF PROGRAMS OR DATA.

Based on the above, and if it were to actually hold up in court, if it is the software to blame, we are all hosed. If it is the hardware, Apple may be doing some explaining.

BTW: Sorry about the walls of text, I guess that's what happens when you copy and paste from a .pdf.

 

[Trajectory]

I'm not saying the following will hold up in court but it has a very good chance of doing just that and the result will be AT&T is off the hook. According to the Terms of Service everyone agreed to when purchasing the iPhone and signing up with AT&T:

This little class action suit could disappear really quick.

Well of course AT&T wants to force customers into arbitration, if the decision is in their favor, it cannot be challenged in a real court of law.

 

[StoneColdSober]

Well of course AT&T wants to force customers into arbitration, if the decision is in their favor, it cannot be challenged in a real court of law.

Pretty much.

ETA: I think you will find this same language in most if not all of the large carriers TOS and contracts in the USA.