AT&T Sued by Sprint for Misleading '5GE' Branding [Updated With AT&T Statement]

[ecschwarz]

What puzzles me most is, as Apple continually publicly say how good, honest, truthful etc etc they are to the public.
Why would they ever agree to allow this 5G logo to be displayed on their phone in the 1st place, when they know it's sold purpose is to mislead less knowledgeable customers?

I think there's two things at play here:

First, AT&T is going to push this to any compatible Android phone running their software, so it's in Apple's interest to match this so brand-new iPhones don't appear "old" (think of two sitting side-by-side at an AT&T store and the iPhone "only" has LTE). It's stupid, but AT&T controls the narrative in their stores and web site.

Second, I think Apple is of the mindset that they're not enforcing the nomenclature for carrier networks because they're not in that business. We see this with the mix of Android phones (some show 3G+, some show 4G, some show H+ for AT&T and T-Mobile's HSPA network, and LTE networks are often labeled as LTE or 4G, depending on the device).

Do I agree with what AT&T is doing? Nah. However, i think Apple is choosing their battles and if they dug their feet in about not calling the technology the same as what AT&T is doing, they're not going to "win" - AT&T is going to keep going with this 5Ge thing until every non-Apple device they sell would show it.
[doublepost=1549634284][/doublepost]

What does even Sprint have to do with AT&T?! Can't they just mind their own business?

Pettiness...calling BS on a competitor...pointing out their own 5G plans with free advertising...etc.

 

[willmtaylor]

What does even Sprint have to do with AT&T?! Can't they just mind their own business?

Hmm....maybe the fact that they're major competitors? (at least in theory)

It is, in fact, their business that they are minding.

Seems pretty obvious actually.

 

[JosephAW]

The FTC needs to stop all this "unlimited" advertising until it really is unlimited.

Even the calling and texting unlimited is not really. More like 5000 minutes. My friend from Russia once used up those 5000 minutes. She liked to talk and talk.
[doublepost=1549634801][/doublepost]Speaking of LTE and 4G. Sometimes my iPhone says one or the other. When it's on 4G it's slow as 3G was.

 

[dewski]

Sprint is a joke carrier and a joke company.

Hey. That's mean. I love sprint. 2 iphones with unlimited everything for $90 a month.

 

[bigjnyc]

I could see their point... I mean everyone here on this forum knows the real deal... But for the average non-techy consumer it really is misleading... And I think it goes beyond just a marketing tactic. Verizon took out a full page ad in the papers blasting ATT for this, I wouldn't be surprised if they join in with a lawsuit of their own.

 

[jshort]

Good.. AT&T did the exact same with that HSPA+ mess when moving from 3G to 4G. They always seem to operate from a position of either network weakness (no picture message back in iPhone exclusivity, no FaceTime over cellular when iOS allowed it, etc.) or shadiness.

 

[zarmanto]

What's their actual 5G rollout going to be called then - 6Ge?

How about 5G without the E...

Nope. In fact, we already have evidence which indicates that -- barring a "win" by Sprint in this lawsuit -- there will be no "5G" branding coming out of any of the other carriers, going forward. The supporting historical facts have already been briefly noted in the article, in that AT&T has done this before... and we already know what the results were in that scenario: when AT&T (and apparently T-Mobile) introduced their "4G" network, which was actually only some slightly enhanced 3G technology, the "4G" branding became so watered down as to be essentially useless as a marketing term in the US, so the rest of the US-based carriers ended up settling on "LTE" to differentiate their 4G networks.

In the current scenario, the "5G" branding is going to likewise become watered down, and other carriers (including T-Mobile, this time around) will end up tossing around ideas to re-brand their 5G networks, thus repeating history. Further, they'll probably have to spend a significant amount of money to deal with this issue from a marketing standpoint, while AT&T happily struts their stuff as the "only" carrier with a "5G" network. (You heard it here first, folks: keep a look out for the word "only" in AT&T's upcoming ads.)

Actually, come to think of it, this lawsuit probably falls squarely under Sprint's marketing budget... since they're going to have to spend that money anyway, why not spend it in a way that could potentially harm AT&T for creating the situation in the first place?

 

[bigjnyc]

What does even Sprint have to do with AT&T?! Can't they just mind their own business?

It literally is their business lol... Like they are in the same business and competing for the same customers.... If you own a business and you are rolling out an enhancement would you want your competitor tricking customers in to thinking they already have this enhancement when in reality they dont? Don't be surprised if Verizon and T-Mo are working on suits of their own.

 

[code-m]

Actually, you're thinking of the FTC, as that's the agency which is charged with handling false advertising.

That said: lawsuits have essentially become the standard, "I've been harmed by someone, somehow -- and someone needs to fix things!" response, in the US. It's possible that the reason people and/or companies always try to go that route is that they might possible be able to get their own pound of flesh out of the offender... but personally, I think it's just usually easier to convince a judge and/or jury to bring the smack-down, than it is to go through the "proper procedures" with the appropriate agency. (There are of course exceptions to this generalization... but not very many, IMO.)

FTC, thank you for the clarification The judge should redirect the complainants to utilize the proper procedure vice wasting the courts time and money in a trial. Court should also fine corporate complainants on a three strike rule, you should file this with the proper process and you have done this for the forth time, you corporate are being fined for wasting the courts time.

This would be cheaper on every party involved. Once the FTC investigates and finds fault it should keep half the earnings and provide the rest to the complainants or some form of class action complaint submitted to the FTC.

Out of curiosity why has Macrumors not made a separate litigations section. Why is the general forum user care about litigations if it does not concern them. Is Macrumours main page a court registrar

Seriously Macrumors your audience is global, someone who has not a citizen of the Nation that a lawsuit is filed does not care to read it on the main page.

 

[Baymowe335]

Hey. That's mean. I love sprint. 2 iphones with unlimited everything for $90 a month.

And service that never works quite well enough.

 

[Jws]

From a layman's perspective, it seems like Sprint has a good case here. This is why it's good to have varied competition to hold conglomerates accountable for their actions and claims.

 

[zarmanto]

... The judge should redirect the complainants to utilize the proper procedure vice wasting the courts time and money in a trial. ...

I don't think you will find a single judge in the entirety of the US (or, quite possibly the world) who would make such a suggestion... as it could have the implied impact of suggesting that a given judge does not have jurisdiction to pass judgement on something. No judge voluntarily gives up that kind of decision-making power. In fact, some people have argued that the US courts routinely attempt to exert more power, than what was granted to them by the US Constitution, which could potentially upset the carefully crafted balance between the three branches of government in the US. Executive branch, legislative branch and judicial branch, all counterbalancing each other; if any one of the branches somehow becomes too powerful, there is no longer a balance.

... Why is the general forum user care about litigations if it does not concern them. ...

If you don't care about a particular topic, you are perfectly free to not read it or respond to it. I don't see how there's any actual problem, here.

 

[sub150]

And service that never works quite well enough.

I switched to Sprint in November when they ran a special for free service for a year if you BYOD, coming from Verizon, and I never have issues in a major city. Even in the boonies it's about the same. Verizon didn't have service in some places. In my underground parking garage at work I get better service with Sprint and can almost make it from garage-elevator-desk without losing service where Verizon cut out as soon as I was 10 feet in the garage.

As technology matures the law of diminishing returns sets in and the top players have less differentation from the bottom. 4 years ago Verizon killed Sprint but now I can barely tell a difference.

 

[NightFox]

It's "HD Ready" all over again!

 

[H2SO4]

It is pretty scummy of AT&T. And I know the costs of the suit will just get passed along to me as a customer. But I hope the lawsuit brings a lot of negative publicity to this practice and educates at least some of their customers.

There will always be customers who won't know or care or understand any of this, but they're not likely to be impacted in the same way as a customer who wanted the benefits of 5G but don't dig deep enough into the fine print to understand the deception.

It’s just as scummy if a handset manufacturer labels 4G as 5G when they know it isn’t, (or any other type of network technology).

 

[zarmanto]

... As technology matures the law of diminishing returns sets in and the top players have less differentation from the bottom. 4 years ago Verizon killed Sprint but now I can barely tell a difference.

Everything is a matter of perspective: In this case, suggesting that Sprint represents the "bottom" seems to me to be a bit misleading, since in the overall US cellular landscape, they are by no means the smallest carrier. Rather, they're just the smallest of the four "mega-carriers." There are still numerous other even smaller carriers across the nation.

 

[code-m]

I don't think you will find a single judge in the entirety of the US (or, quite possibly the world) who would make such a suggestion... as it could have the implied impact of suggesting that a given judge does not have jurisdiction to pass judgement on something. No judge voluntarily gives up that kind of decision-making power. In fact, some people have argued that the US courts routinely attempt to exert more power, than what was granted to them by the US Constitution, which could potentially upset the carefully crafted balance between the three branches of government in the US. Executive branch, legislative branch and judicial branch, all counterbalancing each other; if any one of the branches somehow becomes too powerful, there is no longer a balance.

Messy.

If you don't care about a particular topic, you are perfectly free to not read it or respond to it. I don't see how there's any actual problem, here.

MacRumors is now LitigationReports

Put it in its separate tab/section. It’s like one of your friends who goes too far to tell you some personal biological function was concerning. Visit a doctor, just like majority here are not lawyers or their opinion has no bearing on a legal proceeding. If you are interested go to the source, quite baiting a Rumours site with facts.

 

[zarmanto]

Messy.

Yup... but so too is life.

 

[Xenomorph]

So many people act like this is only an AT&T thing.

 

[willmtaylor]

So many people act like this is only an AT&T thing.

In this instance (and previously with HSPA+) it is/was.

I.e. No other carriers falsely advertise the technology nomenclature of their networks.

 

[ersan191]

So many people act like this is only an AT&T thing.

Because it is?

 

[BvizioN]

What puzzles me most is, as Apple continually publicly say how good, honest, truthful etc etc they are to the public.
Why would they ever agree to allow this 5G logo to be displayed on their phone in the 1st place, when they know it's sold purpose is to mislead less knowledgeable customers?

It is amazing how you still spin it in a way to make it look as though this is Apple's fault. Typical!

 

[Fidgetyrat]

If it is an improved 4G network it should be 4Ge, not 5Ge. There is no 5G technology involved at all. AT&T should lose for false advertising in my non legal opinion.

 

[Optheduim]

I love my services from AT&T, but I totally agree with this!

 

[ikramerica]

My iPhone 7 still tells me I am on 4G when I turn LTE off. Sometimes that’s more reliable as LTE has a nasty way of hijackjng your phone in fringe areas but not providing any data.q