First Class Action Lawsuit Filed

[faith4more]

Did you even read the lawsuit? The claims are not bogus by any means. Also why should I be forced to pay a restocking fee to return a defective product?

Not bogus you must be kidding me. Understand class actions are seldom about victims. Just way for lawyers to make money.

The phone actually works great. If anyone one is up in arms over having to pay a small restocking fee what is it $20 they probably should not be buying a smart phone. Point being this is not worthy of a class action. There are real victims in the world and iphone owners are not victims.

Headline lawyers make millions class action all iphone owners can return and pay no restocking fee. Sorry no emotional damage awards for all the time wasted trying to cup your hand just right to make bars go down.

 

[faith4more]

Think I will jump on board, sign the suit, receive numerous documents over the next 5 years, finally sign the last one and receive my check for 95 cents for my troubles. Well worth the effort.

With all the talk of the design flaw, Apple continues to sell them as fast as they can make them.

Kenal0

Kenal that is exactly how most class actions end. Funny

 

[Terdinus Asus]

So let me guess this straight.

This phone is so bad that it warrants a class action lawsuit.

And yet it is not bad enough to just return and be done with it?

 

[bfh123]

I sincerely hope that Apple points out that this lawsuit was filed before anyone's return window is up. The product isn't even out 14 days, let alone 30.

Unless the ambulance chasers in this one can prove that people have been injured by their iPhones, the generally accepted legal remedy for this sort of thing is, you return the phone for a refund.

+1


It's not like anyone is stuck with this phone. Return it if you're on happy. pathetic lawsuit hungry lawyer fail.

 

[diabolic]

So let me guess this straight.

This phone is so bad that it warrants a class action lawsuit.

And yet it is not bad enough to just return and be done with it?

That seems like a good summary of the situation.

 

[JoJoCal19]

Not bogus you must be kidding me. Understand class actions are seldom about victims. Just way for lawyers to make money.

The phone actually works great. If anyone one is up in arms over having to pay a small restocking fee what is it $20 they probably should not be buying a smart phone. Point being this is not worthy of a class action. There are real victims in the world and iphone owners are not victims.

Headline lawyers make millions class action all iphone owners can return and pay no restocking fee. Sorry no emotional damage awards for all the time wasted trying to cup your hand just right to make bars go down.

Class actions in certain situations are about obtaining compensation and in some situations are about forcing a company's hand to take action. Its been proven in past cases that it can work in either way. Of course the lawyers make out huge but thats the way it is.

And your point about paying the restocking fee is stupid and I feel sorry for you if that is your view. No need for me to brag about my salary nor my golf community home or anything but I will not pay $20 or even $5 to return a defective item. Why should anyone?

And yes as reported by myself and many others, Apple is trying to charge a restocking fee for returning the phone due to this antenna/signal issue because in their minds, "there is no issue".

 

[vrflyer]

Well there you have it, APPLE not living up to their "fanboy" standards, coupled by sloppy made electronics = lawsuit.

What - you didn't see this coming?

 

[JoJoCal19]

Furthermore you obviously haven't read the actual lawsuit filings because if you did, you would see the claims are actually valid claims. I'm not saying a lawsuit is necessarily warranted this early, but the claims being made are not bogus. I think this early in the game my biggest claim would be charging consumers a restock fee to return a defective item. When has this ever been acceptable in any industry?

 

[Shanewilliams]

Ironically, if you bought it from Apple, there is no restocking fee.



This class-action lawsuit was filed in the US, not the uk. If you folks across the pond are really getting shafted, I trust you have something equivalent and since presumably your society isn't as sue-happy, it might have some validity.

So you can return it without a restocking fee, how about us who paid cash for the phone? I was required to buy a gift card and then lay for the iPhone 4. So how do I go about getting my cash back if I were to return the phone? Because technically I paid for the iPhone 4 with a gift card. If I were to return the phone I'd want my cash back instead of a $212 apple gift card.

 

[WolfXL]

What about the hundreds of thousands that purchased it from other retailers? Yea I thought so.

If that is the case, and it is not at the direction of Apple, then it has nothing to do with Apple..and therefor would have no place in a CALS against Apple.

 

[kevwright]

Well here in the uk if you accepted your early upgrade on o2 you waived the right for your change of mind period to get out of the contract without having to pay it all off.
This seems unfair now that the phone isn't working for many people.

To be fair, I highly doubt that the phone "isn't working for many people" in the UK

In fact, all my testing indicates that if anyone does have that issue, NO cell phone would work for them.

I do however agree that the O2 UK issue about waiving your legal rights is likely ********, and any UK owners wanting to return would be advised to ask O2 if they will, and if not, contact the nearest Trading Standards office.

Kev

 

[jameszjn]

Steve has said: stay tuned.

 

[twigg]

I feel that this lawsuit is justifed, now im not asking for a free iPhone but just something that will relieve the issue at no cost to me. And the people who say "just return it", "it's just a phone", or "theres no issue". please ****. When i buy a product i expect it to be working properly. There is no other company (ok maybe a few) where people will dismiss and even accept a flawed product or arrogant company. If this was Microsoft, people would be going crazy and MS would do somthing.
And in regards to Gizmodo, yes they do have an obvious bias and slant but the accusations they make are somewhat justified. I dont go to them for "news" i go to them for intresting tidbits.

 

[Telecacher]

I finally heard back from Kershaw, Cutter & Ratinoff. Apparently their lawsuit in California is filed also. I'm guessing Apple won't own up to any of this, and will eventually settle. I'll gladly cash any check sent my way.

"Dear XXX,
Thank you for contacting Kershaw, Cutter & Ratinoff about your iPhone 4 problems. Our firm has now filed a class action complaint in California against Apple and AT&T, seeking relief for everyone who has purchased an iPhone 4. Please email us with your contact information, and we will keep you updated on the progress of the case through email. If the case resolves in favor of iPhone 4 customers, you will receive formal notice under the supervision of the court that oversees the settlement.

Thanks very much for contacting us, and take care.

Jennifer Wilkinson, Paralegal
jwilkinson@kcrlegal.com
401 Watt Ave.
Sacramento, California 95864
Phone 1-916-448-9800
Fax 1-916-669-4499
http://www.kcrlegal.com"

 

[atomicbatteries]

I Loved this part:
"seeking relief"

Apple's attorneys will tie this up so long we'll be using the iPhone 10 by the time this gets resolved.