iPhone class action lawsuit

Discussion in 'iPhone' started by jelveh, Oct 5, 2007.

  1. jelveh macrumors newbie

    Aug 31, 2007
    These guys are putting a class action lawsuit together against apple, I am all for it as I hope it puts more pressure on apple to open up the plattform:

  2. ucfgrad93 macrumors P6


    Aug 17, 2007
    I think its a load of crap.

    "You incurred a cancellation fee from your previous wireless carrier when you transferred to AT&T’s wireless service."

    How is this Apple's fault if Verizon, T-Mobile, or Sprint charge an early termination fee?

    "You incurred roaming charges while travelling abroad with your iPhone."

    Again, at & t charges the roaming fees not Apple. Are they going to go after other companies that charge roaming fees?

    This is just an attempt by some bottom-feeding lawyers to get money from Apple.
  3. aristobrat macrumors G5

    Oct 14, 2005
    The generic 'lawyerly' clipart on their site is very professional! Nottttttttttttttttttttttttttttt so much. :)

    Curious to see how far this goes.

    Anyone hear any updates from the first few iPhone lawsuits over non-removable batteries? Did Apple just give those folks money to go away?
  4. emotion macrumors 68040


    Mar 29, 2004
    Manchester, UK
  5. Passante macrumors 6502a


    Apr 16, 2004
    on the sofa
    Its amazing to see how many trolls the iPhone has brought to these boards.


    Oh and great first post. Can't wait for you second one:p
  6. Spanners macrumors member

    Feb 21, 2006
    Tunbridge Wells, UK
    Really? This is a load of crock! This is some spotty 13 year old who thinks they can scare Apple by pretending there is a case coming their way.

    I wouldn't be suprised if the site wasn't written by the OP. In fact I think he used http://websitetonight.net/ to do it.

    I'll be on my way now...
  7. jelveh thread starter macrumors newbie

    Aug 31, 2007
    I can't attest to the lawyerness of these guys, I just saw the link on macbidouille.com. I personally don't care if the lawsuit is based on 'moral' claims, whatever puts pressure on apple to open the plattform is good in my book.
  8. megfilmworks macrumors 68020


    Jul 1, 2007
    Sherman Oaks
    Please go away and take your warped logic with you!
  9. question fear macrumors 68020

    question fear

    Apr 10, 2003
    The "Garden" state

    Do you understand how the legal system works?

    Moral claims do not erase idiocy, or a clear lack of legal knowledge. This website is ridiculous. For starters, the "lawyers" involved don't provide credentials beyond "we're licensed to practice in California." Licensed to practice what, exactly?

    You can't sue for things that are clearly and boldly stated from the inception of a product. If I buy a camera that doesn't support RAW format, I can't bitch and sue the manufacturer for it if they never promised it to me.

    An overblown sense of entitlement is not cause for a lawsuit. Although I would suggest therapy to adjust expectations for anyone who actually wants to sign these damn lawsuits.
  10. RichP macrumors 68000


    Jun 30, 2003
    Motor City
    To the OP: Thank you for wasting our time, and if this class action got big enough, apples time.

    I dont understand why people consider the iphone different than any other phone out there. Not all other phones dont have open platforms; they require contracts, and incur the same fees.
  11. baby duck monge macrumors 68000

    baby duck monge

    Feb 16, 2003
    Memphis, TN
    Well I did some very quick research on Mr. Fernandez (one of the attys.), and it looks like he has originated a handful of cases that went to trial since 2000, and has handled a decent number of appeals in the same time frame (I only checked in Santa Clara County, the U.S. District Courts, and and California Courts of Appeal, so there could be some from other counties in CA). Only two of those cases appeared to be relevant to technology (appeals cases with Adobe as the opposing party).

    The guy is legit, but it's questionable as to whether he is really the sort of person you would want to rely on to take this case to court.

    Then I got bored and decided not to look up the other guy.
  12. scaredpoet macrumors 604


    Apr 6, 2007
    He's ambulance-chasing, plain and simple. Sadly, that is the state and origina of many calss action lawsuits these days.

    Assuming the lawsuit actually gets off the ground, here's what the settlement will look like: iPhone buyers will be given a choice of either A. a $5.00 iTunes gift card, or B. a $5.00 prepaid AT&T calling card.

    The calling card is obviously useless because you can't use it to pay your AT&T bill, and your AT&T iPhone doesn't charge you long distance anyway. Though if you do use the card (say, at a payphone), you'll be able to make calls at the "reasonable" rate of $.50 per minute, giving you a grand total of ten whole minutes.

    And getting the iTunes gift card will probably require you to jump through hoops, fill our paperwork and dig out your receipt, and basically do a lot of bureaucratic things that for most people, will not be worth the card they'll get in 6-8 weeks.

    Oh yeah, and the lawyers will probably get a couple million dollars in legal fees.

    Meanwhile, you'll still have a locked iPhone, and will no longer have recourse because as a member of the class, you've accepted this "settlement." Unless of course, you went through all the paperwork involved to notify the judge and counsel for both parties that you wish to be excluded from the class, and sent triplicate copies via registered mail to the courthouse, and the addresses of the law firms for each side.

    I'm not joking, and and this isn't an exaggeration. When I was a Sprint customer long ago, I was identified as a member of a "class" for two such class action suits, one for alleged scamming involving roadside assistance, and the other involving alleged scamming by the handset insurance program. These were the terms offered each time, down to the $.50 per minute rate (though they didn't offer the iTunes card... I'm just assuming that would be the case because this is an apple lawsuit).

    So yeah, it's going to be a total ripoff. Mark my words.

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