just a tad too early for a lawsuit... the phone has been out, what, less than a week, and Apple hasn't responded to the situation "officially" yet.
Until a press release is made specifically addressing or dismissing the issue, I wouldn't get your panties in a bunch just yet. Also to note, EVERYONE is still in the return window both with Apple and with AT&T, so you do have an option to keep the phone or return it. Apple is not forcing anyone to keep the phone at this point (unless you damaged it)...
If a known issue isn't addressed or responded to within the return window for the first sales, allow Apple to make a reasonable attempt to fix the problem or recall the device. If neither happen, THEN grab the sharks in the suits.