Lawsuit Over AT&T's iPhone Exclusivity Gains Class Action Status

[Shanpdx]

They'll fix us. All iPhones will be unlocked in the US. All iPhones will cost $999.99 in the US and only work with US carriers. iPhones from other places won't work here.

Argggh. This is my nightmare.

right now $500 to $700 is the retail price smart phone range whether iPhone or Andriod HTC phones or Blackberry.

it is not that far away from $999.99 price you are saying, the smart phones price came down because of the quantity (and the mandatory data plan they sell with it) they can sell compared to yesteryear ...

 

[Shanpdx]

What makes you think they are spending anything on legal fees. Lawyers love these cases and take them on "No Win no Fee basis" The lawyers always hit the jackpot, these cases never come to court. There is almost always a settlement of some sort and the only one laughing all the way to the bank is the team of lawyers.

we (the iPhone users who completed their contract) do not need any $$$ just unlock it that is enough!

we will get the money from the second hand market or pass it others who can use it.

 

[emulator]

Isn't is just wonderful that all iPhone customers may eventually, after five years of litigation get a $5 coupon to buy AT&T accessories for their iPhones, while the class action lawyers pocket millions?

Who knows? I got $50 store credit from some iPod Class action a couple of years ago.

 

[hesdeadjim]

Agree

Although the actual Liebeck case concerned far more than just a missing label. McDonald's served coffee at 190 degrees, which the woman accidentally spilled on her legs. She got third degree burns and scars after that, and McDonald's offered a ridiculously low compensation. In my opinion, the outcome of the case was far more reasonable, and yet everyone sees it as a bad example of the typical 'lawsuit society' America supposedly has.

I think that the lawsuit is quite understandable, but I despise American class actions suits. Consider the thousands if not millions of people that join the lawsuit, it could hurt Apple or AT&T considerably. However, both firms should consider that not all customers want to stick with a specific operator just because Apple says so. In several European countries, this agreement has led to unreasonable prices in comparison to other non-iPhone data plans. I would love to see more competition between mobile operators. Let's hope Apple drops the operator exclusiveness after this lawsuit.

I saw this after I responded, but totally agree on both points. AT&T and/or Apple should unlock the phones after 2 years if the customer requests it. But this is not required in the US so I don't see a legal standing for the plaintiffs.

 

[DTphonehome]

And when can I order a Big Mac at Burger King?!!?

You are COMPLETELY missing the point (but in your defense, so are plenty of other posters). This is about the right to use the phone THAT YOU PAID FOR through a 2-year contract however you see fit after you have completed your contractually obliged service period. If I want to sell my phone, take it abroad, or use it on T-mobile, I AM UNABLE to even though I may no longer be a customer of AT&T and my phone is fully paid for. So, in effect, if you want to continue to use the phone THAT YOU PAID FOR, you MUST use AT&T!

And don't say, "oh it's Apple's product, they can do whatever they want, if you don't like it go somewhere else"... there are consumer protection laws in place in this country that almighty Apple has to follow just like anyone else. And I say this as a long-time Apple shareholder.

 

[jav6454]

This is asinine. The phone can't even WORK on other carriers because they all use different technologies and frequencies. What, are you gonna take your GSM iPhone to Verizon's CDMA network and expect it to work? Neither ATT or Apple promised you your iPhone would work on another network after two years. If you don't like it, buy a phone on someone elses network.

As for the continued monopoly claims regarding Apps, again if you don't like Apple's system, which they have been upfront about since the day it was announced, go with someone else. Nintendo, Microsoft, Sony, etc. all control what software is and isn't officially available for their devices. Should we start suing them too?

This!!!! 10000000000 times THIS over and over again!!!!

Some people are way too stupid or don't read the tiny print.

 

[kirk26]

Using a cell is a privilege, not a right. Don't like the rules, don't use it.

 

[kgignatyev]

Not for long

My wife is using a 3G with no data plan. It is not jailbroken. It doesn't get any Maps or apps that require data access unless she is on WiFi.

It used to be my situation too, but 2 days ago ATT automatically added data plan and charged me for 2 months!

I have spent 1 hour+ on the phone with ATT and the result: ATT automatically adds data plan to iPhone(and other smartphones) even phone does not use data network.

Basically they tax (or penalize) use of smartphone hardware as simple phone. Ridiculous!

http://kgignatyev.blogspot.com/2010/07/att-nothing-but-frustration.html

 

[kupua]

Proof?

This is so stupid... where is the evidence of proof of any re-neg? I've yet to see any proof of a NEW contract. It would be so dumb of AT&T to do so unless they were paid off for release of the contract... you know they want to stick it to iPhone users if they want out of there contract, so if Apple wants the same they need to live up to the agreement of shell out big bucks to get released of their 5 YEAR contract.

Flat out, its not coming to any other carrier till their contract expires.

provide the proof and i'll agree with you... haha

 

[nebo1ss]

I wonder how much a monthly contract for wireless service would cost if you didn't subsidize the phone? I still like my phone, but if I keep it longer than 2 years I'm overpaying for my phone subsidizing wireless service.

This is one of the problems with the ATT pricing. It seems perfectly reasonable to subsidize the phone for the first two years. However, when your contract is done you should get the same minutes and data for a lot less money. If you look at iphone contracts in Europe you will see this operating. You can pick up a new Iphone for anything between Free and full price depending on the monthly cost of your plan.

 

[nebo1ss]

It used to be my situation too, but 2 days ago ATT automatically added data plan and charged me for 2 months!

I have spent 1 hour+ on the phone with ATT and the result: ATT automatically adds data plan to iPhone(and other smartphones) even phone does not use data network.

Basically they tax (or penalize) use of smartphone hardware as simple phone. Ridiculous!

http://kgignatyev.blogspot.com/2010/07/att-nothing-but-frustration.html

Either move to Pay as your go with ATT or to T-Mobile. Vote with your pocket.

 

[Cartaphilus]

Although the actual Liebeck case concerned far more than just a missing label. McDonald's served coffee at 190 degrees, which the woman accidentally spilled on her legs.

Actually, we don't know the outcome of that case. There was lots of noise after the jury verdict, but the trial judge entered a remittitur lowering the award to $640,000 after which the parties settled for an undisclosed amount. This woman suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent, spent eight days in the hospital getting skin grafts and lost nearly 20% of her body weight, and then underwent two years of further medical treatment.

Like many other incidents, this case seems to be one where the facts of the matter get lost while people with fixed opinions cite it to support their long-held positions.

 

[Speedy2]

Some people are way too stupid or don't read the tiny print.

There has never been a tiny print saying "You have to stay with AT&T for an entirely undetermined amount of time after your contract ends to use this phone even as an iPod." has there?

I don't really get how RUMOURS about the alleged five-year agreement between Apple and AT&T can play any role in this lawsuit. For all we know, the agreement could last another 10 years, and everyone with their iPhones would have to stay with AT&T as long as AT&T chooses.

 

[theelysium]

Think!

All you folks that want the phone unlocked are dumb! What are you going to do take your GSM phone to a CDMA company and use it? errrr! What you think TMobile is better? I know by experience TMobile service fails in comparison to ATTs! The whole unlocking concept is a joke you just want to unlock it so you can feel like your sticking it "to the man"!

Apple & ATT have done nothing wrong you as a consumer knew what you were getting into to. If you want to leave Att then you can... Just enjoy your iPod touch! LoL!

 

[bluboi917]

Still dumbest lawsuit ever.

Now dumbest lawsuit ever to achieve class action status.

How is it dumb when AT&T's exclusivity contract ends before the users agreement with AT&T will?

 

[MarximusMG]

Effects?

If this lawsuit ended up progressing further, what would the effect be, if any, on the chances of a Verizon iPhone?

 

[Eosblue]

Just another example of the fact that the country has WAY TOO MANY SCUM BAG LAWYERS. And yes, if they are able to prevail in this law suit, the main result will be a bonanza for them.

I'm into my 3rd year now of IP service and I NEVER thought I would be able to use my IP with any other carrier except ATT unless I went the jailbreak route.

I believe that Apple has already announced that they will have a Verizon model available in January. The only way I would consider switching is if Verizon had a better tethering option (price wise AND GB max wise). However, with the limited traveling we do, this is NOT a Rubicon deal for me.

 

[Eduardo1971]

Isn't is just wonderful that all iPhone customers may eventually, after five years of litigation get a $5 coupon to buy AT&T accessories for their iPhones, while the class action lawyers pocket millions?

Ain't that the truth.

 

[diamond.g]

This is one of the problems with the ATT pricing. It seems perfectly reasonable to subsidize the phone for the first two years. However, when your contract is done you should get the same minutes and data for a lot less money. If you look at iphone contracts in Europe you will see this operating. You can pick up a new Iphone for anything between Free and full price depending on the monthly cost of your plan.

I seem to remember it being like that in the US for a while (along with the option for a one year contract). I believe it was deemed too complicated, and scrapped in favor of what we have now. One plan type for everyone to choose from (separated by minutes, you cant even get regional plans anymore).

 

[NoExpectations]

Lawyers are Idiots

Show me a Verizon (or Sprint) CDMA-only phone that will work on an AT&T (or T-Mobile) GSM Network.

Show me your AT&T Contract where it states "After 2 years, you are free to move your iPhone to ANY Wireless Provider".

Everyone signed a contract that required a 2 year commitment. After 2 years, you have 2 choices: 1) Continue with AT&T or 2) Drop AT&T. Your iPhone can not be used on any other network due to its current capabilities.

After your contract is up, if you want to switch carriers, you buy a new cell phone (usually at a big discount).

 

[Speedy2]

All you folks that want the phone unlocked are dumb!

Actually, people who believe that there is nothing beyond AT&T and the US are the dumb ones.

 

[Wurm5150]

If you want your 2 yrs old iPhone UNLOCKED, do it yourself or get someone who knows how to. AT&T will not do you the honor or any favor of unlocking it and leaving their network... The Cavaliers will throw LeBron James a going away party before AT&T will unlock your iPhone.

 

[organerito]

All you folks that want the phone unlocked are dumb! What are you going to do take your GSM phone to a CDMA company and use it? errrr! What you think TMobile is better? I know by experience TMobile service fails in comparison to ATTs! The whole unlocking concept is a joke you just want to unlock it so you can feel like your sticking it "to the man"!

Apple & ATT have done nothing wrong you as a consumer knew what you were getting into to. If you want to leave Att then you can... Just enjoy your iPod touch! LoL!

Some people just don't get it!

If you live and very limited world, it doesn't mean the others live in your tiny world. Some actually travel and work in different countries. (I don't mean going from New York to Texas or Arizona to a Tea Party or Gun Association meeting.) Some people go to another country and they just buy another Sim card.

 

[JediZenMaster]

This!!!! 10000000000 times THIS over and over again!!!!

Some people are way too stupid or don't read the tiny print.

+1

 

[Anonymous Freak]

I knew about the exclusivity, that wasn't a huge deal. (When I first signed on; as AT&T's service at my house got progressively worse, it has become obnoxious.)

What torques me off is AT&T's locking my new Family Lines into a 2-year agreement, when I added already-owned phones to it. When I upgraded to the 3G, I added my old original iPhone as a second line for my wife; they made that line, a customer-owned device that wasn't subsidized in the first place, a 2-year contract; with ZERO early upgrade ability. So, even though it was already my phone, bought unsubsidized, when it broke six months later, I couldn't upgrade to a new phone cheaply. Same with the bought-from-a-friend-who-upgraded-to-3G phone we added for my kid.

Went from one line at $60/month to three lines at $180/month, with the second and third lines being "customer-owned" phones that never had a subsidy, and they made all three 2-year contracts.

Of course, we only found this out after my wife broke her phone, and we went to upgrade her to the 3G, which AT&T had refurbished for $99. They said "nope - $499 please." After yelling at a couple billing managers, they agreed to sell it to us for $99, asserting that the 2-year contract on the extra lines was an error. (Of course, buying the 3G at the discount put her line on a brand new 2-year contract.) Then, a year later, my kid's original iPhone started misbehaving, and we went to upgrade it. Nope. Not eligible. This time, I didn't even bother arguing with a manager. The moment my wife's part of the AT&T contract expires (next January,) we're dumping AT&T.

For Verizon if Apple has released the iPhone on Vz yet, otherwise we're unlocking and moving our phones to T-Mobile. I'm sick of AT&T's bullcrap.

(Funny, we left T-Mob when the iPhone came out because AT&T had better signal at our house - meaning they HAD signal at our house. Now, T-Mobile has a perfect signal at our house, while AT&T sucks.)