Kevin McCaffery and Linda Wrinn, a pair of disgruntled Marylanders,
represent "potentially millions of class members." They allege Apple
and AT&T have hawked more than 1.7 million million "defective"
iPhone 4 units thus far; as is typical in such cases the plaintiffs
claim that the "amount in controversy" exceeds $5 million.
The suit charges Apple and/or AT&T with a bevy of misdeeds: General Negligence; Defect in Design, Manufacture, and Assembly (just Apple); Breach of Express Warranty (just Apple); Breach of Implied Warranty for Merchantability; Breach of Implied Warranty of Fitness for a Particular Purpose; Deceptive Trade Practices; Intentional Misrepresentation; Negligent Misrepresentation; and Fraud by Concealment.
The suit straightforwardly claims that "Plaintiffs were sold defective iPhone 4 units, which drops (sic) calls and data service when held in a manner consistent with normal wireless phone use. ... Plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used. Plaintiffs are unable to return the phone without suffering a substantial restocking fee. As a result of the defect in the iPhone 4, plaintiffs have suffered monetary damages."