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Thursday, July 1, 2010

iPhone 4 Hit With Class Action Lawsuits -- First of Potential Cavalcade

Posted By on Thu, Jul 1, 2010 at 8:10 AM

click to enlarge iphone_4g_2.jpg
Pair of San Francisco suits regarding iPhone 4 join Maryland Suit. 

Those holding their breath until a lawsuit was filed over the propensity of the new iPhone 4 to get poor reception or even drop calls due to a supposed antenna problem can finally exhale. Apple and AT&T were yesterday hit with a class-action suit filed in Maryland district court -- and two more here in San Francisco.

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."

In short, the plaintiffs claim Apple and AT&T know they've got an iLemon on their hands and are refusing to respond to users' complaints or honor the warranty.

"The aforementioned actions of defendants were willful, wanton, malicious and justify the awarding of exemplary and punitive damages..." reads the suit in relation to all nine counts.

This is the first of a potential mother lode of class-action suits regarding the iPhone 4. A New Jersey and Massachusetts resident independently filed a pair of similar complaints yesterday in San Francisco Federal Court. Also, ominously for Apple and AT&T, the Sacramento firm of Kershaw, Cuttiner, and Ratinoff is trolling for dissatisfied iPhone 4 owners.  

You can read the entire Maryland lawsuit here at Gizmodo.

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About The Author

Joe Eskenazi

Joe Eskenazi

Joe Eskenazi was born in San Francisco, raised in the Bay Area, and attended U.C. Berkeley. He never left. "Your humble narrator" was a staff writer and columnist for SF Weekly from 2007 to 2015. He resides in the Excelsior with his wife, 4.3 miles from his birthplace and 5,474 from hers.


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