iPhone Class Action Suits Hit Apple, AT&T
October 11, 2007 | by Geoff Duncan
New class action lawsuits have been filed, alleging Apple and AT&T are engaging in unlawful business practices by "bricking" iPhones and tying the iPhone to AT&T's network.
It was bound to happen sooner or later—well, we take that back: it was bound to happen sooner than later. Irate consumers are filing class action lawsuits against both Apple and AT&T, alleging the companies are engaging in unlawful business practices and illegal monopolistic behavior, The complaints center on service restrictions on the Apple iPhone which bind it to the AT&T wireless network, and Apple's recent iPhone software update which locked out third party applications and "bricked"—rendered inoperable—some number of "hacked" iPhones.
The two separate lawsuits were filed in San Jose, one in federal court and one in state court. Both are seeking class-action status. The federal case was filed by two law firms (one in Oakland, one in New York) on behalf of iPhone owners Paul Holman and Lucy Rivello, while the state case was filed on behalf of California resident Timothy Smith.
The federal case alleges that Apple and AT&T unlawfully conspired to prevent customers from using programs or services on the iPhone other than those specifically permitted by the two companies before the iPhone was released. One the iPhone was on the streets and unlocking solutions emerged, the suit alleges the companies then took additional stops to render inoperable phones which had been unlocked from the AT&T network, or which had third party applications installed. The suit cites Apple's September 24 warning to iPhone users, and claims the iPhone 1.1.1 update was designed "solely" to enforce Apple's illegal policies. All told, the suit includes six formal charges, including illegally stifling competition from third-party developers, charging a service cancellation fee o a non-subsidized phone, and making false claims that using a third-party unlocking solution would void the iPhone's warranty, and seeks damages in the range of $200 to $600 million for each count. The suit asserts "millions" of iPhone users will be impacted by Apple's actions.
The state case filed on behalf of Timothy Smith claims Apple is violating California's Cartwright Act by binding the iPhone to AT&T's network doesn't specify a monetary damage claim, but does seek an injunction which would prevent Apple from selling software-locked iPhones, and would force the company to honor warranties on unlocked iPhones.
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Martha Moore on Mar 1st, 2008 at 1:40 PM:
I have a complaint regarding service for my internet/telephone servies with Clearwire. They have not honored their verbal contract, let alone anything else. I was told when I first signed up with them one year ago, that "if service was not available in an area I moved to, they would cancel the contract." Although, they claim to have multiple towers surrounding my house, I am rarely able to complete a phone call, without significant "breaking up" throughout the ocnversation, resulting in multiple repeating the same conversation several times, so either/both parties understand what is being said. To date, I have called them at least 10 times, with complaints regarding service to this computer/phone. I have cried, begged, threatened, screamed, due to total frustration with their service. They have sent a tech out once only, and he said, the modem needed to be as high as possible and precariously balanced it on a hanging file rack. We have since placed it more solidly on top of tall 6+ feet computer desk. Unfortunately, it works no better here than it did on the file. They have sent out a new modem for replacement, but they are now double charging me for both modems now, and neither one works any better, and I had to pay the UPS shipping charges. No, I am not happy with this company, their service or "patches" they do not fix anything. They have only patched it up. While I do not blame the techs, they only do what they are told to do if they want their jobs, and I'm reasonably sure they have to eat and sleep somewhere, in other words, they need their jobs. I am so frustrated, I feel like if I had the means, I would put out a full page ad in every newspaper stating,"DO NOT USE CLEARWIRE, THEY ARE A RIPOFF." They take my money every month and do not provide the services as expected or even close to promised by contract.
Martha Moore
559.553.0564 if the home phone works, if not call my cell at
559.300.0950
PO Box 2402
Visalia, CA 93279-2402