And so it begins. The so-called iphone 4 "death grip" has resulted in a class-action lawsuit, filed Wednesday on behalf of two Maryland residents who accused apple and AT&T of negligence, fraud, and deceptive trade practices, among other things.
Kevin McCaffrey and Linda Wrinn pre-ordered the iPhone 4 on June 15 and said the devices they received were "defective."
"[They] have experienced numerous dropped calls, and as a result, [they] 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," according to court documents.
It were filed in San Francisco a day earlier, separate cases that also alleged that Apple shipped the iPhone 4 with an unannounced defect, Bloomberg reported.
The iPhone 4 started shipping to customers in late June. Reports soon emerged that holding the phone with fingers covering the three black lines on the phone's edge and the bottom left corner caused its data reception to plummet.
Placing a cover on the device apparently eliminates death grip issues. Apple is also reported a software update that will alleviate connection problems.
Steve Jobs also weighed a death grip rumors. An Engadget reader e-mailed the Apple chief executive complaining that he loses reception when he places his hands on the steel bands. "Just avoid holding it that way," Jobs responded.
That e-mail exchange made its way into Wednesday's class-action lawsuit, which also mentions a similar response to a Gizmodo reader as evidence of Apple's negligence.
McCaffrey and Wrinn both pre-ordered two iPhone 4's on or around June 15. McCaffrey received his on June 24; Wrinn received hers three days ago.
"Almost immediately after the purchase of their iPhone 4 devices, both McCaffrey and Wrinn began to experience significantly reduced reception and performance when handling the phones as demonstrated in Apple's advertisements or as a reasonable person would handle a mobile telephone while making phone calls, browsing the Internet, sending text messages, or utilizing other services provided by the iPhone 4," the suit said.
The suit pointed to advertisements promising improved reception and improved service overall as examples of both companies' deceptive trade practices.
The duo cannot return their phones without incurring a restocking fee, the court said. Apple charges a 10 percent restocking fee on any opened hardware or accessory, according to its website
As a result, McCaffrey and Wrinn are suing for damages "and other remedies."
Overall, the suit accuses Apple of defect in design, manufacturer, and assembly as well as breach of express warranty. Apple and AT&T are accused of general negligence, breach of warranty, deceptive trade practices, intentional misrepresentation, negligent misrepresentation, and fraud by concealment.
In related news, there are also rumors that a California law firm is prepping an iPhone 4 class-action suit of its own. Gawker posted a link to the Web site for Kershaw, Cutter & Ratinoff, which is looking for people who are having iPhone 4 reception problems.
Tidak ada komentar:
Posting Komentar