Well, the first of what could be many lawsuits has landed on Apple and AT&T’s doors because of the iPhone 4′s antenna reception problems.
A law firm representing two Maryland resident has filed a class action complaint alleging negligence, breach of warranty, deceptive trade practices, fraud and misrepresentation over the iPhone 4′s antenna.
The iPhone 4 has a unique design in which the antennas are built into the metal frame of the body. Some users who hold the phone by the left hand corner have experienced weaker cellular reception, apparently because their hand bridges two antennas and causes either attenuation or antenna detuning.
The plaintiffs in the case reported that they immediately experienced problems on their phones due to the antenna design. They argue that Apple and AT&T knew about the problems before the launch of the iPhone 4.
“Plaintiffs were sold defective iPhone 4 units, which drop calls and data service when held in a manner consistent with normal wireless phone use,” the suit says. “Plaintiffs have experienced numerous dropped calls and, as a result, 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.”
The plaintiffs are seeking class certification because the list of affected users numbers in the millions, according to the suit.
This case is being brought by Ward & Ward, PLLC and Charles A. Gilman and is apparently not tied to a Sacramento law firm, which previously sued Zynga and Facebook over allegedly scammy ads. That Sacramento firm is currently seeking iPhone 4 users who may be affected by this issue so that could represent another suit facing Apple and AT&T.
Quote from: www.sfgate.com