Apple, AT&T sued again over iPhone 3G

Another lawsuit has been filed over the iPhone 3G's network performance.

(Credit: CNET)

Apple and AT&T are facing another lawsuit over the iPhone 3G.

This time, William Gillis of San Diego is suing the two companies, claiming that they "have misrepresented the speed, strength, and performance of the 3G bandwidth network," according to freelance journalist Justin McLachlan. Apple has acknowledged the complaints over the iPhone 3G's reception and has promised to fix the issues via a software update.

Apple was sued in August over the iPhone 3G by an Alabama woman who claimed that the company deceived consumers by promising that the iPhone 3G would be "twice as fast" as the original iPhone.

Gillis is taking a slightly different tack, according to AppleInsider: he's claiming that the companies knew that the volume of iPhone 3Gs sold would cause the kind of network congestion problems that occurred because they were aware of the iPhone 3G's power issues.

[Vegaman_Dan]

Looks like the lawyers have spotted themselves an easy cash cow. While Apple fully deserves it if it turns out they knew about the issues in advance, I don't like having technology controlled and directed by court cases.

[XxDonnyxX]

Of course AT&T Knew before. Their "3G" network was a joke BEFORE they released the 2nd Gen of their biggest phone ever. So i wonder what is going to happen when you add that load on top. Before all you ATT fanboys fire back, I know, I know.... "ATT is expanding their network by adding new towers everyday." I have been hearing that line when I left them 10 years ago. :o)

Can't wait til 2012 when the exclusivity contract with ATT is up with Apple.

[digitalhecht]

I hear ya. I now have sympathy for jailbreakers.

[digitalhecht]

This is just the tip of the iceberg for iPhone 2.0+. An even bigger headache has been third party apps. Take a look at this support forum thread:
http://discussions.apple.com/thread.jspa?threadID=1644828&tstart=15
OVER 25 THOUSAND views and almost 500 posts. I predict a class action lawsuit avalanche.

[joetesta70]

Serves them right for selling something that doesn't work.

[Vegaman_Dan]

Unfortunately as the radio chipset that is in the iPhone in the US *only* works on the frequency that AT&T's 3G network uses, it doesn't really matter if the contract is exclusive or not. Either you use AT&T with the iPhone or you have a brick. There is no other option.

[close5828]

Here's where I find the stupidity of people...

3G is still in its adolescence here in the United States for most carriers. AT&T rolled out their "3G" last year and has been expanding it. Some numbnut can't make a call on the 3G network indoors throws a fit and files a lawsuit. I purchased an iPhone 3G (two actually) at launch here in Los Angeles--the 3G network has dropped a total of two calls since then which is tremendously better than what I had w/ T-Mobile. If the phone switches to EDGE, then it switches to EDGE--I don't have a kitten about it and say, "I'm supposed to be getting '3G' in this specific location!!!" I get 3G in about 90% of the places I go here in SoCal; if I lived in Moosebucket, AK or Cowflop, WI and my 3G didn't work, I would be pissed too but take it into prospective. The priority of 3G buildout and quality is going to be in the major metropolitan areas (NY, LA, LV, etc.) and everyone else is secondary....it's coming, but not a huge priority. If you don't like it, don't buy a 3G cell phone (or iPhone for that matter) and wait for the network to build out more.

That said, my iPhone 3G now has "3G" service in my office (2 bars) whereas it had full bars on EDGE previously. Hopefully it continues...

[hafenbrack]

Not that I take offense to "Cowflop, WI", however I live in Madison, WI and my 3G coverage is better here than any of my trips to the West coast. I seldomly have as few as 3 bars on 3G and typically am at 4 or 5.

[cstewrun]

I haven't read comments below this one because I have to stop and agree here. Quit CRYING! The new iphone wasn't released until 2 months ago! At the core of this issue, isn't the unreliability that comes with ANY new tech hardware or software (where are you VISTA users!), it now becomes consumer irresponsibility. You have a new product, on a new network with an extended return policy (http://gizmodo.com/5014909/att-memo-to-retail-managers-shows-iphone-3g-policy). If you don't like it, return it. Do not hold on to it until your escape plan is all but bricked off, hoping and praying that it will start to work. Your patience will not pay off, not in the short run. Return the product, go out to dinner with your loved one (instead of waiting for that application to finally finished downloading), and enjoy yourselves. I can't believe this is what life has come to for some people.

[soulweaponry]

That's a rather tame and uncritical way to look at it. Considering i always have 3g coverage on my verizon phone EVERYWHERE i go, you're entire comment was pointless

Why do people feel the need to justify their decisions when they make a purchase? I just left ATT and sold my iphone 3g because i can look at things objectively. I can recognize when i'm being ripped off. I know some people are stuck in contract and might not have the money to pay the etf, but it doesn't mean you have to live in denial just to be happy

[joetesta70]

Skillingssucks : Go back to your trailer home.

[schmidtywsu]

They did say that it would be twice as fast, the small print lets you know that to get twice the speeds you have to be on a 3g network. It is the people that don't read the fine print that do stupid things like this. How about we use our court system for things that really matter, no wonder why I have to wait 2 months to go to court over a parking ticket, STUPID PEOPLE!!!!

[Earl Benzar]

Yet another example of why America is in decline. This moron Gillis decides to adopt a relatively new technology and product, and then whines when it has problems, which of course will get worked out. Instead of looking at himself and asking why he decided to adopt something brand spanking new rather than wait six months for the kinks to get worked out, he sees a cash cow and decides lawsuits are golden.

[heartattackman]

So let me get this straight...it's ok for a company to advertise that it's product does one thing, but then when it doesn't, It should be my fault if I try to get my money back? I'm glad you don't run any consumer protection agencies.

Would you accuse me of being litigious if I sued a car company b/c my car got 1/2 the gas mileage it was supposed to? Better yet, imagine that the car company denied there was a problem for months, despite the fact that 100,000 other people had the same issue. Would you tell me it's my fault for buying a brand new car?

I think one of the signs of the true decline of America is the fact that corporations run our country, cut our wages, eliminate pensions and get foolish people to think that when the corporations sell us something that doesn't work, it's our fault, not theirs.

[aka_tripleB]

This "new technology" isn't brand new, only the packaging is. 3G cellular networks have been around for about five years. I also believe that 3G phones came out shortly BEFORE the network was built. There is no reason for the iPhone not to work, because the technology inside has been proven that it does work. The only kinks there should be are interface ones if any, and those can be worked out with firmware upgrades.

[Shoogle2]

When will people stop believing everything the Apple marketing B.S. machine says? Results will vary, no matter what company it is. If you MUST have the latest version of everything Apple poops out, don't be surprised if there are some nasty surprises. Stop suing and become a smarter consumer, sheesh.

[fdunn3]

We don't seem to have any issues with the 3G Laptop adapters and AT&T. On top of connecting our users even need to use VPN and still no speed issues.

[techslut]

Hope they fix the problems soon. Having an iDud sucks.

[i-phony]

Sold my iphone today.At least I made back original price and cancellation fee(thanks craigslist).It was always dropping calls.The 3g thing didnt bother me much though my LG Voyager was faster.It seemed the phone worked better late at night.I had to reset it once a week or couldnt get on the internet.I live in NYC and i figured they would have enough coverage.I couldnt take the he said/she said between at&t and apple.Just fix the problems.I have a ipod and macbook that work fine but for me that phone was a disaster.Went back to Verizon.I think it is a apple problem though Ill never figure out why they would trust their reputation with at&t.

[skyfreedom]

I love my iPhone but i keep 3G off because it doesn't give noticeable speed increase over Edge and the battery lasts a lot less. What really makes me mad is my buddies Motorola Q from AT&T, it rocks on 3G i have tested the speed several times and it actually would be cool to have that performance on the iPhone!!

[Composer_1777]

Good, I'm glad consumers are getting their power back.

[Benf]

I have used my AT&T Motorola Q since it became avalable, my 3G performance is excelent thruout Los Angeles county areas, Orange County and the San Berdnadino / Riverside County areas of Southern California, The Problem is the iPhone not the Network,

[Geemge]

Seems to me the problem is the below-average technology user is dropping into the deep end with iPhones, expecting them to run at unrealistic speeds. People need to still STOP and realize it's a full computer with a complex operating system. Everyone knows we get internet connectivity issues with our Mac's and Window's machines, so why the heck wouldn't the same occur when we just turn it into a wireless, portable device.

Come on. Retards of America.

[NorCals_finest]

Ok, here's what I do not understand from all the apple-haters, Verizon, T-Mobile and Sprint fanboys...if you hate AT&T and Apple so much, why are you spending your time with their products and commenting on their services? The problem is clearly within the device and will be worked out soon enough. For you early adopters that are complaining do this for me. Name a cutting-edge, 3G device that has had the impact on changing the landscape of mobile devices like the iPhone, that was released in North America that has not had some growing pains. Just one is all I ask.

[littlejon2]

So, I don't understand why these people don't sue for not getting 'more shine' in their hair from their new shampoo. Giveme a break. It's an advertising slogan, which is clarified in the fine print. And, as others have commented, the 3G network is still in its infancy, relatively. Same with the iPhone. Any new technology undergoes a period of fine tuning and upgrading.

After all, the 3G iPhone isn't the first product to go through similar issues.

[cmacg21]

I'm a big Apple fan.... with that said I don't have a problem with people going after Apple or AT&T. When your stuck in a contract & your paying $15 extra per month for faster service you should either get a credit for $15 every month until they fix the issue or they should let you return your phone & let you out of your contract. Personally I like the phone even with its issues but would like to have the $15 credit per month until the issue is fixed.

[dirty55409]

AT&T and Apple belong together because they both suck. More bars in more places? Please, I know people who drop calls like bars of soap. ridiculous. not really broadband speed on your 3g iphone? Surprise!

[i-phony]

Yes, other companies have had problems but they admit them.Apple and at&t act as though they are getting ready for the inevitable lawsuit against each other.Man-up, admit the problem and fix it.Thats all people want.I like apple but they remind me of the smart kid in class who cant believe he got something wrong.My Voyager was called back for software twice.They fixed the problems and credited my account.Maybe that phone isnt considered groundbreaking but in one aspect it beats the i-phone. It actually works.