Apple, AT&T hit by first antenna issue class action
Bill Boulware
Sent to you by Bill Boulware via Google Reader:
Apple and AT&T have been hit with the first class action lawsuit regarding the iPhone 4 antenna problem, with a filing in the United States District Court for the District of Maryland demanding trial by jury.
The lawsuit is focused on the antenna design problem, and makes several claims, Gizmodo tells us:
- General Negligence (APPLE and AT&T)
- Defect in Design, Manufacture, and Assembly (APPLE)
- Breach of Express Warranty (APPLE)
- Breach of Implied Warranty for Merchantability (APPLE and AT&T)
- Breach of Implied Warranty of Fitness for a Particular Purpose (APPLE and AT&T)
- Deceptive Trade Practices (APPLE and AT&T)
- Intentional Misrepresentation (APPLE and AT&T)
- Negligent Misrepresentation (APPLE and AT&T)
- Fraud by Concealment (APPLE and AT&T)
Apple has faced a hail of questions with the revelation of the problem afflicting the iPhone 4 when held in such a way that the antenna on the side of the machine are connected by a user’s fingers.
The company has issued a statement admitting the flaw and advising iPhone 4 users to "avoid gripping it in the lower left corner in a way that covers both sides of the black strip in the metal band".
Despite this furore, Apple has sold in excess of 1.7 million iPhone 4’s as of Saturday gone, and the device is selling out across the five serviced markets the device is currently available in.
The lawsuit was filed by Ward & Ward, PLLC and Charles A. Gilman, LLC. on behalf of Kevin McCaffrey, Linda Wrinn and a number of other iPhone 4 users. A second lawsuit is also thought to be pending.
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Danny W. Pimienta
Sent from my iPhone