Two iPhone users, Kevin McCaffrey and Linda Wrinn, filed a lawsuit and accuses Apple and AT&T of knowingly distributing a malfunctioning phone. The iPhone maker, Apple, and its exclusive carrier partner in the U.S. are accused of a laundry list of infractions, which includes: defect in design, manufacture, and assembly, general negligence, breach of warranty, deceptive trade practices, intentional and negligent misrepresentation, and fraud by concealment.
The filed lawsuit is latching on to the reported issue some iPhone users are having with signal loss when the iPhone 4 is held in a certain way. The company already commented on this matter, they said that the problem is connected to device’s design, which incorporates the cellular radio into the metal band running on the outside of the phone, right where most people put their hands when holding the device. However, it’s still not clear if this issue will be resolved with by updating the software. The company suggested that customers buy a rubber case as possible solution, the even said that this problem common to any phone when held in that manner.
The class action suit says:
“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.”
As evidence of Apple’s mishandling the issues they mention the internal memo that was leaked to the Web in which AppleCare representatives were directed not to any provide warranty service to customers experiencing this problem. The petitioners also not happy by the news that when a reader wrote to Steve Jobs, Apple CEO, complaining that if he held the phone in a certain way he lost the signal, Jobs responded, “Just don’t hold it that way.”
The lawsuit is demanding for monetary damages as compensation and also to prevent Apple and AT&T from selling similar iPhone 4’s with defective antennas.
Last Monday according to Apple they sold 1.7 million iPhone 4 units worldwide through the first three days of sales.