Apple faces another 3G speed lawsuit

Jim Dalrymple
5 December, 2008
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Apple is facing another lawsuit claiming it misrepresented the data speed of its iPhone 3G.

Filed on November 26, 2008 in the United States District Court, Northern District of California, San Jose Division, James Pittman charges Apple with various complaints.

Pittman’s lawsuit claims the iPhone 3G had been rushed to market in a defective state and does not perform as Apple claims. The lawsuit claims a defective chipset and/or firmware are responsible for the iPhone not maintaining 3G speeds.

Pittman also claims that when in 3G mode, the voice service becomes unreliable. The type of unreliable voice service quoted in the lawsuit are dropped calls.

In order to get an iPhone 3G, users had to sign a multi-year contract with AT&T. Because of that Pittman is seeking class action status for the suit.

Among the charges are Negligent Misrepresentation, Violation of the Song-Beverly Consumer Warranty Act, Violation of the Consumer legal Remedies Act, Unjust Enrichment, and Unfair Competition in Violation of Business and Professions Code.

Apple and AT&T just filed claims to have another 3G speed lawsuit dismissed. A decision on that motion is pending.

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