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First iPhone 4 Class Action Suit Filed Against Apple and AT&T

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The first iPhone 4 class action suit against Apple and AT&T has been filed today in the United States District Court for the District of Maryland. The lawsuit focus on the antenna design problems, making several claims:

  • 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 been criticized by iPhone 4 users and media for the reception problems that seem to result from its faulty antenna design. While all cellphones experience a decrease in signal quality when you touch their antenna, the iPhone 4 design puts the antenna all around it, making difficult to avoid under natural handling of the phone. Cases started to appear in MacRumors.com and Gizmodo.com on June 23, one day before the official launch of the iPhone 4, from users who received their units earlier.

After those initial reports, thousands of users started to report reception and transmission problems in different countries around the world, which resulted in loss of internet connections and voice call drops and voice quality degradation. Other tests have demonstrated the antenna problems since then.

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. It is not the same iPhone 4 class action lawsuit currently said to be in the works by the California law firm that sued Facebook and Zynga.

Link: Lunarsoft

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So, no mention of the stuck proximity sensor problem. Some people think this is a software, not hardware, bug.

Meanwhile, Microsoft Exchange Server operators are also seeing their servers hammered by iOS 4 as well.

Extending the sync timeout from 30 seconds to 4 minutes is a workaround, not a fix as some news sites would have us believe.

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Lawsuit against Apple!

Maybe, just maybe, it will stop Apple being so arrogant and unhelpful towards its customers. Particularly for the recent iTunes accounts breakin.

Here's one example:

My next stop was Apple's iTunes customer service, where I explained the situation and asked what had happened to my account. And that's when the fun began.

Exactly how did someone gain access to my account? The e-mail I eventually received from Apple offered no explaination — just a recommendation that I change my password and contact my bank to remove the charges.

But I still wanted to know how someone had accessed my account. I checked my systems for unwanted password-sniffing programs but found nothing on two Windows 7 desktops, one Windows 7 laptop, and my MacBook Pro. Moreover, the content that someone had purchased was still in my iTunes download section. So what had the mystery purchaser gained by accessing my iTunes account? (There were no other fraudulent transactions using my bank account.)

As an IT professional who follows PC security issues, I took this event as a challenge. I tried to acquire the IP address of my identity thieves' computers, which might tell me where they were located. This Apple would not provide, stating it could not release this information without a subpoena.

(Susan Bradley, writing for Windows Secrets))

Apple can also track (online) every single stolen iPod/iPhone/whatever as soon as it connects to iTunes, but they refuse to do so.


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