Personal Injury Law

Launch of Apple iPhone Gets Bad Reception

By Michael

A class action lawsuit could tarnish the shine of one of the world’s biggest brands.

The defective product lawsuit lists many complaints against the latest version of the Apple iPhone, as well as AT&T, the company which provides phone and data service to the phone’s users.

Filed by Maryland residents, the lawsuit alleges that Apple and AT&T are guilty of breach of warranty, deceptive trade practices, negligence, fraud, and misrepresentation.

According to the San Francisco Chronicle, each complaint addresses the allegedly faulty design of the new iPhone 4’s antenna.

The lawsuit claims that the placement of the antenna within the iPhone?s metal frame renders cell phone reception poor for people who hold the phone by the left hand corner. Somehow, the complaint says, such use prevents the antenna from working properly.

The plaintiffs claim that both Apple and AT&T knew of the shoddy design before launching the sale of the new product.

Reports indicate that the personal injury plaintiffs have experienced multiple dropped calls as a result of the product?s design, and as a result the plaintiffs cannot use the phones for their marketed purpose: making calls.

According to the defective product lawsuit, the number of affected customers could reach into the millions. Thus, the suit was filed as a class action claim.

In an email to the technology website engadget, an Apple executive recommended the following remedy to its customers:

?If you ever experience this on your iPhone 4, avoid gripping it in the lower left corner in a way that covers both sides of the black strip in the metal band, or simply use one of many available cases.?

This response has only given fodder for further backlash against the company, as many customers complain that such advice simply blames the consumer for reception troubles, and frees Apple from any blame related to reception issues.

However, others claim that antenna attenuation is a common problem for cell phones, and that this is a frivolous lawsuit.

Further, according to the New York Times, the latest edition of the iPhone actually gets better reception than previous iterations of the popular device. In repeated consumer tests, reviewers reported an increase in the range of the cell phone?s reception capabilities.

In fact, the same Times article suggests that a bigger controversy surrounds the computer algorithm created by Apple that determines the number of digital reception bars that are placed in the corner of the screen.

Apple itself has admitted that this algorithm is wrong and has sometimes misrepresented the actual strength of the users? reception.

While this suit may indeed be frivolous, it will soon have more company in court. In addition to the Maryland residents? claim, at least three other lawsuits have been filed in response to the allegedly malfunctioning antennas.

Full post as published by The Injury Blog on July 12, 2010 (boomark / email).