News: iPhone 4 Class Action Lawsuits A-Brewin’

Although it’s only been about a week since the iPhone 4 started ending up in people’s hands, there’s already been quite a bit of scandal related to antenna issues. The problem lies in that holding the phone in the left hand with the corner “cupped” can lead to a lowered signal for some users. Some have argued that it’s software, some say it’s hardware, and there’s already a class action lawsuit taking shape against Apple and AT&T.

A pair of Maryland residents couldn’t wait for Apple to officially offer a fix or the problem to be looked at more closely, so they have filed suit. Not only is Apple getting sued, but AT&T is named, as well:

“Plaintiffs were sold defective iPhone 4 units, which drops calls and data service when held in a manner consistent with normal wireless phone use,” the complaint reads (full text embedded below). “Plaintiffs have experienced numerous dropped calls, and as a result, Plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used. Plaintiffs are unable to return the phone without incurring a substantial restocking fee. As a result of the defect in the iPhone 4, Plaintiffs have suffered monetary damages. Defendants’ design, manufacture, marketing, distribution, or sale of the defective iPhone 4 has directly and proximately caused all class members to suffer injury.”

The suit goes on to accuse Apple and AT&T of a host of misdeeds, including:

• 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)

In our minds, wouldn’t the logical reason be to return the phones and wait for the problem to settle? The phones are well within their 30-day trial period. We’re not denying that this does seem to be an issue, but nobody is forcing anyone to use the new iPhone and it certainly seems like Apple is this month’s Toyota.

Also, here’s the actual document via Boy Genius Report.