Apple, AT&T Hit By First Antenna Issue Class Action
July 1, 2010
The vultures are out. According to Gizmodo, Apple and AT&T have been hit with the first class action lawsuit regarding the iPhone 4 antenna problem. This comes just two weeks after the newest iPhone was released in the U.S.
The suit, which was filed in United States District Court for the District of Maryland, demands a trial by jury. The claims against the companies are: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)The lawsuit was filed by Ward & Ward, P.L.L.C. and Charles A. Gilman, L.L.C. on behalf of Kevin McCaffrey, Linda Wrinn and a number of other iPhone 4 users. A second case remains possible in California. Class action lawsuits are tricky to prove and often times benefit the lawyers far more than the plaintiffs. In this case, the plaintiffs would have to prove the iPhone 4 has a design flaw. With 1.7 million devices already in the marketplace (and counting), the list of plaintiffs will continue to grow. In my opinion none of this will tarnish the image of Apple or of the iPhone 4. We're interested in hearing from our readers. Do you agree or disagree with the filing of this claim? If Apple and AT&T were to lose, what would be just compensation for iPhone 4 owners? Leave us your comments below.
