Apple and carrier partner AT&T have been sued on the ground that they have knowingly oversold the iPhone 3G, resulting in reduced network performance in places where many iPhone 3Gs are in use at once. The complaint, filed in a San Diego court by iPhone customer William Gillis, relies primarily on various Internet reports from the last two months, which state that initial (pre-software 2.0.2) iPhone 3G network power demands, combined with the “high volume” of iPhone 3G sales, have resulted in reduced 3G speeds and in some cases inability to use the 3G network.
The complaint also states that Apple provides no warning of possible issues on the product’s packaging. A disclaimer “points out to them to ask questions, to further investigate, or [for companies] to simply disclose complete and accurate information about the product,” the lawsuit reads.
“This is especially true in the case of the speed and performance of an expensive [device]; an important feature in any electronics device purchase.” Gillis is seeking class action status for the suit so that any affected AT&T subscriber in California could receive compensation. The suit calls for both Apple and AT&T to pay restitution as well as punitive damages.
