Past week two Maryland residents filed a class action lawsuit against Apple, alleging negligence, breach of warranty, deceptive trade practices, fraud and misrepresentation. This all stems over their recent issues with their new iPhone 4 and its problems with reception, allegedly caused by issues with its external antenna. Industry experts expect this will be just the first of what could be many lawsuits over this issue.
The antennas of the latest iteration of the iPhone are built directly into the metal frame of the case. When the iPhone is held by users in the corner on its left-hand side, it often causes weaker reception because both external antennas are being bridged together by the user’s hand, which is either attenuating the signal or detuning the antenna.
In this case, the plaintiffs are alleging that both Apple and AT&T had to know about this issue before the phone was released, and that they both immediately had issues with reception because of this design flaw.
The suit specifically says that the plaintiffs were sold defective iPhone 4 units, which dropped calls and data service when held in a manner consistent with normal wireless phone use. It goes on to say that both plaintiffs have experienced numerous dropped calls and, as a result, have been left with a device that cannot be used for the normal purpose and in the normal manner in which the device was intended to be used.
They wanted to make the lawsuit a class action since the affected list of users is going to be in the millions.
The firm that brought the suit forward, Ward & Ward, PLLC and Charles A. Gilman, are currently seeking out other iPhone 4 users that have been affected by this issue.