First class action lawsuit filed against Apple & AT&T over iPhone 4 issues

The first class action lawsuit against Apple and AT&T was filed on Wednesday in the United States District Court for the District of Maryland.

Gizmodo reports that the lawsuit focuses on the antenna issues that have plagued early iPhone 4 adopters. The suit makes several claims:

  • 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)

Apple's latest handset went on sale on June 24 and sold 1.7 million units in three days. Early signs of issues began when some customers in the U.S. began receiving their devices a day early on June 23. Thousands of users worldwide have reported the infamous antenna issue where signal quality degrades when the device is held with your left hand. Out of three iPhone 4 devices that Neowin purchased on launch day, two have the fault which is easily reproducible.

Steve Jobs' first reply to the issue was somewhat arrogant and void of any responsibility. "Just avoid holding it that way" he said in a reply to a customer email. The problem occurs when you grip the phone in your left hand, bridging both sides of the black strip in the metal band around the phone. Apple's PR outfit tried to play down the issue by claiming "gripping any mobile phone will result in some attenuation of its antenna performance." Apple's official response is to "use one of many available cases" to halt the issue.

The lawsuit was filed by Ward & Ward, PLLC and Charles A. Gilman, LLC. on behalf of Kevin McCaffrey, Linda Wrinn and a number of other iPhone 4 customers. Gizmodo reports it's not the same iPhone 4 class action lawsuit currently being considered by the California law firm that sued Facebook and Zynga.


Image Credit: Gizmodo.com

Top image credit: William Hook (Flickr)

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Apple always generates a huge amount of hype around the launch of new products and often fail to deliver, upon release of primitive builds of their products (i.e iPhone 3, iPhone 4, etc). Job's response to the issue was laughable, and I certainly hope ground is gained on the suit being filed. I strongly agree with TechJunkie81's comment. I purchased the iPhone 3G S from Telus here in Canada on the release day in November of last year, and was plagued with service issues during the first 2 days following product activation. Just two months later my iPhone began losing reception in areas with high service coverage, and had to be replaced with a brand new unit. Despite the charming new features built into the iPhone 4, I refuse to purchase it. In my opinion it is highly over-rated and the keyboard sucks for txting unless your sitting still, it is useless if your on the move.

Cheers

I haven't been able to replicate the issue at all on my iPhone 4. This thread is just a playground for the people who can't afford iPhone's so choose to moan about them instead.

A significant portion of these replies make me a little embarrassed for Neowin. I can't believe how hard people rage over a phone, company, or executive, or whatever it was that got everybody so upset. I can't imagine the people spouting this stuff online would ever want to be filmed saying it in person.

So I'm not posting simply for the sake of prolonging said argument, I'll contribute by noting that I do experience that issue, but not to the extent described. If I bridge the lower-left antenna with my hand, I drop one bar - this is reproducible. It doesn't significantly impact call quality - not to the point of dropping it, anyway (at least, it hasn't yet). This is a little annoying nevertheless, as this is almost always how I hold my phone. Still, this is the first time I've posted on the internet about it, and I haven't lost any sleep over it.

The lawsuit is an interesting move, but I don't think it's going to hold up in court. Like somebody noted above, you can't sue someone because their product wasn't good enough. It does function as a phone (believe it or not), so nobody is going to snag them on delivering a product that doesn't work. Unless they're violating some FCC ordinance or the nature of the antenna makes it a risk of some kind, the worst thing one can do to Apple is return the phone. That doesn't mean Apple won't do anything to fix the problem (in fact, I would agree it would bode poorly for them to ignore it), but I doubt anyone's going to be able to force them (legally speaking) to take action.

Plus the sensor issue.

I spend 3 or 4 hours on my phone a day.

Since upgrading from the iPhone 3G, I'm personally at fault for accidentally ending 35% of my calls (I've counted).

Even more embarrassingly, I spent two weeks showing people the video and telling and selling SPECIFICALLY about the new antenna. I look like a prick, by anyones standards.

I hope they sue them to oblivion. Both Apple and AT&T have to learn to provide good solid products and decent cellular coverage to their customers instead of overpriced Chinese made crap phones and coverage that can be described as less than good. Shame on you Apple and AT&T

Biotoxic_hazard_835 said,
I hope they sue them to oblivion. Both Apple and AT&T have to learn to provide good solid products and decent cellular coverage to their customers instead of overpriced Chinese made crap phones and coverage that can be described as less than good. Shame on you Apple and AT&T

Do you have one?

BoogieMAN2K said,
I just wanted to know, how many people is experiencing this problem, 1000, 2000, 100000? just for the sake of statistics...

I don't think anyone has done a head count. Even if it's 5, it's still 5 too many.

As with all manufactured products, there will be issues, which, over time are usually worked out. The antenna issue with the iPhone 4 will be resolved in like fashion. And because the issue only affect a small portion of the units, Apple's response appears appropriate in addressing the concerns of the end user. However, in this modern day, one would expect a device which is touted as being a great device, would actually perform in that fashion. Initially, I had opted to purchase an iPhone. But, after helping a friend with an AT&T embedded antenna [Lenovo Laptop] issue, and the difficulties she experienced with both support and the device, I changed my mind. Clearly, those who use the iPhone do it for the pleasure of having an iPhone - Apple Fanboys or [Gals]. Even though I'm certain Apple will step up to the plate a resolve this issue shortly, it does not bode well for Apple to mitigate the issue.

I honestly believe whoever buys iPhone 4 is a fanboy. You cannot replace the battery, you cannot make calls or they drop, coverage of ATT is junk. Why would anyone in their right mind spend $600+montly fees on this?

Andrey said,
I honestly believe whoever buys iPhone 4 is a fanboy. You cannot replace the battery, you cannot make calls or they drop, coverage of ATT is junk. Why would anyone in their right mind spend $600+montly fees on this?

Eh? Replace the battery? What for? It'll last for at least a couple of years and after that you can easily get an upgrade. Problem solved. The calls dropping problem isn't exactly something that someone who ordered an iPhone expected to happen. Not the original buyers anyway. I don't know anyone who has issues with their AT&T coverage except for specific areas, but that tends to happen with every provider. I do know several people who have issues with Verizon, though. As to the price with a contract... if memory serves, it's $200, not $600.

And before you go calling me a fanboy, no, I did not buy an iPhone 4.

Andrey said,
I honestly believe whoever buys iPhone 4 is a fanboy. You cannot replace the battery, you cannot make calls or they drop, coverage of ATT is junk. Why would anyone in their right mind spend $600+montly fees on this?

1. My battery lasts >24 hours with my day-to-day usage. That spanks any Android phone and I have no interest in carrying around a spare battery.

2. I have never had a drop call with AT&T and my coverage is just fine so long as I'm not in a big metal building. I get transfer rates between 2.5-3.5mbps downstream and 1.5mbps upstream.

3. I spent $299 not $600. Price ranges from $99 - $299 subsidized.

4. My monthly fees with AT&T including "taxes" and spurious extra charges is about $70/mo. Sure it is a very limited plan with 450mins (i have over 3000 roll over mins), 200 txts (I use Google Voice) and 200MB (I'm almost always on WiFi). But its affordable for me.

5. I guess you could call me a fanboy. I like Apple products because I haven't had as many problems with them as I have with other products from other manufacturers.

Andrey said,
I honestly believe whoever buys iPhone 4 is a fanboy. You cannot replace the battery, you cannot make calls or they drop, coverage of ATT is junk. Why would anyone in their right mind spend $600+montly fees on this?

Other than these issues that have arose the iPhone and its platform is far superior to many if not all smartphones on the market today.

Good. I hope it forces Apple to fix the problem and recall all current phones. This isn't quality control. It's an inherent flaw, whether it's in software or hardware.

Guess we all kind of saw this one coming..just didnt realize how soon..the fact is i am inclined to agree with Shadrack because if you know of a defect and decide to keep it then arent you to blame if something goes wrong??

Shadrack has a point. You can't sue to quality control. It might be bad PR but it's like the the EVO owners complaining about the battery. You can't sue HTC for not making it better. You can just hit them in the pockets where it counts. I own an EVO and my battery is just fine. I think the media hyped that one up a little more than they should have and the herd will follow. I think this is the same with the signal reception. I am aware that there are people who has this issue but I am also sure that some people "think" they have the signal issue.

The lawsuit is also going for fraudulent intent or deception. There are attacking it from every angle in hopes of making it stick somewhere on Apples teflon wall.

I think theres grounds to sue. When a phone can not make a call thats a huge design issue. Manufacturers are usually pretty unspecific with their battery results but for the phone to outright drop its connection it's ceasing to perform its primary action. Given Apple and AT&T know about the issue and have made no steps yet to rectify it (while still selling it) then perhaps a court case is appropriate.

Personally I'd wait another few weeks and see what happens, but I don't blame owners being ****ed.

You guys hoping for a recall and a fix are kidding yourselves. I'm hopeful for such a thing too...but I also see what happens in the courts and this sort of deal will hold no water. If you aren't happy with your phone then you have the option to return it for a full refund to either Apple or AT&T. A judge can't rule against Apple with a judgment of "Should have made it even better!" LOL! The whole thing is a subjective battle and unless Apple is breaking a known cell phone design standard, or their device causes some sort of harm, there really is no case here.

If this were an issue that developed after full refund periods, then that might be different. But everyone knew of the issue before the launch and has had adequate time to return their phone if they were unhappy about it.

No, everyone is hoping a judge will rule that Apple make everyone's phones better and give it back to them.

Shadrack said,
You guys hoping for a recall and a fix are kidding yourselves. I'm hopeful for such a thing too...but I also see what happens in the courts and this sort of deal will hold no water. If you aren't happy with your phone then you have the option to return it for a full refund to either Apple or AT&T. A judge can't rule against Apple with a judgment of "Should have made it even better!" LOL! The whole thing is a subjective battle and unless Apple is breaking a known cell phone design standard, or their device causes some sort of harm, there really is no case here.

If this were an issue that developed after full refund periods, then that might be different. But everyone knew of the issue before the launch and has had adequate time to return their phone if they were unhappy about it.

No, everyone is hoping a judge will rule that Apple make everyone's phones better and give it back to them.

Well not quite, a mobile phone from a legislative perspective: A hand held device is something that is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.
Therefore, from a legislative point of view, you can hold your device in any way you want.

zerrar said,

Well not quite, a mobile phone from a legislative perspective: A hand held device is something that is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.
Therefore, from a legislative point of view, you can hold your device in any way you want.

I hope you are right and I hope this holds water. Hell, I want to see someone stick it to Apple for letting this **** pass QA. But I think you are stretching a bit, mate.

Apple just has to show that a reasonable person can hold it without losing reception. They can also add fuel to their case by bringing in all the other cell phones that suffer from signal degradation when held particular ways.

Apple is going to lose face if they don't come up with a better solution than buy this $30 thing. But that may be all we get.

If you don't like your iPhone, return it. If everyone returns their iPhone that will stick it to Apple more than a law suit. The thing is, people love their iPhone and don't want to return it. They just want Apple to be forced to fix the issue for free so that their iPhone is even better than it currently is.

bluarash said,
I am glad you went to law school and are knowledgeable about such things Shadrack.

IANAL*

But I think you are hoping for the moon. If you don't like the iPhone 4, return it. That's all I am saying. Just like anything else. Just because you don't like how someone makes something doesn't mean you can sue them over it, especially if they are offering you a refund.

Besides, do you really think that Apple didn't run this whole scenario through their legal department before releasing. I think Apple knew of the issue and the consequences of releasing the phone as is.

Edited by Shadrack, Jul 1 2010, 3:19pm :

The monster finally rears its ugly head. They have already said that if Apple were to provide everyone who complained about the signal issue a bumper that they would not hurt their overall financials by any stretch of the situation. They have a large margin in each phone and the bumpers probably cost about .50 cents to make and a $1.50 - $2.00 total with packaging.

Apple wants to be stubborn and Jobs has got his head up his rear again. It's not the first time.

As always someone has to come in with the FanBoy remark on either side but in truth its nothing about being a Fanboy or a hater. It's just comes down to making it right for the consumer. Apple is clearly trying to stand their ground on this issue. They can make it a non-issue for some with bumpers. But in truth if it were me I would not want the bumper as the key selling point of the Iphone 4 was the metal band and the aesthetics. It's like driving A Ferrari around with a 1980's nose bra.

This will not make Apple recall anything. They didnt recall because of their customer complaints or because they wanted to do the right thing. Hell, the didnt even offer any discounts, free bumpers....nothing.

I guess you get what you pay for...

This is a non-story. Lawyers are scum and of course there was one hoping to sue this billion dollar company.

Honestly, I think Apple has screwed up and they better fix the antennas, but a class action lawsuit is just the lawyers trying to beat the other lawyers to get the money. It's not like the participants get much in the way of money, but the lawyers sure as hell do.

pickypg said,
This is a non-story. Lawyers are scum and of course there was one hoping to sue this billion dollar company.

Honestly, I think Apple has screwed up and they better fix the antennas, but a class action lawsuit is just the lawyers trying to beat the other lawyers to get the money. It's not like the participants get much in the way of money, but the lawyers sure as hell do.

Might be true, but then again, the court might rule that Apple has to recall their iPhone 4s and fix the issue with them on top of having them pay a hefty fine.

pickypg said,
This is a non-story. Lawyers are scum and of course there was one hoping to sue this billion dollar company.

Honestly, I think Apple has screwed up and they better fix the antennas, but a class action lawsuit is just the lawyers trying to beat the other lawyers to get the money. It's not like the participants get much in the way of money, but the lawyers sure as hell do.

Indeed, let's all hate on lawyers.


Until we need one. And they save our asses.

betax said,
To those who "don't see an issue", try holding the phone with your left hand.

Or finding an area with a weaker signal. As Neowin and Engadget reported, the mapping of the signal strength bars is non-linear. If you are at a solid 5 bars, you will probably only lower the signal to 4-5 bars. If you are at 4 bars you will lower the signal to oblivion.

Lucas said,
Don't hold it that way.

Easier said than done. When you're used to holding your phone in a specific way, it certainly takes a while to change the way you hold it. Still, I don't see why I should change that to begin with. The phones should be recalled and fixed... for free. Instead, Apple is trying to charge $30.00 for a patch-up job.

Metodi Mitov said,

Easier said than done. When you're used to holding your phone in a specific way, it certainly takes a while to change the way you hold it. Still, I don't see why I should change that to begin with. The phones should be recalled and fixed... for free. Instead, Apple is trying to charge $30.00 for a patch-up job.

Sorry, I meant to say: Don't hold it that way™

I'll stick with my Nexus One. ^^

Apple has got a lot of issues with a lot of their products. This is just the latest. While they are at it, it might be helpful to look at how useless iOS 4 is on everything except for the latest series of devices. My friend would also love to log a compliant about the temps of her latest notebook and the screen on her iMac (but that is a topic for another discuss).

bluarash said,
Apple has got a lot of issues with a lot of their products. This is just the latest. While they are at it, it might be helpful to look at how useless iOS 4 is on everything except for the latest series of devices. My friend would also love to log a compliant about the temps of her latest notebook and the screen on her iMac (but that is a topic for another discuss).

So your friend can contact customer support regarding his/her issues, or, failing that, speak with a lawyer about filing a lawsuit of his/her own.

She has talked to customer service. It got her nowhere. As for contracting a lawyer, she is a lawyer and a law professor. I think she has thought about it. She has talked with a number of her colleagues, but I don't believe they have any intentions of going forward at this point. I think she kind of has a love, hate "relationship" with Apple.

This is going to take years to resolve this issue. Just remember about the ipod scratches
on the screen. I got a nano ipod 1G ... it got scratched easy. Their was a class action
lawsuit. I just a check last year for that issue. That lawsuit took years to resolve. The
only people that make out on these lawsuits are the lawyers.

I can only hope this gets resolve faster then the nano ipod G1 issue.

It's not the antenna, enough already guys. Could everyone please torn off their GSM antennae so that I can make a call on my iPhone 4 please? I would really appreciate it.

r3drum said,
It's not the antenna, enough already guys. Could everyone please torn off their GSM antennae so that I can make a call on my iPhone 4 please? I would really appreciate it.

Do us a favor and stop talking.

Mr_Bub said,
I think the "Golden Age" of Apple is on the way out. Too many complaints these days.

I'd love to see Steve Jobs lose his fortune due to his lies, arrogance, and contempt for his customers.

dvb2000 said,

I'd love to see Steve Jobs lose his fortune due to his lies, arrogance, and contempt for his customers.

Unfortunately that's not how the world works.

dvb2000 said,

I'd love to see Steve Jobs lose his fortune due to his lies, arrogance, and contempt for his customers.

Success brings arrogance. And that is a reality in the business world. Remember Larry Ellison and Oracle?

spenumatsa said,
Success brings arrogance. And that is a reality in the business world. Remember Larry Ellison and Oracle?

What about Larry Ellison? he is still rich, still running a massive company and still rolling in cash. What is there to 'remember'? you're making out as if you were announcing an obituary for a person still alive.

rawr_boy81 said,

What about Larry Ellison? he is still rich, still running a massive company and still rolling in cash. What is there to 'remember'? you're making out as if you were announcing an obituary for a person still alive.

I was referring to a time when he was known as the most arrogant CEO in the business world.

They should sue them for using the word "revolutionary" far too many times while they're at it, it's misleading.

I honestly don't see a problem with this phone at all, just hold it differently, seriously /s

Billus said,
They should sue them for using the word "revolutionary" far too many times while they're at it, it's misleading.

I honestly don't see a problem with this phone at all, just hold it differently, seriously /s

This

Billus said,
They should sue them for using the word "revolutionary" far too many times while they're at it, it's misleading.

I honestly don't see a problem with this phone at all, just hold it differently, seriously /s

Stop for a moment and try to implement your own solution. Hold your own phone differently from your usual hold on it and see how long that lasts. People get used to doing things in a particular way if they have done it long enough. It's called a habit. Breaking out of a habit takes a nice long while, so what... people are going to keep getting dropped calls until they do? Come on now, be a bit realistic.

Metodi Mitov said,

Stop for a moment and try to implement your own solution. Hold your own phone differently from your usual hold on it and see how long that lasts. People get used to doing things in a particular way if they have done it long enough. It's called a habit. Breaking out of a habit takes a nice long while, so what... people are going to keep getting dropped calls until they do? Come on now, be a bit realistic.

Ok so now on the Internet a man can't even use th sarcasm tag and have his sentence recognised as such? Really?

macf13nd said,

Ok so now on the Internet a man can't even use th sarcasm tag and have his sentence recognised as such? Really?

It's used as the full '/sarcasm' or even /end sarcasm.

This guy was asking for it, get over it.

I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion.

Funny a lot of people have Toyota's and have no problems with the brakes or accelerators. Doesn't mean its just "bad luck" for those who got killed or had accidents, because of the design flaws and negligence on behalf of Toyota.

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

It depends what kind of signal area you're in. I don't have issues in one spot but I can replicate it in another...

Tom W said,

It depends what kind of signal area you're in. I don't have issues in one spot but I can replicate it in another...

If I'm on 3G, its fine. Never happens during a call. If I'm on edge and try, it sometimes does, sometimes doesn't.

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

It is being blown out of proportion because you don't have the problem?

(1/1.7x10^6)x100 = not important

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

You hold iPhone in right way! try to hold it the other way

dvb2000 said,

Funny a lot of people have Toyota's and have no problems with the brakes or accelerators. Doesn't mean its just "bad luck" for those who got killed or had accidents, because of the design flaws and negligence on behalf of Toyota.

I own a Toyota Camry and a Toyota Prius. And yes, i haven't had any issues with both of them what so ever.

Tom W said,

It depends what kind of signal area you're in. I don't have issues in one spot but I can replicate it in another...

I commute daily in a train for 50 miles one way. Though i loose the signal in some places because of spotty AT&T coverage, i haven't experienced the issue at hand. May be i am lucky then.

dvb2000 said,
Funny a lot of people have Toyota's and have no problems with the brakes or accelerators. Doesn't mean its just "bad luck" for those who got killed or had accidents, because of the design flaws and negligence on behalf of Toyota.

Excuse me but how the hell is a faulty aerial even close to a defect in a car that could lease to someone dying? get a grip and some perspective.

Minimoose said,

It is being blown out of proportion because you don't have the problem?

(1/1.7x10^6)x100 = not important

No. It is being blown out of proportion because a lot of people hate Apple. Even if i experience the issue at hand, i will mitigate it by other means rather than complaining about it because i know that any electronic device has issues, some small and some big. At the end of the day it is important whether i will be able to make and receive calls. And if i can do that, i am fine with it.

BTW, do you mind explaining what (1/1.7x10^6)x100 means?

rawr_boy81 said,

Excuse me but how the hell is a faulty aerial even close to a defect in a car that could lease to someone dying? get a grip and some perspective.

A defect is a defect is a defect. Normal thing to do? Offer customers a solution for free so they get the product they bought rather than trying to sell more of their products. ($30.00 bumper anyone?)

Now, this defect does not cause deaths, but it's still a defect in a device that's not exactly cheap. If I'm paying $200 and signing a 2-year contract, I definitely expect my money's worth. Not going to comment on people who paid $600 for their iPhone 4 without a contract. If it was a $15 phone, I would expect it to have some issues, but it's not.

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.
And the "it works fine for me" idiot's chime in. Look dumbass. This is not blown out of proportion. This happens with a LARGE AMOUNT of people.

rawr_boy81 said,

Excuse me but how the hell is a faulty aerial even close to a defect in a car that could lease to someone dying? get a grip and some perspective.

He wasn't comparing the severity or impact of the problem, he was pointing out that just because some people don't experience the problem it doesn't mean the product has design flaws. Some people have working XBox 360's from 2005/2006, an estimated 25%+ don't.

necrosis said,
And the "it works fine for me" idiot's chime in. Look dumbass. This is not blown out of proportion. This happens with a LARGE AMOUNT of people.

Yes. I chime in because it works for me. It is a dumbass like you who complain and cannot make a logical and meaningful conversation.

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

I guess if it works for you then everyone else must be wrong.

Odom said,

I guess if it works for you then everyone else must be wrong.

like that's what the judge is going to say.. "oh, it works for you? case dismissed!" LOL

spenumatsa said,
I have the iPhone 4 and i don't have any issues with it. This whole episode is being blown out of proportion. I am not surprised about the law suit as this country is a litigious society and there is a law suit even if you sneeze or cough.

Yes, because the world revolves around you and whether or not it can be reproduced, because if you can't reproduce it yourself, it dowesn't exist and all the very real cases and thousands of people (enough users to file a class action lawsuit) must be stupid, fake, and those people are idiots.

dvb2000 said,

Funny a lot of people have Toyota's and have no problems with the brakes or accelerators. Doesn't mean its just "bad luck" for those who got killed or had accidents, because of the design flaws and negligence on behalf of Toyota.


And at least Toyota is aware of the problem and issuing a fix for all owners, regardless if they are experiencing the issues.

spenumatsa said,

No. It is being blown out of proportion because a lot of people hate Apple. Even if i experience the issue at hand, i will mitigate it by other means rather than complaining about it because i know that any electronic device has issues, some small and some big. At the end of the day it is important whether i will be able to make and receive calls. And if i can do that, i am fine with it.

BTW, do you mind explaining what (1/1.7x10^6)x100 means?

A lot of people who buy the iPhone 4G and have this problem hate Apple? Just because you do not have problems does not mean that no one else does, which is quite evident due to the buzz it generated.

And that is the percentage you count for out of all iPhone 4G users, hence, your phone not having this signal loss is a tiny percentage and has almost no weight if the complaints about it are true and as widespread as reported.

It is ridiculous to release a phone which fails to perform it's main function.

dayle said,
shouldn't you guys be blocking the addresses of Kevin and Linda...

Why? There's a lot of money to be made soon. We need to know where to go

Deniss said,

Why? There's a lot of money to be made soon. We need to know where to go

This made me laugh :-) +1

dayle said,
shouldn't you guys be blocking the addresses of Kevin and Linda...

Once this suit starts to reach the general media (which it will in no time) you will be able to simply google their names and get everything from home addresses to credit card information... the miricle of the internet where fame comes with the price of no privacy.

damm it. File the class action. This issue stops me buying a long awaited iPhone for my mom. They should recall and fix it instead of telling us "hold difference" Apple recently is so lousy on making good products.

I think they should have to recall all these phones, make all those (fanboys) who upgraded and now cant use their phone downgrade and resign a contract and start to be charged the extra for network usage.

ernicoats said,
I think they should have to recall all these phones, make all those (fanboys) who upgraded and now cant use their phone downgrade and resign a contract and start to be charged the extra for network usage.

The phones are not unusable. They work absolutely fine.

ernicoats said,
I think they should have to recall all these phones, make all those (fanboys) who upgraded and now cant use their phone downgrade and resign a contract and start to be charged the extra for network usage.

Why would someone who upgraded and got defective hardware have to pay extra?

ernicoats said,
I think they should have to recall all these phones, make all those (fanboys) who upgraded and now cant use their phone downgrade and resign a contract and start to be charged the extra for network usage.
Wow. What a prick. I love how people are "fanboys" just because they buy a product. Seriously, shut up.

ernicoats said,
I think they should have to recall all these phones, make all those (fanboys) who upgraded and now cant use their phone downgrade and resign a contract and start to be charged the extra for network usage.

Wow, I wish someone could recall your ability to write the English language.

I looked over at the EVO issue threads and I don't see you complaining in there about another phone you don't have.

On my iPhone4 the issues cannot be reproduced every time. I have had a bumper on it since it came out of the box, so the I have never experienced the problem without taking the bumper off and purposefully causing it to happen.

The iPhone 4 has exceeded my expectations coming from a 3GS. It sucks that people are having issues and apple should fix it.

Anyone esle thing if the Engadget Guy's Phone wasn't deactivated or if he wasn't arrested, he could have found these issues, helping Apple fix them before launch.

Poetic Justice?

TonyLock said,
Anyone esle thing if the Engadget Guy's Phone wasn't deactivated or if he wasn't arrested, he could have found these issues, helping Apple fix them before launch.

Poetic Justice?

Engadget never had the phone. The person who sold the phone to Gizmodo turned on the phone. After that it had been deactivated by Apple.

TonyLock said,
Anyone esle thing if the Engadget Guy's Phone wasn't deactivated or if he wasn't arrested, he could have found these issues, helping Apple fix them before launch.

Poetic Justice?

Apple probably did find the issue before launch. Hence the bumpers.

TonyLock said,
Anyone esle thing if the Engadget Guy's Phone wasn't deactivated or if he wasn't arrested, he could have found these issues, helping Apple fix them before launch.

Poetic Justice?

Gizmodo, Engadget has better ethics than that piece of **** excuse for a tech blog.

dvb2000 said,
excellent news - Apple should certainly be forced to recall and replace them with brand new working phones.

You know what's funny? I got mine replaced yesterday... same issue... at least the yellowish line at the bottom of the screen is gone.

brent3000 said,
iPhone 4.1
Would have to be iPhone5 (which would start another crazy hype and wouldn't be available until they add new features) - Apple don't seem to add sub versions to their products like they do OSX