Lawyer Claims iPhone Buyers Ill-Informed About Battery

The lawyer who has filed a class-action lawsuit against Apple and AT&T said Wednesday the companies duped iPhone buyers by failing to disclose how expensive it would be to replace the battery.

Larry Drury filed the suit last week in Circuit Court in Chicago, joining others in accusing Apple of failing to make clear to iPhone buyers how much it would cost to replace the battery. On Monday, the Consumer Protection Board in New York called on Apple to make replacing the battery easier and less expensive.

Drury told InformationWeek that Apple and AT&T, the exclusive service provider, sold the iPhone without fully disclosing the cost during its lifetime. "As a mater of policy and good business practices, they should have disclosed to the public, who is paying a considerable amount of money for this phone, exactly what it was going to cost them at the end of the day," Drury said.

The Consumer Protection Board echoed those allegations, saying in a letter to Apple Chief Executive Steve Jobs that Apple should "review its practices in disclosing contract terms and conditions, warranties and return policies." Board Chairwoman and Executive Director Mindy A. Bockstein said disclosures on the cost of replacing the battery should be more prominently displayed in Apple stores and online.

"A high-end cell phone shouldn't have to have low-end customer service," Bockstein said.

An Apple spokeswoman told InformationWeek the company does not comment on pending litigation.

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As far as i understand 99.9% of the people dont know and dont bother to know about things they buy in detail...

an average cosumer is not that tech savy as most if s here. ok now if i am to be an average cosumer and I know that 99.9% of the mobile phones out there HAVE a replacable battrey (or maybe i dont know that stat but i do know that 100% of the phones i have used in my life had a user replacable batt) and I AM going to buy an iPhone i would set in my mind by default that it would have a replacale battrey.

99.9% of the cosumers only by things they watch on TVs and adverts so it is the the companys (apple in this case) responsibilty to advertise it becouse they are launching a phone that is diffrent from others heck they advertise about every shinny thing iphone has and yet forget to tell some how how much will the battrey replacemet costs?

though i am sick of hearing about all these law suits, why cant everyone go his own way...

Why is it the when MS adds WMP and other stuff to WINDOWS it get screwed for being not competetive

and when apples shoves everything in to its os everyone SLEEPS :s

I am not a fan boy of both i just have used PCs as theyr less expensive to run and maintain... I am just looking for answers

*laughs hysterically*

Excuse me, I couldn't refrain. I guess I should start a class action lawsuit against car manufacturers for not giving me a list outlining the costs of replacing the parts in my vehicle. Not to mention if it's something major, I may be without a vehicle for a few days. And then there's that whole not doing my research thing and finding out all the facts before purchase. You want bleeding edge, you got it. Don't whinge because you didn't do your job as a responsible consumer and get all the facts before jumping in. Bet you'd dive head-first into a new lake just because someone told you it was the newest best lake with the best features and that it covers more area than any other lake, of course they didn't mention that it's only 6 inches deep, but that's not their problem, they tell you the good things openly, as any company does, you want the bad, you should check reviews and reports, the info was there for you before you purchased... why complain now?

Now, you seem to be a consumer who THINKS before they buy their product. And you're probably right, some of Apple's tactics (like iTunes only playing on iPod) are done on purpose to better Apple's presence in the market and ultimately, earn them more money. Just so you know, that's what businesses do: They make profits. I don't agree with it and I don't have an iPod. But in a free country Apple sure does have the right to make their product that way if they want to. And it's not like they hide this fact about iTunes. Just like they don't hide facts about their battery replacement.

Un-informed consumers need to take responsibility for the dollars they spend by taking a few minutes to research and answer their questions before throwing hundreds of dollars at the latest "in" product just because it's "cool". If battery replacement is an issue they should ask, not assume.

LTD: I'm as shocked as you! Oh wait a sec... I'm typing this on an iMac at work. Now you're probably more shocked than me ha ha.

End of discussion, if you can't research before you buy, then you should not buy something you don't know. People here in the USA will sue you for taking a **** in the wrong toilet. Why? BECAUSE EVERYONE WANTS MORE MONEY.

Apple sells it like that, because they want more money. People look for anything to sue, because they want more money. Simple? Thought so. =)

batteries go all the time.... I have no clue when and how much my battery for my phone is going to cost me.... Should i Sue? honestly some stupid people out there. Bad luck IMO iPhone is bad!

It's about time the people on NeoWIN (didn't that come from Windows and didn't this site start as a Windows site??? Where is the old Neowin?) realize that Apple and its products DO have flaws. Everytime Microsoft is sued the majority of people on here celebrate it and say Microsoft deserves it because "they suck," but when the same thing happens to Apple it's a "stupid" lawsuit. It's laughable.

fivehorizons makes a great comparison, albeit on a much more expensive scale, and he is correct. Why is it OK for Apple to do this? You guys know damn well that if Dell laptops came with sealed laptops that caused expensive battery replacement you would all whine and complain.

Im not an apple fanboy, but 2min google search brought up this: Iphone Battery for $25. For only $20 more, they will replace it for u and send back next-day.

http://www.ipodjuice.com/iphone-battery-re...nt-products.htm


And speaking for ipods, Yes, they too were not meant to be replaced by end-consumers. But its so friken easy. 5min job!! AND THE BATTERYS only cost $20. So its not that bad. The Ipod lcd screens themselves only cost $30-40 bux. So i think in 6 more months, replacement Iphone parts will be cheaper, and people can replace it themselves.

Thanks for the link. The battery replacement site is legit. I wonder how long the battery last anyway. People need to complain about this when there battery actually gets dies or cant hold a charge.

I don't get it, the iPod didn't have a user replaceable battery so why should the iPhone? Just because it's a mobile? People were ill-informed?? People should read the packaging before buying any 'new' product. If this actually goes all the way, it'll prove what a stupid lazy socitey we have.

Whether you're 'ok' with the battery or not is not the issue, if you don't like the product, you don't bring it to court. You just don't buy it.

So basically, had people read up and realized the iPhone was a PoS, they'd not have purchased it, and hence, there'd be no lawsuit. Makes sense to me.

this is a case of people living above there means
APPLE is just like any other company making money is there first objective

Yet another example of mindless sheep buying into the mindset that Apple products are some sort of premium because that concept has been spoon-fed to them through marketing. When its convenient, the Apple kids will spin it and say that Apple products aren't any more expensive than their alternatives, yet when need be, they'll flip and make it seem that Apple products are only available to the financially privileged and the socially-elite. With the iPhone, I think this lawsuit boils down to basically this; lots of people bought into the hype, realized they got a mediocre product, and are ****ed about it. Only they, unlike most Apple customers, aren't going to take it lying face down, as most Mac fanatics are likely to do.

Now run along and get back to biting that pillow, Jobs is feeling frisky again...

Yet again, the Reality Distortion Field is strong in this post. I can't believe how many people are ok with the battery the way it is, because its Apple.

the problem is that the iphone uses more power, and needs to be charged, if used with all its features regularly, about 1 time a day. Apple has said that the battery can sustain the good charge for about 300-400 charges. after that, you probably want to send it in. you can expect to pay the battery replacement about once every year and a half, or more.

I've never had to replace a battery on a mobile or an ipod yet so what's the fuss, it's not as though they go wrong that quickly imop.

this is just a typical ambulance chasing lawyer with the get rich scheme of 'class action'...everyone knows the actual consumer will get shafted while the lawyer gets paid 'millions'

So if a car company offered a car with a sealed gas tank that could only be replaced by the dealer, would that warrant a lawsuit? Or would it just indicate that the people who dislike the sealed tank didn't think about their purchase before buying it...?

What are you talking about? Comparing a sealed gas tank to a battery is completely off. Why would you want a gas tank that's not sealed? Would you want the gas to come out? Same for the battery, you wouldn't want the acid to leak out would you? Besides, you don't HAVE to take it to the dealership to have it changed, you can do it yourself.

A better analogy would be to say; the manufacturer of the vehicle created the gas tank in such a way that special proprietary connectors are needed to replace; which forces you to go to the dealership.

Anyway, honestly, how can people not have realized any issue with the battery? It's essentially an iPod with cell phone capability.

maxfactor said,
What are you talking about? Comparing a sealed gas tank to a battery is completely off. Why would you want a gas tank that's not sealed? Would you want the gas to come out? Same for the battery, you wouldn't want the acid to leak out would you? Besides, you don't HAVE to take it to the dealership to have it changed, you can do it yourself.

A better analogy would be to say; the manufacturer of the vehicle created the gas tank in such a way that special proprietary connectors are needed to replace; which forces you to go to the dealership.

Anyway, honestly, how can people not have realized any issue with the battery? It's essentially an iPod with cell phone capability.

I think he meant filling up the gas tank with gas.... granted it was a stupid comparison..

If he said something like... the gas tank could only be filled 100 times before you needed a new one which cost you $4800 (on a $30k car, that's the same percentage as what the iphone battery will cost you) and could ONLY be replaced by your dealer......

then maybe it would make more sense... but the problem is, there are apple fanbois who will buy this crap no matter what it does and praise apple for "Thinking differently." But if this was ANY OTHER company out there in the world who pulled it with ANY OTHER product, it would be the end of the world.

Wow, it was meant to be a simple analogy. SORRY for not covering all my bases and making a perfect analogy...

My point still is that this is a stupid lawsuit, and if you can't do some research before buying a product then too bad for you. People act like just because most cell phone manufacturers allow you to replace the battery that Apple should be required to do it too. If you don't like it, don't buy it!

As a side note, there are a lot of a**holes on this site.

I hope he wins, and gains some support for all the iphone/ipod users out there.... my 3g is 100% battery dead and i dont really have any choice but to send it back to apple, which i wont be doing

all apple fanboys will just say this is fair and a reasonable price, just because they dont know any better. they are too up on Job's balls to see how most of their products are way over priced. Sure its got some nifty features, but they arent really needed. Apple hid the price of the replacement batteries well into the 2nd week of the iphone being out. But we should also all expect apple to have this kind of mentality. Hell, Mac computers need the whole thing replaced if something goes wrong, unlike a pc where you can easily replace that part. I dont know how many times ive heard from a mac user , " i can tell my mac is going out, and ill just have to buy a whole new one." That just shows how un-user friendly they are. Apple just makes things that some people find nice and shiny, then jack the prices up for the apple logo, and then the masses of sheep flock to the field for a taste of that greener grass on the other side of the fence.
Those who bought the iphone are getting their just dessert though. In this day and age, to many people are buying to much crap they really dont need. I guess its time people learn..... or just keep wasting their money. A materialistic society has been brought upon by tv commercials, lack of parental guidance, and just a lack of self control.

If you can't afford to buy into the Apple Experience, that's your problem.

You're rambling. Top-tier, premium items have their market.

Who the **** are you to criticize that market and what that particular demographic chooses to buy?

I don't know what to say to you. Maybe get a better ****ing job, so you can buy all that so-called "crap" you don't really need.

Everyone bitches and moans about luxuries and gadgets . . . until they can afford them.

LTD said,
If you can't afford to buy into the Apple Experience, that's your problem.

You're rambling. Top-tier, premium items have their market.

Who the **** are you to criticize that market and what that particular demographic chooses to buy?

I don't know what to say to you. Maybe get a better ****ing job, so you can buy all that so-called "crap" you don't really need.

Everyone bitches and moans about luxuries and gadgets . . . until they can afford them.


And you are rambling as well. Most people who buy a "Top-tier, premium item" generally EXPECT a higher level of service and a higher level of product. The battery issue here seems to contradict the latter part. Look at Dell and their XPS line. You pay more but they offer (supposedly!) a higher level of service after the sale, which I would expect for their "premium" line. This really has little to do with affording the Apple experience.

Would you honestly like to own a Porsche and get crappy darn service or a crappy product for that price?

LTD said,
If you can't afford to buy into the Apple Experience, that's your problem.

You're rambling. Top-tier, premium items have their market.

Who the **** are you to criticize that market and what that particular demographic chooses to buy?

I don't know what to say to you. Maybe get a better ****ing job, so you can buy all that so-called "crap" you don't really need.

Everyone bitches and moans about luxuries and gadgets . . . until they can afford them.


I dont own a iphone, not because i cant afford it, but because i know its not worth what its tagged. And its true, that people buy too much crap they dont need. Hell, most people in texas own a SUV or Truck, but they dont use them for work, hauling huge loads, or going off road. They use them to go from home to the store, the store to the bank, and back home. A fool and their money are soon parted. Just because I have the money, doesnt mean I should buy it. I look at what features it offers, how it will benefit my life, how much i might use it, and then decide if the price justifies all of that.
"Who the **** are you to criticize that market and what that particular demographic chooses to buy?" Im a consumer, and part of the "demographic". I can criticize anything i want, because we all have that freedom. Maybe something i said hit some truth, or maybe your just always a mad person. But we all know the truth hurts when its shown in the right light. The Iphone is over priced for what it offers and does. No one will watch a movie on a screen that is the size of ur fist. Maybe on a car trip, but then, your better off buying a 150$ dvd/tv setup for your car huh. This gadget is just for those who dont know any better about what they really need. Who cares about wants, if its not practical, it doesnt matter.
Only allowing at&t as the provider is the first flaw. 2nd is the battery. 3rd is the price to keep everything functional on your iphone. 4th, to me, is its size. I dont want a phone that takes up that much space in my pocket.
Apple experience - getting ripped off. I get that experience every paycheck due to the government and its taxes.

LTD said,
If you can't afford to buy into the Apple Experience, that's your problem.

You're rambling. Top-tier, premium items have their market.

Who the **** are you to criticize that market and what that particular demographic chooses to buy?

I don't know what to say to you. Maybe get a better ****ing job, so you can buy all that so-called "crap" you don't really need.

Everyone bitches and moans about luxuries and gadgets . . . until they can afford them.

but you see this is just the kind of shopper that apple thrives off of, if no one questions them they will get away with charging anything they want for their products.

There is no way in hell you can justify them taking your phone for a week and charging you 80 dollars for a battery.

That's just retarded.

I'm not knocking the phone or it's features i'm knocking apple's lackluster support, and i think they should be forced to give more options.

The only thing "Premium" about the iPhone is the price.
No 3G.
No EVDO.
No HSDPA.
Wimpy 2 MP camera.
Bad battery life/no way to swap batteries.
Did I mention that the price is kinda high?
locked into one provider.
NO THANKS!

Doesn't your SIM card get blown away when you send your iPhone in for a new battery, too? I think I read that somewhere...

Just WOW.
People like apple so much that they don't even care if apple rip them off. The users are actually giving excuses for apple. :suspicious: Amazing.

To those saying it's not that much, I could get a replacement battery for my blackjack for dirty cheap. Hell, I found a deal on Amazon that garnered me a car charger, wall charger, and spare battery for $10 after shipping. I, nor anyone else, believes Apple should charge so little, but near $100 when all is said and done is a bit outlandish.

That must be the most stupid article of the day. No battery have unlimited lifetime. One day or another you will have to replace it and that's a fact. Apple, just like any other companies, are there to make profit and not tho ship freebies to poor-low-budget customer.

100$ to get a new battery including shipping? Fair enough!

Pip'

Pippin666 said,
That must be the most stupid article of the day. No battery have unlimited lifetime. One day or another you will have to replace it and that's a fact. Apple, just like any other companies, are there to make profit and not tho ship freebies to poor-low-budget customer.

100$ to get a new battery including shipping? Fair enough!

Pip'

How is it fair? 99.9% Of the cell phone designs out there use a replaceable battery design that the end user can replace at will. usually for under $40... come along the iPhone and now you can't replace your battery.... but ontop of that have to rent a phone and send back your new phone to be replaced with a refurbished one!

Lasker said,
It looks like you have a $75K a year job :P

If they can afford the iPhone, then they should be able to afford the battery replacement fee. If they were strapped for cash they had no business buying a $499 or $599 phone to begin with.

strekship said,
If they can afford the iPhone, then they should be able to afford the battery replacement fee. If they were strapped for cash they had no business buying a $499 or $599 phone to begin with.
AMEN!

Pippin666 said,
AMEN!

If they can afford it so much, then why even pay to have a battery replaced just to get a refurbished phone? Heck I can afford it, and I still wouldn't want a refurbished phone nor pay that much for a new battery.... but then again... I wouldn't pay $600 for a phone either...

Well, ****, Logitech didn't tell me how much it would cost to replace my MX1000's battery. I guess I oughta sue them and the CompUSA I bought it from for not telling me "how much the product would cost at the end of the day."

Actually, you can't replace the MX1000's battery without wrecking the mouse. For one thing, the screws the hold the mouse together are covered by the mouse feet. For another, the battery is held in a bracket that you have to break open to get the battery out. But I don't care: I bought my MX1000 back in 2004 and when it died earlier this year (the bettery is still fine, just the mouse died) I called Logitech sent me a new one for free. It's a hidden warranty. Shussh, don't tell anyone.

I just looked up batteries for the iphone and they ranged from 50 to 85 dollars. Does anyone remember the first digital cameras with the nicad packs? The camera cost $270- 300 and so did the battery pack. I really don't know why he's complaining to the point of litigation, on a lawyers income no less.. Go figure

This isn't the first mobile phone though is it?

Hey do you remeber those first 1mb hard discs? Wow they cost a lot too, the iPhone with its 4GB solid state is a bargain!

Man am I ever getting tired of consumers not doing their homework. Why is it Apple's responsibility to shove in your face the cost of replacing a battery? Do other cell phone providers have to do this? Do you think AT&T should say "here's a shiny iPhone but first let me outline how much all the extra's cost including a battery replacement!"

Apple "thinks different". That's why iPhone batteries are so costly to replace and that's why iTune tracks only work on iPod. This is in their right. And if the consumer is deciding where to spend their money it is their responsibility to get the information. As long as Apple has the information available they haven't done anything wrong.

"Low-end customer service" is not an automatic qualifier for a lawsuit.

Um.... other cell phone providers allow you to walk into a store, buy a new battery, and replace it right there within a matter of 5 minutes, all for like $40 bucks.

You don't think a customer should know that they will have to spend $80 and be without their phone for at least a week, or spend $100 to get a temp phone? Umm.... yeah, they should probably know that.

Apple "thinks different"? That's your excuse for them ripping people off? That's the biggest load of crap that I've ever heard. They do it so they can make more money. They could have had the same exact phone, just added a removable back door and some clips for a battery holder. Lets be serious. Name one other phone that doesn't have a removable battery.

Please, for the love of God, get off Apple's nuts.

Well look at all the other phones. You can easily take out the battery and replace it. Walk into a place and around the phones there's usually batteries so you can easily see how much they are if you happen to need an extra one or a replacement for a bad one. New battery for my phone is only $20.00.

Can't walk into a store and do that with the iPhone now can you?

I usually carry an extra cell battery with me incase mine dies and I have no way of charging it or incase it breaks. If I had an iPhone I couldn't do that. Battery screws up and you're screwed because you'll probably have to send it off and get a new one.

Having it enclosed like it is makes it look good, but it's really not needed.

Once again, the seas part, the heavens open, and C_Guy and I actually agree. I think we're headed for a record.

Apple "thinks different". That's why iPhone batteries are so costly to replace and that's why iTune tracks only work on iPod. This is in their right. And if the consumer is deciding where to spend their money it is their responsibility to get the information. As long as Apple has the information available they haven't done anything wrong.

Done.

Nemo, if you think I am on Apple's "nuts" you must be new here so welcome. And thank you for demonstrating how EASY it is for consumers to do their own darn research. How long did it take you to figure that out, a couple minutes? Do you think it's too difficult for the "average" consumer to do that?

Yes, a consumer should know how much time and money it takes to replace a battery so I guess they better do their homework!!!!

Now, you seem to be a consumer who THINKS before they buy their product. And you're probably right, some of Apple's tactics (like iTunes only playing on iPod) are done on purpose to better Apple's presence in the market and ultimately, earn them more money. Just so you know, that's what businesses do: They make profits. I don't agree with it and I don't have an iPod. But in a free country Apple sure does have the right to make their product that way if they want to. And it's not like they hide this fact about iTunes. Just like they don't hide facts about their battery replacement.

Un-informed consumers need to take responsibility for the dollars they spend by taking a few minutes to research and answer their questions before throwing hundreds of dollars at the latest "in" product just because it's "cool". If battery replacement is an issue they should ask, not assume.

LTD: I'm as shocked as you! Oh wait a sec... I'm typing this on an iMac at work. Now you're probably more shocked than me ha ha.

C_Guy said,
Man am I ever getting tired of consumers not doing their homework. Why is it Apple's responsibility to shove in your face the cost of replacing a battery? Do other cell phone providers have to do this? Do you think AT&T should say "here's a shiny iPhone but first let me outline how much all the extra's cost including a battery replacement!"

Apple "thinks different". That's why iPhone batteries are so costly to replace and that's why iTune tracks only work on iPod. This is in their right. And if the consumer is deciding where to spend their money it is their responsibility to get the information. As long as Apple has the information available they haven't done anything wrong.

"Low-end customer service" is not an automatic qualifier for a lawsuit.

Of course, it is their right to make the battery not user-replaceable in order to make more money.
However, it is definitely their fault that they did not announce the $86 replacement program until a few days after the phone went on sale.
Moreover, almost all other phones have user-replaceable battery and the cost is much lower than $86.
It is like you are selling a car that you cannot change your oil yourself or by third parties and you did not clearly mention it beforehand.
It is definitely understandable that people expect it is user-replaceable.
I don't think customers are to blame for not doing homework in this case.
And the fact that Apple did not announce the replacement program before selling the phones is a very strong point in the court for this law suit.

Whatever your contract with AT&T comes to. The battery should only START to show signs of degraded performance after 400 FULL charges. So, I think with average usage (draining say 30% of the battery each day), it will still be charging to 80% of it's original charge for about 1200 days = over 3 years. Even with heavy usage, draining the battery completely every day, you might get it down to 80% in a year, but its still usable after that...

Uh...it's an Apple product, of course it's going to be expensive to replace the battery!
It's a sealed unit. Not exactly a 3 min job to replace the battery.