Apple faces class action lawsuit over iPhone 4 reception

 

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By Nicole Kobie

Posted on 1 Jul 2010 at 17:20

A pair of dissatisfied customers have filed a class action lawsuit against Apple over reception problems in the iPhone 4 - and it's unlikely to be the only one.

Since the arrival of the latest iPhone, there have been reports of reception problems, with Apple telling users to hold the device differently to avoid disturbing the external antenna.

Plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used

Maryland residents Kevin McCaffery and Linda Wrinn filed the complaint against Apple and AT&T, accusing the firms of negligence, defective design and manufacture, breach of warranty, fraud by concealment and deceptive trade practices.

"Plaintiffs were sold defective iPhone 4 units, which drops calls and data service when held in a manner consistent with normal wireless phone use," the filing says. "Plaintiffs have experienced numerous dropped calls, and as a result, plaintiffs are left with a device that cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used."

The filing says the pair have been unable to return the phone without "incurring a substantial restocking fee". Unlike the US, Apple stores in the UK do not charge a restocking fee.

More trouble to follow

The Maryland case isn't the only one in the works. Earlier this week, Californian law firm Kershaw, Cutter and Ratinoff said it wanted to hear from anyone affected by reception issues, and claimed to have had an "overwhelming response" so far.

"At present, consumers' only remedies are to pay for a case that may fix this problem and make their phones usable, on top of the premium they are already paying for the phone, or to return their phones and pay a 10% restocking fee (or more)," the firm said. "We are looking to see what other remedies may be available."