First iPhone 4 Class Action Lawsuit Filed

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Posted July 1, 2010 at 11:58am by iClarified

The first iPhone 4 class action lawsuit has been filed against Apple and AT&T in the United States District Court for the District of Maryland.

The lawsuit was filed by Ward & Ward, PLLC and Charles A. Gilman, LLC. on behalf of Kevin McCaffrey, Linda Wrinn, and others.

It focuses on antenna design problems, making 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)

Lawfirm Kershaw, Cutter & Ratinoff is also investigating potential problems with the release of iPhone 4 for a possible class action lawsuit.

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First iPhone 4 Class Action Lawsuit Filed

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Steven c - July 5, 2010 at 2:17am

Yes i am also a victim of apple they nailed me with the 32gb and im about to return this s**t back to steve jobs ...hey count on me if you need more people for the Lawsuit ...i will love a piece of that pie 

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NIk - July 1, 2010 at 4:16pm

Come on people its just a phone... Sometimes in the real world things don’t always work the way these companies hope... I have sold electronics for over 10 years and let me tell ya sometimes they mess up... Its the way of the world, and there are way to many people that are trying to get a easy buck. I puchased the Iphone4, and sure there are some things that are fubar, but Apple will continue to make it better, just like they always do...

Nok - July 1, 2010 at 5:05pm

If 1 out of the 100 is defective, doesn't dismiss them from their responsibility to fix or refund that 1, all the more many in the wild.

nmk - July 2, 2010 at 12:07pm

the point is the lawyers get paid no matter what -- nothing is going to come out of this except the law firm and partners lining their pockets --- also if i recall correctly, just a few days ago they were actively seeking people to join the class action -- again, not going anywhere -- just how the lawyers maker their money

Hash - July 1, 2010 at 2:27pm

Don't you have 30 days to return the phone? I'm wondering the point of these class action lawsuits, since they just make the lawyers money and practically nothing for the average user. Anyways, iPhone 4 reception is a huge down-step compared to their other phones... Steve Jobs should be "magically" embarrassed...

Nt02 - July 1, 2010 at 12:37pm

If I bought an iPhone 4 today, can I get a piece of the settlement pie?

Me2010 - July 1, 2010 at 12:36pm

Apple made their bed. Time to lay in it.

Used - July 1, 2010 at 12:55pm

I like the iPhone and feel it probably meets the needs of the majority of the users. Traveling into Boston yesterday my reception was all over the place. Never was like that with the 3G or 3GS. One article on the web pondered the question if the reception debacle at the key notes was the first look at the reception issue. Interesting as will be this case

Me2010 - July 1, 2010 at 1:23pm

I have the same issue with the Kung Fu Death Grip but I can also understand that it is going to take time for Apple to figure out what it needs to do to resolve this issue. If I was Apple, I would offer people that are having this issue a policy return on their product. I would also put a note on their website that this issue is still an issue but is being worked on. If people still wish to buy the phone they are more then welcome to. Apple needs to show they are taking the necessary precautions to at least try and minimize this pandemic. As it stands right now and from seeing the troubleshooting steps Apple has put in place, it doesn't "seem" like they are trying very hard to appeal to their consumers. Even offering a bumper at a discounted rate for people having this issue would be at least something.

Nt02 - July 1, 2010 at 2:35pm

Apple is not a non-profit and and especially not forthcoming. So, they follow the most common corporate and legal policy - deny, deny, deny.