A lawsuit in San Diego, filed last week, is accusing Apple and AT&T of overselling iPhones. It’s being alleged that the companies promised fast 3G speeds, knowing that the thousands of customers would slow down the network to a crawl. The lawsuit also accuses the two companies of misleading customers over the speed of EDGE on the first iPhone.
We’ve covered the finger-pointing over who is responsible for the iPhone’s poor performance extensively, but even though there’s definitely been an issue with either the iPhone’s software or hardware, the huge numbers of users – particularly in California – will have put quite a strain on the 3G network, which previously saw only limited use.
The 18-page complaint also points out that there’s nothing on Apple’s packaging warning people that the 3G performance might not be as fast as they’re expecting. This seems like a mildly ridiculous demand to me, but that might just be because I’m British and as Bill Bailey might say, I crave disappointment. Americans love putting “Caution: Hot” on cups of coffee, so I can understand them not anticipating that an internet phone might be slow.
This is the second lawsuit in two weeks that refers to the speed issues which have plagued the iPhone 3G. The complainant is seeking class-action status, so any AT&T customer in California who has experienced speed issues would be able to claim too. I doubt it’ll get very far, but you never know – stranger things have happened.