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Apple
Inc has been sued by iPhone customers in at least three complaints related to
antenna problems on its newest model.
Apple
launched the iPhone 4 last week to a huge groundswell of demand. But the launch
was also plagued by complaints from some customers about poor call reception on
the device when they held it in a certain way.
The
problems have been a hot topic on the Internet, but it is unclear how many
people have been affected. The issue does not seem to have hurt iPhone sales so
far. Apple sold 1.7 million new iPhones in the first three days.
A
putative class action filed Tuesday in the US District court for the Northern
District of California against Apple and AT&T Inc -- the iPhone's exclusive
wireless carrier in the United States -- includes allegations of fraud by
concealment, negligence, intentional misrepresentation and defective design.
"The
iPhone 4 manifests design and manufacturing defects that were known to
defendants before it was released which were not disclosed to consumers,
namely, a connection problem caused by the iPhone 4's antenna configuration
that makes it difficult or impossible to maintain a connection to AT&T's
network," the lawsuit said.
It
said Apple and AT&T have failed to provide customer support and customers
have been left with only thee remedies: "hold their phones in an awkward
and unnatural manner," pay a 10 percent restocking fee and return their
phones, or pay $29.95 to buy one of Apple's cases that are said to fix the
reception problem.
The
iPhone 4 represents a complete redesign over the previous model. A band around
the rim of the smartphone acts as its antenna.
The
company responded to user complaints last week by saying the antenna
performance of every wireless phone is impacted in some way by the how it is
held, depending on where the antenna is located.
Apple
and AT&T both decline to comment on Thursday.
In
another purported class action complaint filed on Wednesday against Apple and
AT&T, in the US District Court for the District of Maryland, Kevin
McCaffrey and Linda Wrinn said they were sold "defective" iPhone 4
units, which drop calls and data service, "when held in a manner
consistent with normal wireless phone use."
Both
suits cite emails reportedly sent from Apple Chief executive Steve Jobs,
responding to iPhone customers complaints' about reception. Those responses
were widely circulated on the Internet.
In
one response, Jobs said: "Just avoid holding it (the iPhone) in that
way."
The
cases are 10-02862 Goodglick v. Apple Inc, and 10-01776 McCaffrey et al v.
Apple Inc. et al.
The
shares of Cupertino, California-based Apple fell 1.5 percent to $247.80 in
midday trading on the Nasdaq. The shares of Dallas-based AT&T fell 0.4
percent to $24.18 on the New York Stock Exchange.
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