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First iPhone Class-Action Suite Against Apple and AT&T

gizmodo.com — It was bound to happen. It seems that a guy called Trujillo has been the first to file a class-action suite against Apple and AT&T because of the iPhone. The reason? You guessed it, it's the battery. Read all about this Mickey Mouse lawsuit, including the entire complaint text, after the jump.

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yokozuka 1 year 118 days ago, made popular 1 year 117 days ago

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156 Comments
Who Dugg It?

bunkka, on 10/10/2007, -19/+7I don't think this has much of a chance....unfortunately
- unreg, on 10/10/2007, -8/+1Who's the babe with nice knockers behind Steve?
- jiub, on 10/10/2007, -2/+11How is that unfortunate? While I agree that Apple should include user-changeable batteries; it's not like they "design" a battery to fail after a certain time. It's a proven fact that no rechargeable battery will retain it's full capacity over it's lifetime.
  - rebrad, on 10/10/2007, -2/+2I hope they win. AT&T and Apple; a marriage made in heaven.
  - JerodSlay, on 10/10/2007, -0/+3They didn't design it to fail, but they do charge outrageous fees to change it out. Stop and think for 20 seconds just how much more the iPhone costs than any other phone. Now on top of that, include the battery. Now consider how much less it does. It's pretty ridiculous. It's pretty Apple
- streak, on 10/10/2007, -3/+2He should have sued over the headphone jack being recessed. Any other ideas? How about the display being real glass, which is more fragile than plastic. Apple doesn't warn us about any of this!!!!!
  
  /joke
  - hudson99, on 10/10/2007, -5/+1And why didn't they tell everyone you have to use AT&T?!?!
  - ffleming, on 10/10/2007, -6/+2Plastic scratches, the glass is very resistant to that Normal use of a phone has the screen getting poked by sharp bits of metal a lot more than a lot more than being stepped on. I don't really like the iPhone, but I have to give them credit where credit is due
    - streak, on 10/10/2007, -1/+2Pushaw! You'll never be successful looking at the positive side. If we're going to have a successful lawsuit, we must identify weakness and focus on only that.
- rpgmaker, on 10/10/2007, -3/+3Dugg because the guy has a dictator name :)
robwilkens, on 10/10/2007, -3/+32I like how the headline promotes this as the "first" one, implying that there will almost certainly be many more.
- hudson99, on 10/10/2007, -5/+7Name a tech product that has sold as many units as the iPhone already has (never mind how many they will sell), and hasn't had multiple class action lawsuits filed against the company that made it. There wil be several more, most probably as baseless as this one.
  - robwilkens, on 10/10/2007, -4/+3Better idea, name a tech product that has had 'any' class action lawsuit raised against it *after* *barely* *one* *month* *of* *sales*.
    - sv650touring, on 10/10/2007, -1/+7*just* *what* *are* 'you' *getting* at?***
  - Ndric, on 10/10/2007, -2/+4do *asterisks* make *you* sound *important*?
- cstrippie, on 10/10/2007, -2/+7It's very simple, as Apple's hottest new product always goes through 3 phases:
  
  1. Release hot new item everyone must have
  2. Due to some design flaw in the first release of the product, a minority (but a very vocal one), will experience problems. Apple normally denies fault in the begining.
  3. Class action lawsuit.
  
  The only unique thing here is that the plaintiff in this case has jumped the gun on #2.
  - tomi, on 10/10/2007, -6/+44. ???
    5. Profit!
  - apotropaic, on 10/10/2007, -1/+7Actually in this case it was a very large percentage that were experiencing problems. It was a minority that actually said something. Browser crashing, keyboard insisting you wanted to type something that you really didnt want, battery life... any of these sound familiar? The list goes on and on
    - JerodSlay, on 10/10/2007, -0/+1I would hope it's a minority. If more than half the phones had these problems, they'd really be up a creek.
TomPlansMedia, on 10/10/2007, -9/+9"The fact is that the iPhone battery lasts for more than "300" charges and doesn't need to be changed after that. According to Apple, the battery "is designed to retain up to 80% of its original capacity after 400 full charge and discharge cycles." "
- hudson99, on 10/10/2007, -0/+8Nice comment, directly quoting something already highlighted by the person who wrote the article.
  
  How about something they didn't point out, like the claim that the fact the battery is not user replaceable was "undisclosed to the public"
  - streak, on 10/10/2007, -1/+3Is that against the law? The plastic and other components will deteriorate with time, too. It's all under warranty. The battery is lithium _polymer_. Since the plaintiff hasn't demonstrated failure after 300 charge/discharge cycles under typical conditions (i.e., not at 120 degrees Farenheit or in rapid succession), and Apple apparently has data to support the claim of 80% capacity remaining after 400 charge/discharge cycles with a typical 2-day pattern, his will be an uphill battle.
  - zdiggler, on 10/10/2007, -1/+2In a Perfect World it will last up to 300 charges. If the battery get drained because its been looking for signal or talk for hours until phone get hot, etc battery life will be well short. accidently left it out in sun and phone is saying over heat that battery chemical will change due to temperature and shorten the life.
    - streak, on 10/10/2007, -0/+2What's the source of your information? According to Apple, the battery will still have 80% of its capacity after 400 cycles. The battery will not all of a sudden die after a few hundred cycles.
    - msgyrd, on 10/10/2007, -0/+2Leaving batteries out in the sun is personal neglect of the device. That's not Apple's fault. Every lithium polymer battery you buy comes with a temperature range advisory.
  - Firehed, on 10/10/2007, -2/+8Or, more significantly, that the claim is blatantly false. That was one of the *****-fits everyone was throwing right after the keynote introduction, and given Apple's not having said anything to the contrary and the fact that all of their other iPods are the same in that regard, it should have been plainly obvious to anybody. Not to mention the lack of being able to open the phone that you notice after playing with it for about four seconds.
    
    This is just a ***** looking for money.
- culbeda, on 10/10/2007, -4/+4And do you honestly consider that answer acceptable? I'm sorry, but when just about every other phone, PDA or portable media player has a better battery story than yours and you're charging $600 for your device, there's something wrong with your product. As for a lawsuit, I doubt it had legs. You had the ability to not purchase the product or return it, last I checked.
  
  The iPhone - Greatest phone/media player combo around... unless, of course, you actually want use the phone for business.
  - Firehed, on 10/10/2007, -3/+4If you don't find it acceptable, don't buy one. Simple as that. It's a trade-off for device reliability in other terms (like not having the battery randomly falling out or having a poor connection) as well as the design/form-factor. I made the trade-off knowing full well that it could be a problem in the future. I've had three iPods prior to my iPhone, and none of them had exhibited any battery issues - to the contrary, I could swear that I'd usually exceed the rated battery life per charge. As such, I don't see it being that big of an issue, especially considering the replacement cost of a battery is about on par with a first-party replacement for any other phone, and likewise for third-party substitutes in both cases.
  - streak, on 10/10/2007, -1/+1If you don't need a functional web browser or the ability to read html e-mails to support your business, then by all means, get a knock-off smartphone. The data plan for the iPhone is half the price of other smartphones, though, making the iPhone essentially free after 2 years. The iPhone has great battery life for talk time and the web. Even at 80% capacity it will still be great. You should try one sometime.
    
    As for the battery going dead while away from a power outlet, we are already seeing portable battery packs for iPods being certified to work with the iPhone.
fernB, on 10/10/2007, -9/+37YOUR honor would like to examen a FREE iPhone? Wink Wink...
A few moments late "Case Dismissed"
- voetsjoeba, on 10/10/2007, -7/+3ex·am·ine /ɪgˈzæmɪn/ -
  1. to inspect or scrutinize carefully: to examine a prospective purchase.
  2. to observe, test, or investigate (a person's body or any part of it), esp. in order to evaluate general health or determine the cause of illness.
  3. to inquire into or investigate: to examine one's motives.
  4. to test the knowledge, reactions, or qualifications of (a pupil, candidate, etc.), as by questions or assigning tasks.
  5. to subject to legal inquisition; put to question in regard to conduct or to knowledge of facts; interrogate: to examine a witness; to examine a suspect.
- tim04, on 10/10/2007, -5/+9douche·bag:
  n. fr. "douche", fr. French, fr. Italian "doccia"
  1. An object used for vaginal hygeine.
  2. An unattractive or offensive person (i.e voetsjoeba)
BryanJK, on 10/10/2007, -4/+15The iPhone hasn't even been out long enough for you to charge / discharge it 300 times on regular use =/
- cheesy, on 10/10/2007, -3/+8Exactly. This is silly. If anyone's battery were to die already Apple would replace it, no question.
AppleMacGenius, on 10/10/2007, -11/+3I bet Steve is pissed...he had to put on a tie for this. I'd be pissed just for that! But speaking as a former Apple employee, I think this guy just needed something to bitch about. Most batteries need to be replaced after a certain time and most good batteries do cost a little more. $80 dollars for a new battery from Apple is not a bad thing. Plus if it goes bat to Apple I would think they would make sure the device is still working with in Apple spec. So for $80 you get a new battery and the insurance that your iPhone is still working with in Apple spec.
- rootstyle, on 10/10/2007, -0/+4Former Apple employee, or former Apple STORE employee...
  
  80$ to replace the battery on a phone this new? I don't think so... but admittedly I'm sure the guy was just looking for a reason to sue.
- bitspace, on 10/10/2007, -0/+2uh... it's a photoshopped picture. *boggle*
  - ScrumFritter, on 10/10/2007, -0/+1Dugg for the use of the word boggle.
eternal, on 10/10/2007, -2/+17I don't understand why this is a lawsuit. If you do any research about the product at all, he would know about the un-replaceable battery. Now if the battery were to fail on him I could understand, but how can you sue someone on something that might happen.
- psiDevil98, on 10/10/2007, -2/+4You can sue someone for anything, but I see your point.
- TimmyGUNZ, on 10/10/2007, -0/+2I think his point is that they didn't make it readily known that the battery was not user replaceable. Not everyone spends all day on Digg and knew that the battery wasn't user replaceable. I can easily see how people would assume it would be based on the fact that every other "smart phone" on the market is.
  - Firehed, on 10/10/2007, -2/+1I doubt that anyone dropping $500-$600 on a phone wouldn't play with the demo unit for at least five seconds beforehand (or have done some research on it online first). Either scenario would have made it painfully clear that the phone doesn't open and, as such, the battery isn't user-replaceable.
    
    And, of course, let's also not forget that there's a plethora of iPod chargers available to use in the car, at the office, or anywhere with a plug (or without, in the case of the numerous battery-powered units), and that these chargers work with the iPhone as well. The iPod is so ubiquitous now that you can almost certainly find a way to plug in for a few minutes for a quick boost if in need.
- johnpaul191, on 10/10/2007, -2/+1you're right. he should have done his research.
  1) the battery IS replaceable, just not by the average user. dare i say it is as replaceable as an iPod?
  2) Apple said there will be 3rd party solutions for piggyback batteries if somebody is going to be away from a charging station for a long time. offhand there was an Apple branded thing like this for the original iPod shuffle. not sure where the specific iPhone ones are are, but the iPhone uses the same iPod dock connector, so car kits etc will charge it now.
MacParrot, on 10/10/2007, -7/+28I agree that this guy is an idiot. Sounds more like he's just trying to cash in.

However the lack of a replacable battery (especially if you're on the road and unable to charge it easily like on a long-distance flight) is one reason I was not interested in an iPhone. The small amount of storage as an iPod was another. I think the iPhone is some amazing gear...just not $500-600 of amazing.
- skoles, on 10/10/2007, -4/+12How often are you more than 36 hours away from ANY electricity in everyday life?
  
  Long trip? Use a car-charger.
  Long plane ride? Where the hell are you flying that's 36hrs non-stop?
  - xaxxon, on 10/10/2007, -0/+8where did the 36 hour number come from? It doesn't last nearly that long when being used other than to wait for a call - especially when playing movies.
  - tim04, on 10/10/2007, -3/+2not everybody wants to remember to recharge their phone everyday when they go to bed
    - Firehed, on 10/10/2007, -0/+4But everybody with a smartphone does regardless. It came with a dock and a wall-charger. It's not too difficult to drop the thing in there at night, unless you tend to sleep with a phone in your pocket.
- MacParrot, on 10/10/2007, -2/+1I once had a flight from Johannesburg, South Africa to London that was almost 14 hours non-stop. I've also been on multi-stop trips between DC and Manilla (San Fran/Tokyo/Seoul with 2-4 hour layovers) that have lasted almost 40 hours. The point is that you can't always count on being able to plug a device in for 4-8 hours non-stop to fully recharge it.
  
  Plus our travel service sucked. But that was probably obvious.
- pintomp3, on 10/10/2007, -1/+2i was kind of surprised when i heard the iphone didn't have a user-replaceable battery. with the ipod i could understand, many mp3 players don't have one either. but i don't think i've ever seen a phone where you can't replace the battery. i like to have a spare charged so i can pop it in while the other charges. also very handy when traveling.
- bradleyland, on 10/10/2007, -1/+4However? However what? Are we suing companies for designing products we don't want now?
  
  Complain about it all you like. Don't buy it. Whatever. But filing suit?
  - GreenAlien, on 10/10/2007, -1/+1One word: GREED
    
    I really hope Apple dont pay to settle. Assholes like that need to be taught a lesson.
michaelaranda, on 10/10/2007, -1/+31I want a Class-Action Suite.
- coit, on 10/10/2007, -1/+3I think he mean Class Action Sweet.
  - clackerd, on 10/10/2007, -1/+2I thought this was international news, and he meant a class action swede.
    - greenmountain, on 10/10/2007, -0/+2classy swede action
TheChihuahua, on 10/10/2007, -0/+31Oh come on, class-action SUITE? I'm beginning to think all the headlines on here go through a spelling *****-up filter before being posted, just to make sure it sounds completely retarded.
- anewname, on 10/10/2007, -1/+1Equally retarded is Jobs' speech bubble in the article. It reminds me of Idiocracy... "... he talks like a fag... and besides, we all know he's guilty!"
consonance, on 10/10/2007, -5/+4Has this guy ever heard of the saying "caveat emptor?"
kreatre2007, on 10/10/2007, -1/+9This one is so lame! He had to know this from the start or he should have asked questions before buying the product. The battery in my iPhone lasts about a day and a half from a full charge with me talking on it a lot, sending and receiving emails, SMS messages, etc. He should at least let the product fail before bitching. It's still under warranty.
- TimmyGUNZ, on 10/10/2007, -0/+1Are you really complaining? I am rooting for this guy to win. If this will cause Apple to replace batteries free of charge, or for a much greater discount, more power to him!
  
  This is one frivolous lawsuit I can get behind.
  - Firehed, on 10/10/2007, -1/+1So, what you're saying is that you bought a product knowing a potential issue in the future, and are hoping that a frivolous lawsuit goes through so that you can get out of doing what you'd have to do for any other phone? No wonder we tend to see little innovation these days.
    
    Manufacturer batteries for phones (or anything else custom-designed, for that matter) aren't cheap. A new battery for my old Crap-of-2004 phone would have cost me about $50, and smartphones are often a bit more pricey for replacements (simply because they can get away with it). Just as with the $7 extended-life replacement I got from who-knows-where, there will be (indeed - already are) third-party batteries available that are cheaper.
icon7, on 10/10/2007, -2/+5what an r-tard
37prime, on 10/10/2007, -3/+9Frivolous lawsuit. In addition to that it was not even prepared properly. Do the research thoroughly before filing any lawsuit. This one would be dismissed without prejudice, I predict.
kretik, on 10/10/2007, -11/+4"Some guy" filed a "Mickey Mouse" lawsuit? Awww, that's so cute. The battery is going to be a real issue down the road, but of course it's off-limits to talk about it because Apple can do no wrong. So, it's "Mickey Mouse" lawsuit all the way. I wonder what the headline would read if this was someone else being sued instead.
- MattInChicago, on 10/10/2007, -2/+3Yeah, same thing was said about the ipod. Yawn....
- hudson99, on 10/10/2007, -1/+1You seem to be implying that people's love for apple makes them blind to the facts, but I think you've got a touch of the H8 vision...
  
  1. The claims being made just on the first page of this filing are a mixture of the completely premature and unverifiable (need to replace the battery after 300 charges) and outright lies ("undisclosed to the public"). This suit would clearly be seen as ridiculous no matter what company/product was named in the suit.
  
  2. You "wonder what the headline would read if this was someone else being sued" - Does this mean you think "First iPhone Class-Action Suit(e) Against Apple and AT&T" is a headline that shows a pro-apple bias?
  
  Keep on Hating, I love you just the same...
IphtashuFitz, on 10/10/2007, -2/+10Heh. I bet the Apple corporate lawyers will get a good laugh out of this one. I wonder if the reply they file will be brief and polite or if they'll tear this guy a new a-hole....
andretii, on 10/10/2007, -9/+4Does anyone know if this is true?

"During the repair and/or service to the iPhone under the
battery replacement program, all data is erased from the
iPhone, included contact phone numbers, etc."

I'm just two steps from returning this thing.
- noahhoward, on 10/10/2007, -5/+2Highly doubt it. Store the data on the SIM chip and swap the chips.
  - podgey22, on 10/10/2007, -0/+2The SIM card can only store a very limited amount of data (~64k tops).
    
    Might be enough for some of your numbers but no real data or hybrid contact details (ones that have additional metadata that the SIMs contact standard cannot handle).
- hempydave, on 10/10/2007, -5/+1I never bought one never will , please return it. that's the only way they will make it better,they can save your data if they want to,they just don't care ipple is just another corperation
  - djpants428, on 10/10/2007, -1/+2So he should return his because you don't want to by one? That makes perfect sense...
- meatmcguffin, on 10/10/2007, -0/+2Why would that possibly be true? If the memory is volatile it will wipe itself should it lose it's charge but, unless Apple are using some strange type of flash memory, the storage in the iPhone is non-volatile .
  
  It could be that you hand the phone in and Apple employees hand delete all your contacts for fun.
- CraigJ, on 10/10/2007, -1/+2Yes, that's generally true. A quick trip to apple.com to get the info. A lot of work, I know... http://www.apple.com/support/iphone/service/battery/
- redboy, on 10/10/2007, -1/+13why does it matter? all your data is synced on your machine... you'd get it right back after the first sync
- frostieDude, on 10/10/2007, -1/+8You are too stupid to live. When you get it back you just resync with iTunes and it will restore your data. If you don't like that, cheap third party replacement batteries (~25 dollars) that you can swap yourself have alreadybeen announced.
- psimac, on 10/10/2007, -1/+4redboy2 is right. You may lose some of your missed calls, but your other data will all be there. This whole issue is stupid. I don't know anyone who's ever had to replace their cellphone battery.
  - AceTracer, on 10/10/2007, -1/+1You do not lose your missed calls, or anything else.
- clackerd, on 10/10/2007, -1/+2i'll take it off your hands if you can't grasp the idea of syncing.
- Firehed, on 10/10/2007, -2/+4Translation: we replace the phone and swap in your old SIM, so we can replace the battery in the old one and sell it as refurbished so you get your phone back faster. Dock the thing and sync the data to your new phone.
  
  Anyone who doesn't understand the idea of syncing data to their iPhone clearly doesn't own one (and doesn't own or has never owned an iPod of any variety), so I'm going to go ahead and call BS on your "threat" of returning it.
- AceTracer, on 10/10/2007, -1/+1All your data is backed up on your computer every time you sync. That's every missed call, text message, all your settings, your keyboard dictionary, and all of your media. So even if you completely brick your iPhone, it will be exactly as it was when you restore it. If you exchange your iPhone, it will be exactly like your old one.
- andretii, on 10/10/2007, -0/+0Who wants my address to come an try to kill me for asking "Does anyone know if this is true?" I will email. Thanks.
Buzski, on 10/10/2007, -2/+0I hope this doesn't even make it into court, that's like saying you didn't know the hard drive in a computer fails after a few years. The lawsuits are becoming ridiculous. This maybe a good thing though, it might finally push apple to make a portable device with a replaceable battery, they did it with the mice and keyboards, why's it so hard to do it with the ipod?
- frostieDude, on 10/10/2007, -1/+1considering that the wireless mouse and keyboard use only very expensive and hard to find high energy lithium AAs which can't be recharged, I prefer the current iPhone battery.
  - nicc, on 10/10/2007, -0/+0what?!
    not sure if you are being sarcastic regarding the keyboard/mouse batteries or not...
Aisha417, on 10/10/2007, -0/+6He has no chance at winning this. But someone was bound to climb up on their soapbox and have a bitch.
skellener, on 10/10/2007, -0/+7I don't get it. You have an issue with the phone because the battery supposedly only lasts for 300 charges. Well, if you are not happy about that, then don't buy it. Buy a different phone that has a battery that lasts longer.
richgustavson, on 10/10/2007, -2/+12Buried for using the phrase "after the jump".

THERE WAS NO ***** JUMP, *****.

Ahem. I feel better now.
- xaxxon, on 10/10/2007, -1/+3what exactly is 'the jump' that I keep hearing about? Does it have something to do with the ads that I don't see?
  - podgey22, on 10/10/2007, -0/+2Yes. Some people also use the phrase in the summary part that is displayed on the homepage (etc)
  - freehunter, on 10/10/2007, -0/+3It's designed for the teaser on the homepage of blogs. They print the first 300 or so words, then make you click the "read more" button, so they can save space and make you read more ads. After the jump means click the read more button.
lostradamus, on 10/10/2007, -2/+2Dugg for horrible spelling that made me laugh.
brianbb98, on 10/10/2007, -6/+14IM SUING FORD BECAUSE MY CAR WONT FLY!!!!!!!!!!!!!!!

this was never disclosed to consumers.

*shakes head*
- TimmyGUNZ, on 10/10/2007, -2/+2What if every other similar car on the market flew and has flown for years? Wouldn't it be safe to say that the assumption for the consumer would be that their car would fly unless specifically noted?
  - kelly, on 10/10/2007, -1/+1No.
  - Firehed, on 10/10/2007, -2/+1Two words: "Test drive"
masfenix, on 10/10/2007, -4/+0wow eh, apple isnt gonna hold back. I dont think the other party has a chance in hell of winning this thing.
http://www.fakebets.net
jordandiggsit, on 10/10/2007, -1/+14I bought an iPhone 2 weeks ago and the battery completed shocked me...

It lasts for HOURS AND HOURS BEFORE NEEDING A RECHARGE even while watching movies, listening to music, finding my way home on google maps, watching youtube vids, sending emails, surfing the web, taking pictures, and - oh yeah, i forgot talking on it.

I believe any sensible iPhone user can realize the benefits that this 'type' of battery has - even though it may need to be replaced.

ps. who has money for a $600 phone if they cant afford to replace a $80 battery???
- MacParrot, on 10/10/2007, -0/+2You should sue because you got shocked by the battery!
- GreenAlien, on 10/10/2007, -3/+1*puts hand up*
  
  I have $600 for a phone but not willing to pay $80 plus a load of hassle to replace the battery. Plus I want the flexibility to have a backup battery for holidays. I love the iPhone but some of the things Apple occasionally does is anal - and the battery is one of them. Apple always manage to mess up at least one thing that every other company gets right.
  - ignoranceisstr, on 10/10/2007, -1/+0There are products on the market to deal with this. I got two of these http://www.woot.com/Blog/BlogEntry.aspx?BlogEntryId=2534 when they were up, so I charge them and take them with me when I travel.
LeeSoong, on 10/10/2007, -2/+3Apple should move for dismissal. Toss it out!

The guy could talk to the salesmen before he buys an iPhone.

1. EVERYBODY knows iPhone and iPod batteries are sealed inside the case.
2. YOU the Consumer - have the RIGHT NOT TO BUY.
3. When you buy the iPhone with the sealed battery after they told you how it works - it's ALL on you.

(unless it explodes or something ...)

So, Why Sue? Don't buy an iPhone - go get a Cricket phone with unlimited loca minutes instead.
- clickmyface, on 10/10/2007, -0/+1Because Cricket has a coverage map that has less spots than a leopard? They have almost no coverage area and in few major cities.
- johnpaul191, on 10/10/2007, -1/+1the fact that it just surfaced less than a month after the phone was released is crazy. he should just have returned it.
milkmage, on 10/10/2007, -1/+1I was hoping he filed suit because of the exclusive deal between Apple/ATT in which case I'd join the class action (if it meant getting them unlocked) anyway this guy is a moron. one year? please. Apple's already stated that a charge cycle is a full charge (from empty to full) - which means if you use 25% of your charge every day, it will take 4 days to use one charge cycle http://www.macworld.com/weblogs/macword/2007/07/iphonebattery/
jolieve, on 10/10/2007, -3/+0I knew that iPhone batteries could not be replaced the way standard cellphone batteries could. That's exactly why I didn't rush out to buy one on release day.

This guy and his lawyer are dorks and I hope Apple's lawyer finds my comment on digg because that's all they'll need to prove their point in court.
BoxBoxBox, on 10/10/2007, -2/+1This just goes to show that the US Court system is backwards in their ways.

We now allow ignorant people to sue with ignorant claims.
It's Apple's way to exlusively leave the unit with a mouted battery.

Where was the guy when Nintendo needed to be sued over THE LACK OF AN INTERNAL battery in their Wii-Mote?
- freehunter, on 10/10/2007, -1/+1This just goes to show that the US Court system is backwards in their ways.
  
  We now allow ignorant people to sue with ignorant claims.
  It's Nintendo's way to exclusively leave the unit needing to have more accessories bought for it.
  
  Where was the guy when Microsoft needed to be sued over NEEDING TO PAY EXTRA for the battery pack?
zeppo, on 10/10/2007, -1/+5The bass player for Metallica is suiing Apple and AT&T?
- greevar, on 10/10/2007, -0/+1I was hoping someone would catch that. :)
pcsperson, on 10/10/2007, -0/+2It was just a matter of time before some one tried to sue. I mean if you can sue McDonald's for making people obese, this should not have surprised me.
cthellis, on 10/10/2007, -2/+0Can Apple counter-sue him for not knowing what a return policy is?
Stopher, on 10/10/2007, -1/+4I'm getting 2 days a charge. It's a non issue.
vfx2k4, on 10/10/2007, -0/+1Can I start a class action lawsuit against all frivolous plaintiffs and the ambulance chasing lawyers who enable their incredibly shaky legal assertions?
GNR73, on 10/10/2007, -5/+1I would have to say that this is a pretty stupid lawsuit. I am a huge Apple fan and I can't understand why some one would buy this phone in it's beta stage. Anyone with a i-phone is a unpaid test dummy for Apple.
Schroder3000, on 10/10/2007, -0/+3Haha. He bought the 4GB model.
TimmyGUNZ, on 10/10/2007, -1/+1I think the thing that will hurt them the most is that Apple can argue they had the right to exchange the phone when they found out the battery was non-replaceable. Although, with the restocking fee, that might get a little sticky.
Rkstar, on 10/10/2007, -0/+4Substantial Allegation #11: "Apple marketed it's iPhone..."
Case dismissed for plaintiff's ill-knowledge of "it's" vs "its".
Aren't lawyers supposed to proofread?
chrisutley, on 10/10/2007, -2/+1I want to form a class action lawsuit against the people that filed this class action lawsuit for filing a class action lawsuit in the first place. The phone is under warranty for crying out loud, what the hell could you possibly sue about? They are replacing phones for just about any reason right now, to avoid a bad first impression. Somebody apparently is suing for publicity or out of spite, they certainly cannot get rich doing this.
robwilkens, on 10/10/2007, -7/+2I'm the kind of person who charges their phone (not iPhone, though, I wouldn't waste my money) every night, because if I do it 'every other' night there are multiple days it will probably go without charging (I like routines, or I forget things). I like the idea of knowing my charge won't run out. Here's the thing, if the battery isn't replaceable, for me, that means after 1 year the *phone* *is* *defective* and I have to send it back to the manufacturer if I have an iPhone. Don't call it by design, because if I have to put it in the mail and send it to the manufacturer, that means it's broke. If any part of the phone is designed to fail (including a non-replaceable battery) then the phone is designed terribly (presuming the battery is the only the wrong with the phone, and that's not it).
- Firehed, on 10/10/2007, -1/+1Defective? An unavoidable failure will occur that's true of every other battery in the world.
  
  Let's not mention that this is true of every mechanical part on the planet. Ever had a hard drive die? Were it's innards user-serviceable? You'll have to put it in the mail and send it to the manufacturer - except, in this case, you can't get the contents back. By your logic, every hard drive ever made is defective. Same with the motors in optical drives. Same with your computer fans. Same with the shocks in your car. Same with every mechanical or chemical device you own - and most aren't user-serviceable. The battery in the phone isn't designed to fail any more than the tires on your car are, but that doesn't change the fact that it's inevitable with enough usage. And most people will take their car to a mechanic to replace that tire when it fails, even though they could replace it themselves with the right equipment and skills. The exact same is true with the iPhone, every iPod, and every other example I've given (though I doubt too many people have access to a clean room at home to do near-atomic level work that you'll need to repair a dead hard drive).
  
  Let's also avoid the shoddy math here, too. If you can charge every other night and get through the day (assuming you remember to do so), that means, at worst, a 50% drain per day. That's two days per battery charge cycle. Apple claims 400 cycles (800 days at your suggested usage) before the battery only retains 80% of it's initial charge. In other words, you've got more than two years before your initial eight hours of talk-time per charge is reduced to just over six hours.
robwilkens, on 10/10/2007, -7/+2I'm the kind of person who charges their phone (not iPhone, though, I wouldn't waste my money) every night, because if I do it 'every other' night there are multiple days it will probably go without charging (I like routines, or I forget things). I like the idea of knowing my charge won't run out. Here's the thing, if the battery isn't replaceable, for me, that means after 1 year the *phone* *is* *defective* and I have to send it back to the manufacturer if I have an iPhone. Don't call it by design, because if I have to put it in the mail and send it to the manufacturer, that means it's broke. If any part of the phone is designed to fail (including a non-replaceable battery) then the phone is designed terribly (presuming the battery is the only the wrong with the phone, and that's not it).
robwilkens, on 10/10/2007, -7/+2I'm the kind of person who charges their phone (not iPhone, though, I wouldn't waste my money) every night, because if I do it 'every other' night there are multiple days it will probably go without charging (I like routines, or I forget things). I like the idea of knowing my charge won't run out. Here's the thing, if the battery isn't replaceable, for me, that means after 1 year the *phone* *is* *defective* and I have to send it back to the manufacturer if I have an iPhone. Don't call it by design, because if I have to put it in the mail and send it to the manufacturer, that means it's broke. If any part of the phone is designed to fail (including a non-replaceable battery) then the phone is designed terribly (presuming the battery is the only the wrong with the phone, and that's not it).
robwilkens, on 10/10/2007, -7/+2I'm the kind of person who charges their phone (not iPhone, though, I wouldn't waste my money) every night, because if I do it 'every other' night there are multiple days it will probably go without charging (I like routines, or I forget things). I like the idea of knowing my charge won't run out. Here's the thing, if the battery isn't replaceable, for me, that means after 1 year the *phone* *is* *defective* and I have to send it back to the manufacturer if I have an iPhone. Don't call it by design, because if I have to put it in the mail and send it to the manufacturer, that means it's broke. If any part of the phone is designed to fail (including a non-replaceable battery) then the phone is designed terribly (presuming the battery is the only the wrong with the phone, and that's not it).
- roberto_deneero, on 10/10/2007, -1/+2Buried your ass for posting the same reply 4x. Learn how to use a computer.
clickmyface, on 10/10/2007, -1/+2Class action? More like Ass Action.
- ThankTheCheese, on 10/10/2007, -0/+1Peter Griffin? Is that you?
dmcbride6, on 10/10/2007, -1/+1The only thing that deserves a class action lawsuit is the requiring of 2 year contract (considering they are forcing us to buy the phone at full price).

With that said...I love my iphone :) and to be honest, att's wireless service is quite nice - far far better than my t-mobile phone I just got rid of.
greevar, on 10/10/2007, -2/+1The truth is, that it's a Lithium Ion battery like any other rechargable device. This type of battery, whether your charge it nightly or not, will lose 20% of it's capacity each year. So after one year it will still have 80% of it's capacity. After about 3 years it will have roughly half its capacity. So, the lawsuit is pointless. Still, the iPhone is still an over-priced smartphone that's trying to pretend it's innovative. It's a smartphone/media player with a touch screen. History has taught us that you can't be everything to everyone all the time. The more you try to do, less you do it well.
NSResponder, on 10/10/2007, -2/+3This needs to be dismissed with sanctions. The guy is obviously hoping that Apple will just pay him to ***** off, and he knows that the suit is frivolous.

-jcr
greenmountain, on 10/10/2007, -0/+2There may be more to this than is obvious to us here, who have been swamped in info, rumor, madness around this thing for some time.
Not everyone is this well informed.
Is there actually no mention of this anywhere in the box, in the docs, etc?
When did Apple actually announce the battery details?
Apple definately in fact did Not announce the expensive replacement program
until after the phone went on sale.

It is reasonable and normal to expect a replaceable battery.
This could be interpreted as it being unfit for its stated purpose.
- liuping, on 10/10/2007, -1/+1It does have a replaceable battery, just not user replaceable, so it cannot be considered unfit for the stated purpose, just more expensive that "normal and usual".
  
  But the whole phone is "more expensive than usual". Can he sue for that too?
zuhl, on 10/10/2007, -0/+2yay for the American way!

Step 1) Sue
Step 2) ???
Step 3) Profit!
tomis, on 10/10/2007, -1/+1You do your research, you read all the reviews you can, and if possible you try it out in-store. Then you buy the product, if you don't like it you return it. You don't need to file a freaking lawsuit. The only reasonable class-action lawsuit in this case would be one to force Apple to get rid of that stupid "restocking" fee.
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First iPhone Class-Action Suite Against Apple and AT&T

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