Apple and AT&T Slammed with New iPhone 3G Lawsuit

Plaintiff Avi Koschitzki has filed a lawsuit against Apple and AT&T alleging misrepresentation of 3G network speed on the iPhone, as well as “hairline cracks” found in the casings of Apple’s top selling device. According to Koschitzki, the cracks appear around the camera and near the volume button on the side of the iPhone.

“Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public,” the filing states.

“Due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage,” reads the lawsuit. “The 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold.”

Plaintiff demands jury trial for Breach of Express Warranty, Breach of Implied Warranty of Fitness of Purpose, Unjust Enrichment, Negligent Misrepresentation, Intentional Misrepresentation, Violation of Section 349 of the New York General Business Law and Other Similar State Statutes, Restitution, and Breach of Contract.

Court document:
Amended Complaint against Apple Inc., filed by Avi Koschitzki.