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Apple, AT&T and AT&T Mobility are being sued by a New Jersey man who claims service on his Apple iPhone was over-promised and under-delivered.
On March 16, Damone Dickerson, a New Jersey resident, filed a contract product liability lawsuit. According to Macworld, Dickerson claims he could only connect to the AT&T 3G network a fraction of the time, that the network didn’t provide full and continual service, and that most often he received no 3G connectivity at all.
Dickerson’s lawsuit charges Apple and AT&T with “Negligence, Breach of Express Warranty, Breach of Implied Warranty of merchantability, Unjust Enrichments, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statues and Breach of Contract,” wrote Macworld’s Jim Dalrymple.
Reportedly, Dickerson is seeking to have Apple and AT&T correct their labeling and advertising and is asking for compensatory, statutory and punitive damages.
Apple and AT&T have been accused of false speed claims before. Lawsuits were filed in California in Oct. 2007 and Sept. 2008; in Alabama in Aug. 2008; and in Florida and in Texas in February 2009.
Others aren’t sure whether the iPhone device or the networks are to blame, but are happy to offer theories.