Disgruntled customer files second iPhone 3G class-action lawsuit

Apple and AT&T 'deliberately misrepresented' what users could expect in terms of 3G connectivity and performance

An iPhone 3G customer has filed the second lawsuit against Apple and US telecommunications provider AT&T over the popular phone. This one, by William J. Gillis Jr., was filed in San Diego, California and charges that the two companies deliberately misrepresented what users could expect in terms of 3G connectivity and performance, according to blogger Justin McLachlan who first broke the news on Tuesday.

A more detailed story appeared in AppleInsider (which was contacted by McLachlan, who says on his blog that he gave them a copy of the 18-page complaint). The Insider story takes the view that Gillis stitched his complaint together from Internet news reports and blog posts, arguing that these contradict claims by AT&T, and to some degree Apple, that the iPhone is performing well.

Gillis is seeking class-action status for his suit, which could let any AT&T subscriber in California plagued by poor 3G performance join the suit and receive compensation. Gillis is seeking restitution and, of course, punitive damages (which is where the money is) from both companies.

In August, an Alabama woman also filed a class-action suit, making somewhat similar charges that the companies had misrepresented the iPhone 3G's performance. In her filing, Jessica Smith repeatedly referred to the phone as the "Defective iPhone 3G."

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John Cox

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