Furious iPhone users have filed a class action lawsuit alleging that a recent software upgrade has turned their phones into "virtually useless iBricks.
The suit, filed in state court in San Diego, California, concerns the new mobile operating system released over the summer. That system, called iOS4, was supposed to be an improvement over its predecessor, iOS3.
But in her complaint, lead plaintiff Bianca Wofford says that the system was actually a "substantial downgrade, and that Apple employed "unsavory, dishonest and deceptive business practices in encouraging iPhone users to make the switch.
Wofford believes that Apple, rather than being simply incompetent or negligent, purposely designed the system to be deficient in an effort to "create a false incentive for consumers to buy the new iPhone 4, which was introduced in June.
"This whole situation was created to be a consumer catch-22 by Apple in order for the company to promote sales of its just released iPhone 4 and to cause consumers to simply abandon the earlier 3G and 3GS platform, Wofford's complaint alleges. "After all, what better way to underhandedly create incentive to purchase a newer product than by essentially rendering an earlier product useless by the false promise of a software 'upgrade.'
Long-standing complaints
The suit likely comes as a relief to iPhone users, who have been voicing their frustrations with iOS4 since its introduction in June. Common complaints include long wait times for opening and replying to texts, unlocking the phone, and using applications.
George, of Chantilly, Va., wrote to ConsumerAffairs.com with a typical complaint:
"I
have the iPhone 3G. I downloaded the 4.0 software update and it is
noticeably slower. All apps load and run slower, lots of hesitation
and waiting for responses from apps. You have to wonder if Apple
tests these updates or what? Apple is really starting to get a bad
name for testing their products appropriately.
In introducing iOS4 in June, Apple warned that it was only compatible with the iPhone 3G and 3GS; it could not run on the "original handset.
iPhone 4 has its own problems
The lawsuit is just the latest embarrassment for Apple, which rolled out its iPhone 4 in June only to discover that the new model had widespread connectivity problems. Apple papered over the problem, which is purportedly caused by covering up part of the phone's exterior, by offering users a free "bumper to cover the affected area, but not before enduring weeks of customer anger and ridicule.
A number of consumers set up a website called WorstPhoneEver.com, which calls the device "the best portable computer ever made, while at the same time being the worst. phone. ever. because it drops calls all the time!
The suit is being brought as a class action on behalf of all California residents who, at any time between June 1 and September 30, 2010, owned an iPhone 3G or 3GS, subscribed to an AT&T data plan, and downloaded the iOS4 upgrade from "an authorized Apple distribution website.
The complaint alleges unfair business practices, false advertising, and violations of the Consumer Legal Remedies Act. Wofford is seeking an injunction preventing Apple from marketing iOS4 and $5,000 for each affected consumer.
