Apple Fraudulently Marketed iPad 3G, Lawsuit Alleges

A class action lawsuit has been filed against Apple and AT&T for what Michael W. Sobol of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP call “fraud in connection with the sale and marketing of the iPad and associated data plans”. Three consumers reportedly filed the amended complaint earlier this week, accusing the discontinuation of the unlimited data plan for iPad 3G after. The trio claim to have been sold on the device thanks to the availability of this data plan at launch.

According to the report issued on June 24 by Michael W. Sobol of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, the complaint in question alleges that consumers were convinced to opt for the more expensive iPad 3G model based on the aforementioned advertised benefits - an unlimited data plan and the freedom to switch in and out of that plan whenever they desired. However, as of June 7, 2010, Apple and AT&T decided to discontinue the ‘unlimited data’ plan used in connection with sales of the 3G-capable iPads for advertising reasons.

"The availability of an unlimited data plan was a key reason why consumers paid the extra $130 charge to access the 3-G network, and their ability to switch in and out of the unlimited data plan was also an important consideration in the decision to purchase an iPad," stated Lieff Cabraser attorney Michael W. Sobol. "The complaint alleges that Apple and AT&T should have known at the time they were promoting the availability of unlimited data plans, they were not going to keep that promise."

"I originally purchased a standard iPad. Three weeks later, I returned it to the Apple store, paying an additional $130 plus sales tax to upgrade to an iPad with 3G capability. I thought the iPad 3G was worth the additional money because, with the unlimited data plan, I could work outside my office or home and access all the data I needed for a fixed, monthly price," commented plaintiff Adam Weisblatt of Fulton, New York. "But I also knew that for several months each year, with my schedule, a lesser expensive, limited data plan was sufficient. I would have never purchased a 3G-capable iPad if I knew Apple and AT&T were planning on suddenly taking away from me the freedom to opt in and out of an unlimited data plan at my choice."