Apple charged with violation of the Federal Communications Act, defect in design and breach of implied warranty, more

Jul 1, 2010 14:19 GMT  ·  By

Since Kershaw, Cutter & Ratinoff, LLP posted its inquiry on Monday, June 28, over 1250 people responded, the law firm claims on its web site. Their great majority are experiencing problems with their iPhones’ reception and agree that Apple should be held accountable, the company says. A leaked document now shows that the firm is already representing over 11 plaintiffs in a suit filed in a U.S. District Court in Oakland, California.

According to information obtained by AppleInsider, at least three class-action complaints were filed in California, Maryland, and Texas. Filed in a U.S. District Court in Oakland, Calif. was the largest of all with a list of 11 plaintiffs residing in California and New Jersey. The remainder of the suites includes one plaintiff each. According to the leaked document, Apple is been accused of “violation of the Federal Communications Act, three counts of products liability related to negligence, defect in design and breach of implied warranty, intentional and negligent misrepresentation, fraud by concealment, unfair business practices and more”, the report reveals.

"The iPhone 4 manifests design and manufacturing defects that were known to Defendants before it was released which were not disclosed to consumers, namely, a connection problem caused by the iPhone 4's antenna configuration that makes it difficult or impossible to maintain a connection to AT&T's network," reads the California complaint.

"Defendants have failed to provide customer support to assist iPhone 4 customers regarding this defect. Consumers are left with three options: hold their phones in an awkward or unnatural manner, return their phones and pay 10% 'restocking fee,' or purchase Apple's own 'bumper' cases for their phones, costing $29.99 in addition to the premium they have already paid for the phones themselves, which may somewhat ameliorate the iPhone 4's defects."

Earlier this week, one of the BGR’s "Apple connects" leaked a list of procedures AppleCare reps reportedly need to follow when dealing with any iPhone 4 reception complaints. According to the text, Apple’s tech staff is not to appease customers with free bumpers, and should not promise free bumper to anyone.