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The first iPhone 4 class action suit against Apple and AT&T has been filed today in the United States District Court for the District of Maryland. The lawsuit focus on the antenna design problems, making several claims including:
– General Negligence (APPLE and AT&T)
– Defect in Design, Manufacture, and Assembly (APPLE)
– Breach of Express Warranty (APPLE)
– Breach of Implied Warranty for Merchantability (APPLE and AT&T)
– Breach of Implied Warranty of Fitness for a Particular Purpose (APPLE and AT&T)
– Deceptive Trade Practices (APPLE and AT&T)
– Intentional Misrepresentation (APPLE and AT&T)
– Negligent Misrepresentation (APPLE and AT&T)
– Fraud by Concealment (APPLE and AT&T)
The lawsuit was filed by Ward & Ward, PLLC and Charles A. Gilman, LLC. on behalf of Kevin McCaffrey, Linda Wrinn and a number of other iPhone 4 users. It is not the same iPhone 4 class action lawsuit currently said to be in the works by Kershaw Cutter & Ratinoff California law firm.
iPhone 4 reception issue is well documented with multiple customers reporting signal loss when touching part of the device’s frame. Apple made the frame of the new iPhone to be used as antenna and it looks like this creates a problem. Initially, Steve Jobs said it is not an issue and suggested to hold the device in a different way. Later he asked customers to “stay tuned” suggesting that a fix might come soon.