Slashdot Mirror


Apple and AT&T Sued, Again, Over 3G

Macworld is reporting that Apple and AT&T are being sued, again, for the lack of delivery on their 3G network. This follows a long line of other lawsuits in San Jose, San Diego, Alabama, Florida, Texas, and New York "The lawsuit charges the companies with Negligence, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statutes, and Breach of Contract. Dickerson is seeking to force Apple and AT&T to correct its labeling and advertising, as well as to recover compensatory, statutory and punitive damages."

24 of 230 comments (clear)

  1. Re:WTF? by AvitarX · · Score: 3, Insightful

    Well they are forcing you to stick with them.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  2. Re:Yup by bostongraf · · Score: 5, Insightful

    The reason blackberrys are more attractive to networks than the iPhone is because

    I'm sorry, but I'm fairly certain that most other networks would be more than happy to get a share of the iPhone market. The customers may not be happy with the resulting performance! But the networks would have no problem adding an iPhone, and accompanying plan, to their offerings...

  3. Re:WTF? by geekoid · · Score: 4, Insightful

    Except they are.
    They claim it does all this wonderful stuff, you buy it and it doesn't work as promised*.

    You cant switch providers or get your money back.

    In that enviroment suing is the only avenue a consumer has.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  4. Re:WTF? by Sigmon · · Score: 5, Insightful

    Um.. yes, AT&T _IS_ forcing one to use their service. You remember that little thing called a contract?

    Granted, nobody forced me to *choose* them, but once they are chosen - I'm locked in for two years!

    But what happens when after 6 months or 1 year my service begins to suck? Have I no recourse?

    I have no idea if this lawsuit has merit or not, but an attitude of 'don't like it, don't use it' is likely an oversimplification of the situation.

  5. Re:Sue-Happy by Aladrin · · Score: 4, Insightful

    If they weren't locked into a contract, they wouldn't have to sue over it.

    Most purchases can be returned when the product doesn't work as advertised. Usually this is because the store has a return policy to keep their customers happy, but some of the time it's the law.

    In this case, there not only isn't a policy like that, there's a contract guaranteeing that you have to -continue- paying for it.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  6. golden chariot with lame horse by 192939495969798999 · · Score: 2, Insightful

    "Your chariot may be made of gold my friend, but your horse has a lame leg. My wooden cart and donkey aren't much to look at, but I get where I need to go every time", said the old man.

    --
    stuff |
  7. Re:3G iPhone not all it's cracked up to be? by Anonymous Coward · · Score: 4, Insightful

    But it handles WiFi data just fine which is in most cases faster than 3G. I doubt the phone itself is the issue.

  8. Re:Yup by nxtw · · Score: 4, Insightful

    The reason you couldn't get on the internet with 5 bars of 3G is probably because you didn't have an EDGE signal. Try it yourself, turn EDGE off and even with 5 bars of 3G you cannot get on the internet at all. I don't know if it uses EDGE for authentication or something but it's pretty stupid to require both in order to be able to get out to the internet.

    EDGE is an extension of GPRS (which is an extension of GSM) that provides higher performance packet data on GSM (in this context, the air interface).

    The data traffic - inlcuding authentication - travels over either GSM/EDGE or WCDMA until it is handed off from one to the other.

    You do not "need" both GSM and WCDMA coverage at the same time to use data. Many devices can be set to use WCDMA only.

  9. Contract by Ender77 · · Score: 1, Insightful

    AT&T should be sued, forcing people into a two year contract with a company should be against the law. Especially if that company does not provide the service that was promised for that contract.

    1. Re:Contract by Anonymous Coward · · Score: 1, Insightful

      Umm no one put a gun to anyone's head and made them sign a contract. That actually IS against the law. In fact, contracts signed under duress are unenforceable. AT&T simply says here, you want this product from us, you must sign a contract. No force there, you are perfectly free to not purchase the product.

  10. Re:Yup by Bemopolis · · Score: 5, Insightful

    Yeah, too bad they don't have a brand-new revenue stream from a popular exclusive device to finance such an upgrade.

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
  11. Re:Yup by Anonymous Coward · · Score: 3, Insightful

    Wonder what the shareholders with short time investment strategies would think of that.

  12. Re:Yup by EvilBudMan · · Score: 2, Insightful

    Yep they built their network for two users and now have 1000. This is not just the iPhone here. This happens with Verizon too and guess what they don't have it.

  13. Re:Yup by donny77 · · Score: 5, Insightful

    This is not about iPhone versus Blackberry. This is 1990 ISPs all over again. AT&T wants to sell "unlimited" data plans knowing you'll pay more for unlimited. It works great because people just check their e-mail on it. Why? Cause the Internet sucks on a Blackberry/Windows Mobile device. The problem is, iPhone users ACTUALLY use the Internet/data other than e-mail. Why? Cause it doesn't suck. Result, oversold bandwidth. Same old story.

  14. Re:Yup by hairyfeet · · Score: 5, Insightful

    And you just hit the nail on the head on why this country is falling apart. Stocks were supposed to be for investing, where you looked at the business's long term game plan and if you supported it bought stock in the company. Now Wall Street is nothing but Las Vegas with nicer clothes. When my parents built their house 29 years ago the ISDN and cable stopped 2 blocks away. Now 30 years later how far is it? Why 2 blocks away, of course!

    Nobody has laid any lines or upgraded shit around here in years because it might hurt the short term stock price if they actually spent a dime. Problem is, if a business isn't growing it is dying. I mean I'm sure they could pay out a nice dividend if they burnt the thing to the ground for the insurance but that doesn't make for much of a business plan. Having everything revolve around the short termers and day traders is the same thing, it just takes longer for the business to burn. for business(and the economy) to grow their have to be INVESTMENTS. Investments in the infrastructure to grow, in the lines, in automation to improve efficiency, in customer service, etc. Instead everything has been low balled and left to rot to please the short term mentality on Wall Street. Is it any wonder that it seems everything is falling apart?

    --
    ACs don't waste your time replying, your posts are never seen by me.
  15. Re:Yup by Rytr23 · · Score: 2, Insightful
    Probably because while there are more BBs in the wild, the iPhone makes up the lions share of traffic from cell phones. source.

    He is correct.

    --
    So many injustices..so little time..
  16. Re:Yup by yabos · · Score: 3, Insightful

    Verizon happily collected billions of dollars from the tax payers for years and did no such upgrades beyond slowly increasing their internet speeds. Finally after a lot of pressure they're actually upgrading their network.

  17. You need high speed on both ends by tepples · · Score: 2, Insightful

    After 30 years, perhaps you should move from your parents home so you can have better internet connectivity? :)

    You have to have high speed at both last miles in order to have a high-speed connection. Even the fastest Internet connection hairyfeet can buy won't help him communicate with his parents any faster.

  18. Re:WTF? by tepples · · Score: 4, Insightful

    You can cancel your contract. You'll pay a nice penalty, but you can cancel.

    Why should I pay a penalty if the other party didn't uphold its end of the agreement?

  19. Re:Yup by dgatwood · · Score: 2, Insightful

    No, opinions like that are mostly held by people with business experience who see other businesses being run by (overpaid) complete morons. I've seen many, many businesses involved in short-term thinking that screws long-term profitability. Any time I see a new CEO brought in to "fix" a company, as a general rule, that's when it's time to sell the stock. Well, maybe wait until the new executive's short-term thinking has driven it up a bit, then dump the stock before it crashes. Either way. I've seen this too many times to believe that short-term thinking is unusual. It may not be the rule, but it certainly isn't the exception, either.

    Indeed, short-term thinking is to blame for most of the current state of the economy. Betting your pension plans on high-yield, high-risk investments? Short-term thinking. Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway? Short-term thinking. Driving the stock market down rapidly because of a high number of people shorting the stock? Short-term thinking. And so on.

    I tend to agree with the assessment that most companies, particularly those with entrenched monopolies like telecoms, tend to solely value short-term profit because they know they have little real competition, so their long-term profits are pretty much guaranteed in the absence of a significant disruptive technology (cell phones reducing land line use, for example). The only thing that will ever change this is removal of the monopoly---for example, passing laws that mandated cell phone unlocking after the initial contract period....

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  20. Re:Yup by Anonymous Coward · · Score: 1, Insightful

    But instead, they chose to continue charging outrageous fees (and FORCING you to get an overpriced data plan)... without doing much to upgrade their network.

    That may be true, but in the US, virtually ALL unlimited data plans are the same price: $30 per month, no tethering. This goes for Verizon, AT&T, T-Mobile and Sprint. The only exception was the $20 data plan for the original iPhone EDGE.

  21. Re:WTF? by shutdown+-p+now · · Score: 2, Insightful

    He is being forced to continue using their service while they do not uphold their part of the deal (that of providing working 3G connectivity). The reason why he made his choice of going with them was because there would be 3G. Now, some time later, there's no 3G. Why shouldn't he sue?

  22. Re:Yup by Red+Flayer · · Score: 2, Insightful

    Indeed, short-term thinking is to blame for most of the current state of the economy. Betting your pension plans on high-yield, high-risk investments? Short-term thinking. Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway? Short-term thinking. Driving the stock market down rapidly because of a high number of people shorting the stock? Short-term thinking. And so on.

    Isn't it ironic... every example you list is NOT an example of the failures of thinking only for the short-term.

    Betting your pension plans on high-yield, high-risk investments?

    The problem with that investment strategy is that people dismiss the risk. Those 15% annual returns of a few years ago simply outweigh the possiblity of losing it all, in the minds of those investors. Interestingly, a diversified high-risk/high-yield strategy outperforms a low-risk/low-yield strategy in the long term. When you are investing for the short term (i.e., you're close to retirement) is when you should use a low-risk strategy.

    Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway?

    That's not short-term thinking. That's smart business. Regardless of how it plays out in the long term, you've maximized your return. The problem is that the buyers of those risky loans underestimated the risk, and overvalued them. It's not a failure of planning for the long term, it's a failure to adequately estimate risk by the *buyers* of those loans.

    Driving the stock market down rapidly because of a high number of people shorting the stock?

    That's a good investment for the short term. And, once the stock price is unreasonably low, those short sellers can buy in to catch the price increase. This investment strategy is a good one for the investor -- can you really say that the people using this strategy aren't *personally* far better off than if they didn't use it?

    A better example would be the American car companies cutting off R&D for production of a low-cost, high-mileage vehicle. Or price fixing that reduces the incentive to increase supply of a scarce good (e.g., electricity in CA).

    I think you're right re: short-term thinking, I just think you could have used better examples. What's coming through to me based upon your examples is that many actors in the economy have chosen strategies that benefit them while causing problems for everyone else... related to to the classic Tragedy of the Commons. Those strategies ARE the best strategies for the individual, unless everyone cooperates.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  23. Re:WTF? by glitch23 · · Score: 2, Insightful

    Why should I pay a penalty if the other party didn't uphold its end of the agreement?

    In my own little world, if the other party didn't hold up their end of the agreement then the contract is already broken and I don't owe a thing. I know, I know, try convincing the carrier of that.

    --
    this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address