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Apple, AT&T sued for slow 3G speeds

By Jim Dalrymple, Macworld
March 20, 2009 10:40 AM ET
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Apple and AT&T are being sued again for over-promising and under-delivering on their claims of fast Internet access of the iPhone 3G.

Filed in the United States District Court, District of New Jersey, Damone Dickerson claims that Apple misrepresented the speed, strength and performance of the 3G network. The lawsuit claims that he could only connect to the fast 3G network a fraction of the time, and that it did not provide full and continual service.

In fact, Dickerson claims that most of the time he receives no 3G connectivity at all.

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.

This isn't the first lawsuit claiming Apple and AT&T mispresented the speed of the 3G network. The companies were sued in San Jose, San Diego, Alabama, Florida, and Texas. Apple has asked that a similar case in New York be dismissed.

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Comments (4)
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How about some facts about the claims?By Anonymous on March 20, 2009, 12:04 pmReporting that a lawsuit has been filed is not very illuminating. What are the merits of the case? Specifically, what was claimed and what was experienced, running...

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Apple did the same to meBy Anonymous on March 21, 2009, 12:20 amI too once had the iPhone 3G. It was such a beautiful shiny little phone. It was my baby. I would pet it, and stroke it. I love it. But the 3G speed wasn't forking...

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Same for EDGEBy Anonymous on March 21, 2009, 4:44 pmI have the former version of the iPhone with access to the EDGE network, which is no better. My typical experience with EDGE is a twenty second wait for a small,...

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I agree with the claim against AT&TBy Anonymous on March 31, 2009, 7:19 amThe 3G network goes in and out most of the time on my iphone 3g. And when i do get the 3g signal it still downloads web pages slow and takes videos forever to download....

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