iPhone Lawsuits Continue
08.20.07 - 03:15pm
And yet another iPhone lawsuit this time again over the battery.
The difference this one is filed on behalf of iPhone owners everywhere and is asking for 5 million in damages where the last one was only asking for 75,000.
The first was filed by Jose Trujillo from Illinois. This one filed by Sydney Leung from California is on behalf of iPhone customers everywhere stating that the iPhone customer “was not informed at the time of purchase of the costs and procedures for replacing the battery.”
“Neither the box the iPhone was sold in nor the written information within the box explained the cost and procedures required to change the iPhone battery,” the lawsuit said.
The lawsuit also claims that the battery will only last for 300 charges not the 400 charges Apple states on their website; “A properly maintained iPhone battery is designed to retain up to 80% of its original capacity at 400 full charge and discharge cycles.”
“One of the advantages in California [is that the state] has particularly good laws in protecting consumers from unfair trade practices,” said Max Folkenflik managing partner at the law firm representing Leung.
“Apple didn’t specifically disclose the battery complaint until after the first couple of days. You could argue the company didn’t disclose this,” said Rob Enderle, a Silicon Valley tech analyst . “The company has the obligation to disclose any significant flaws that they know about and the battery would be a significant flaw.”
Back in 2005 Apple had a similar lawsuit with an early edition of the iPod and had to compensate early iPod users with $50 in-store credit or $25 cash.
“The guys who sued on the iPod battery won,” Enderle said. “[It’s the] same kind of mistake that was made with the iPod.”
Enderle also says the the two year contract strengthens the case as it requires two years of service and the battery will fail before those two years are up.
The battery costs $79 plus $6.95 shipping and handling plus $29 for a rental phone if you want one during the three days to a week service time.
Replacement of the battery also wipes all of the phones previously entered information.
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