Apple And AT&T Sued For Third Time Over iPhone Battery

InformationWeek ^ | August 30, 2007 04:20 PM | By Thomas Claburn

[Swordmaker]

The class-action suit charges that the companies violated
California law by failing to inform iPhone purchasers that
it costs $100 to replace the phone's battery.

Apple and AT&T have once again been sued for alleged iPhone flaws. On Wednesday, attorneys for plaintiffs Zoltan Steiner and Ynez Steiner filed a class action complaint against Apple and AT&T in federal court in Oakland, Calif.

The lawsuit alleges breach of contract, fraud, and violations of California law. It charges the two companies with failing to inform iPhone purchasers that fees totaling more than $100 are required to replace iPhone batteries and to maintain service during battery replacement.

The iPhone's battery is designed so as not to be removable by consumers.

The lawsuit states that the iPhone battery must be replaced after approximately 300 charges and that replacement is likely to be necessary in one year or less.

Apple maintains a Web page to educate consumers about how to prolong the life of the iPhone's battery. "A properly maintained iPhone battery is designed to retain up to 80% of its original capacity at 400 full charge and discharge cycles," Apples states. "You may choose to replace your battery when it no longer holds sufficient charge to meet your needs."

This marks the third such case against Apple.

One of the attorneys representing the plaintiffs is Oakland-based lawyer H. Tim Hoffman, who also represents Sydney Leung, the plaintiff in a similar class action suit against Apple and AT&T filed August 13th in the same court.

In July, a different group of attorneys based in Chicago filed a class action lawsuit against Apple and AT&T on behalf of plaintiff Jose Trujillo in Illinois' Cook County Circuit Court.

Also in July, the Foundation for Taxpayer and Consumer Rights sent a letter to Apple and AT&T complaining about the iPhone battery. Harvey Rosenfield, founder of the FTCR, told InformationWeek that he would like to see consumers get battery replacements free of charge.

An Apple spokesperson was not immediately available to comment.

[Swordmaker]

If it's a class action suit, why hasn't it been subsumed into the Leung Class Action suit?

Why file an additional class action law suit???

Especially since it's the same shyster pleading both suits???

Or has this merely been filed now because Apple is making a major announcement on September 5th???

Inquiring minds want to know.

[Swordmaker]

How hum... another iPhone battery class action suit... PING!

If you want on or off the Mac Ping List, Freepmail me.

[AlaskaErik]

What is it about Apple and batteries. You’d think they would have learned their lesson with the iPod. Come on...how hard is it to have a battery cover and a removable battery that can be easily replaced?! I like having two batteries so I can totally discharge them and still have a backup. Completely discharging even lithium ion batteries before recharging makes them last much longer. Maybe Apple doesn’t want that.

[Sunnyflorida]

http://www.youtube.com/watch?v=nRKIDdIaFyE

[antiRepublicrat]

Has anybody even had the need to replace a battery yet? You know it’s just slimy tort lawyers grubbing for money when no damage has been done to anyone.

[Sir_Ed]

I bought an Apple wireless mouse for my G5, and the battery is a non-rechargable battery that went dead after four weeks of use.

ALL my other wireless mouses from Logitech, et al, have rechargeable batteries. If I had realized that the Apple mouse doesn’t even come with a battery you can recharge, I’d have never bought it.

Ed

[AlaskaErik]

I bought an Apple wireless mouse for my G5, and the battery is a non-rechargable battery that went dead after four weeks of use.

My LogiTech mouse just uses regular AA batteries. Cheap and easily replaced. I'm still on my first set.

[Sundog]

Now, That’s funny.

[Sir_Ed]

My Adesso keyboard just broke, and I need a new wireless keyboard/mouse combo for my G5.

Any suggestions?

Ed

[A_Tradition_Continues]

My LogiTech mouse eats batteries at 2 alkakine batteries every 3 weeks.

[SunkenCiv]

a different group of attorneys based in Chicago filed a class action lawsuit against Apple and AT&T

There's a legend that when asked why he robbed banks, a famous bank robber said, "it's where the money is."

[CheneyChick]

Hello Sir Ed,

I’ve been using a wireless Logitech keyboard and mouse for my Mac(s) for about 4 or 5 years now. Runs great.

Check out this one:
http://www.logitech.com/index.cfm/keyboards/keyboard_mice_combos/devices/158&cl=us,en

[Sir_Ed]

Hey...thanks, CheneyChick!

Ed

[TheBattman]

The lawsuit alleges breach of contract, fraud, and violations of California law

OK - so what part of the contract, documentation, or sales information did they violate? Nowhere does it say there is a user-serviceable battery, in fact, the directions clearly state that the iPhone must be returned to an authorized service facility to have the battery replaced.