iPhoneBy Michael Santo
Executive Editor, RealTechNews

It’s been nearly two weeks since the last Apple iPhone battery lawsuit. How time flies when lawyers are preparing briefs. :-)

On Wednesday, attorneys for plaintiffs Zoltan Stiener and Ynez Stiener 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. Source: Information Week

Interestingly, one of the attorneys representing the plaintiffs is Oakland-based lawyer H. Tim Hoffman. He also represents Sydney Leung, who filed the second lawsuit against Apple and AT&T nearly two weeks ago.

Let’s not forget the first lawsuit, filed in Illinois in July, by Jose Trujillo. Although it was public knowledge long before the iPhone was launched that the battery was not user-replaceable, the replacement plan was not revealed until after the device went on sale – and this is the crux of the lawsuits.

We Say: I’m still not convinced of the validity of these suits, although some experts say there is some legitimacy to them, at least if the purchases took place before the replacement plan was revealed. Still, I wouldn’t be surprised if this ends up the same way the iPod battery lawsuit did, with Apple settling out of court.