iphone3g2.jpgBy Michael Santo
Editor-in-Chief, RealTechNews

A new class action lawsuit filed in Northern California asserts that Apple profited from the iPhone 3G while knowing it had issues with 3G connectivity. The 14-page complaint was filed by California resident Jason Medway this week.

Many have had problems with the 3G performance of the iPhone 3G, and though a firmware upgrade seems to have improved things for many. The lawsuit states:

“Despite knowledge that the iPhone 3G cannot maintain consistent 3G service, defendant continues to solicit new orders in a multimillion-dollar television and print advertising campaign for the iPhone 3G. Apple simply replicated the problems by providing consumers with replacement phones and thus subject to the same issues which prompted the replacements.”

The suit seekings damages in excess of $5 million for thousands of class members. It also wants all profits received by Apple from sales for the device (along with interest).

This is just the latest in a series of lawsuits aimed at Apple and the iPhone 3G. Last month Apple used the “puffery” defense in the Gillis lawsuit. Puffery means:

“A subjective, boastful claim that is so exaggerated or vague that a reasonable consumer would not take it seriously.”

“Twice the speed, half the price,” right?
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