Second iPhone 3G Lawsuit Filed

By Michael Santo
Editor-in-Chief, RealTechNews

Many are getting a bit weary of waiting for an iPhone 3G fix, which was previously promised in a supposed Steve Jobs email for sometime in September. A second lawsuit has been filed, joining the first which was filed last month by Jessica Alena Smith.

Just as in the previous suit, the plaintiff, William J. Gillis Jr., is asking for class action status for his lawsuit, according to freelance journalist Justin McLachlan.

Previously an “unnamed AT&T source” had disclosed that the issue with the iPhone 3G centered around power requirements for the iPhone 3G being too high, saturating towers.

The lawsuit goes on to say (basically) that because of the high volume of iPhone sales, the AT&T network has become overtaxed. In other words, the darn this is too popular for its own good.

Gillis wants Apple and AT&T to not just pay restitution to members of the class action (if granted), but also punitive damages.

Now, before people go on about this guy trying to get a big payday, remember that in class action lawsuits, there’s nearly nothing paid out to members. Usually just enough to make people (relatively) happy.

However, he’s building his case mostly around Internet reports, according to AppleInsider. And as I keep harping on:

• It’s happening worldwide, even on mature 3G networks
• The device isn’t dropping into EDGE; it’s staying in 3G even with nearly no signal
• Other 3G devices in the same area (within inches) have no issues while the iPhone is nearly unusable (and no, I don’t mean “bars,” I mean being able to make calls, browse, get email
• Even when forced into EDGE, the iPhone will sometimes fail calls while other devices are working fine - in 3G

So, while I appreciate anything that will give Apple a kick in the pants, I’m still waiting for the promised September fix. Please!