Apple and AT&T hit with third class action suit over iPhone battery

Apple's lack of a roll-your-own battery replacement for the iPhone seems to be causing quite a stir with Apple and AT&T's legal departments as a third class-action lawsuit has been thrown at them. Plaintiffs Zoltan Stiener and Ynez Stiener cite breach of contract, fraud, and violations of California law for not letting users know that the replacement costs can be upwards of $100 -- we're assuming this includes the cost of a rental replacement iPhone. Apple has settled in previous cases of this type -- well, in an iPod case at any rate -- so we'll have to wait and see how it all comes out before jumping on any class-action bandwagons.

[CraigJ @ Aug 31st 2007 12:26PM]

Losers looking for the iJackpot.

[LiQuiD_FuSioN @ Aug 31st 2007 1:00PM]

If anything, this will set a precedent for cases in the future.

[Joseph @ Aug 31st 2007 1:17PM]

This is stupid. I am suing Hyundai because my cupholder doesnt keep my drink cold. It is a feature! Removable battery is a feature. They knew it when they bought it. Now they are mad? There is a 1 year warranty that is free, if their batteries are dead then send it to apple. If they are not, then they should shut up. If they didnt want it. Then dont buy it.

//guy before me. – Hopefully this is seen as a frivolous case and there is already a precedent for those. Apple should counter-sue for time and money and put those @-holes on the street where they belong.

[Dean Lowe @ Aug 31st 2007 2:31PM]

If Apple settled a similar case with the iPod then they're the stupid ones.

[David @ Aug 31st 2007 12:28PM]

I hope it goes through and maybe Apple will learn nobody likes this and make the next iPhone with a user replaceable battery

[The General @ Aug 31st 2007 12:38PM]

I don't care. My battery lasts like 3 days. I don't need to swap them.

Batteries cost like $60 anyway. It really isn't even a problem for me.

[Mark @ Aug 31st 2007 12:56PM]

The General, everyone is not you. We can all see right through your "I don't need this, I don't need that" schtick, Maclots have only been doing that since, oh, 1984.

[Ian @ Aug 31st 2007 2:49PM]

Of course when the lion battery expands from repeated charging and cracks the case, screen or guts of the device you can claim you don't need a phone either. If only you'd have been able to see it bulging before it killed your phone. As was the case with my MDA. Time to get new battery : 20 minutes.

[John @ Aug 31st 2007 3:21PM]

I believe the problem is that we all know batteries die, eventually. You're gonna have to replace it. What they didnt let consumers know was that it's gonna cost them an arm and a leg, AND they lose their phone temporarily. This is the #2 reason I wont buy one. You NEED multiple batteries, and you NEED to swap them. Regardless of marketing propaganda. #1 reason is that keyboard sucks balls.

[needlegun @ Aug 31st 2007 12:29PM]

Honestly, why can't Apple settle for making their money by selling a cool gadget rather than trying to fleece customers for an extra buck by locking them in to some 'return to base' battery replacement scheme?

It's just unnecessary, and makes Apple look like cowboys!

[Killian @ Aug 31st 2007 12:50PM]

cowboys?

[enemes @ Aug 31st 2007 12:50PM]

because they're a publicly traded company and maintaining healthy profit margins is VERY important!

[LikesGadgetsWillTravel @ Aug 31st 2007 12:36PM]

Not to rub it in, but "told you so". Ever since the first reports of the iPod/Phone's battery life leaked and mentioned the hardwired battery, I knew that there'd be trouble a-brewing. Apple's decision to integrate the battery (which won't last as long as the AT&T contract!!) only shows that they're a one-trick pony. Even adding a mediocre phone to a great iPod doesn't change that.

[LikesGadgetsWillTravel @ Aug 31st 2007 12:36PM]

Not to rub it in, but "told you so". Ever since the first reports of the iPod/Phone's battery life leaked and mentioned the hardwired battery, I knew that there'd be trouble a-brewing. Apple's decision to integrate the battery (which won't last as long as the AT&T contract!!) only shows that they're a one-trick pony. Even adding a mediocre phone to a great iPod doesn't change that.

[Chicksta @ Aug 31st 2007 12:38PM]

Do people not understand how batteries work? There are tons of devices with fixed batteries; quite frankly I think it's much better from a safety point of view to leave Apple liable for the proper disposal of said batteries rather than have dumbasses throw them away in their trash where they're a hazard. Their suit is absurd anyways. How on earth is this a breach of contract or fraud? I was responsible enough to know what I was getting when I plunked down my cash, and I had 14 days to return it like everyone else. The battery (like every other battery on the planet) isn't magical or different. After a certain amount of charges it doesn't retail the same amount of charge for as long. That doesn't mean it dies, just that you'd have less time between charges. Quite frankly, the iPhone holds a charge a lot longer than my SEs did (although I tend to turn off wifi when I'm not using it). Dear lawyers: I want to sue everyone who is suing technology companies on frivilous grounds; I am experiencing emotional distress and pain and suffering because of it!!!

[framecut @ Aug 31st 2007 12:38PM]

Since when do lawyers get to dictate the design/aesthetic of a product? If it's a safety issue
that's up to the FDA/FCC/whatever.

This is a blatant act of extortion on part of the lawyers.

No wonder Bush wants to put limits to frivolous lawsuits. The medical industry is a disaster now as a result of lawyers suing doctors every two seconds.

[Landlocked @ Aug 31st 2007 12:39PM]

haha - I guess Microsoft isn't the only evil tech company, huh? How quickly people sell out.

[TF @ Aug 31st 2007 12:41PM]

Since when do lawyers get to dictate design & aesthetics?

This is one of the more blatant acts of money extortion on part of the lawyers. What will they sue for next? That's there's no tactile keypad which won't work for people with no hands???

No wonder George Bush is trying to put limits to trivial lawsuits. The medical industry is a disaster as a result of this. Doctors can't practice medicine without getting sued every two seconds. The majority of doctors nowadays insist in a series of useless additional/costly procedures just so they won't get sued. The patient of course suffers/agonizes through some of these useless procedures.

Thank you Lawyers!

[Ard Buijsen @ Aug 31st 2007 12:42PM]

apparently Americans don't have anything better to do. Boy, that society is sick...

Oh yeah, only lawyers get any better out of this!

[CraigJ @ Aug 31st 2007 12:45PM]

Gee, thanks for painting the US (and therefore me) with a broad brush. I know that the US is the only country in the world where stupid things happen, but you don't really need to point it out, do you?

[john @ Aug 31st 2007 12:43PM]

How are you going to file a class action lawsuit before anyone anywhere has been affected by this? Seriously, what are you doing with your iPhone to run your battery out in 2 short months? It would even make more sense from their standpoint (as lawyers going for a cash grab), to wait until some people actually have their batteries die. Then they'd have a lot more people in on the suit... or does that make a difference how much the lawyers get paid in a class action?

[yakapo @ Aug 31st 2007 12:48PM]

I bought a refurb ipod from apple (my first and last ipod purchase) the battery lasted less than 3 months and I would estimate less than 100 hours of listening time. I mailed it to them and they mailed it back w/o fixing it - just gave me suggestions on how to make the battery last.

[Constable Odo @ Aug 31st 2007 12:50PM]

Has anyone needed to change the battery yet? What is the difference between the iPhone and and a hard drive iPod? Neither of them have user-replaceable batteries.

So basically they're suing because it costs too much to replace the battery.

Okay, I've been an car repair shops and people come in with what seems a minor problem. The repair place finds an electronic sensor needs to be replaced for a cost of $1000. It only looks like a $100 part. I doubt if any of those people started a class action suit for that. Usually the car owner is in a state of shock, starts complaining, then sulks and finally pays the cost of repair. Most people that get car repairs never have a clue how much it's going to cost in advance. Is that considered deception on the part of the manufacturer? These iPhone idiots at least know what it's going to cost when the time comes, if it comes. A lousy $100. Put aside $2 a week. Give me a break. Get the two year AppleCare for $69.

[t-bone @ Aug 31st 2007 1:31PM]

I agree. Toshiba didn't tell me how much it would cost to replace anything on my laptop. It was quite a surprise to find out how much it would cost to replace my ailing harddrive. It cost more than an iPhone battery and I didn't even get a loaner to use while I waited for the new harddrive to arrive.

[Jon @ Aug 31st 2007 12:53PM]

I've had to deal with an iPhone repair already and the fact that they charge you $30 for a loaner is ridiculous. There's no reason that I should have to wait for shipping and repair of a BRAND-NEW $600 phone! I should be able to walk into an apple store and within minutes walk out with a new iPhone (just like I can with most other electronic devices under warranty).

Apples company line/BS excuse "you don't need a phone" is a crock of sh*t! Yes, that's actually what the apple store "genius" told me. Well I run my business through my phone, so no I cannot go 3 days without phone service.

Also, why is the iPhone the only phone on the planet you can't get insurance for?? Apple has made a GREAT product with the iPhone but the support policys behind it have been downright insulting.

[bobartig @ Aug 31st 2007 4:16PM]

Right, so you can take "most other electronics devices" somewhere for warranty service, and walk out with a replacement in minutes? I'm calling BS, because almost nothing I've bought works that way, and trust me, we're living in the same world with the same service agreements. Having been the guy that fulfills warranty services for several electronics companies, I know that you're talking crap.

I'm not talking about a retail swap, I mean warranty service. And I'm not talking about some big box retailer service plan either. All of my electronics/appliances require that I call or fill out a web form, ship the product to the mfr (possibly on my dime), then wait a week or two. Absolutely nothing I own behaves in the way you have described.

One glib comment from one genius (who's frustrated because you've been yelling at him for half an hour about your phone) =! Apple's company line. Clearly s/he shouldn't have said that (because he has no way of determining what you need), but if Apple truly thought that you didn't need a phone, then there would be no loaner option. Apple realizes you need your phone.

If you really have a business need for your phone (and I fully accept that you do), then get another one. That's right, have TWO PHONES. If my iPhone bricks, I pull the sim card and stick it in my old RAZR, sync my address book and life goes on. If my RAZR bricks, I'd pick up a third phone immediately, because I NEED a phone, and I don't live with the delusional expectations that 1) Electronics can't break, 2) If they do break, I let some random events prevent me from getting on with life. Whatever it is that you truly need, be it a car, or laptop, or a pile of rocks, if anything happens to the current one, you go and get another one.

You can get insurance for the iPhone. Call an insurance company. They'll be more than happy to write you a policy for one, or include it under your home owner's insurance.

[vannyx @ Aug 31st 2007 9:33PM]

I pay 6 bucks a month for replacement service on my phone, if its not functioning i take it to the sprint store and they usually swap it out with a new one after having their techs look at it. If they dont have a replacement for me in stock they order one and i pick it up the next day. I have a ppc 6700 by the way. But i have to pay for that service. When i used to sell cellphones we used to just replace the customers phone and RMAC, but rules got changed by the phone makers (at the request of the service providers).

[Jon @ Sep 1st 2007 4:22PM]

@bobartig
Hello jackass, have you never heard of a product exchange? Why just recently I brought a mobile DVD player back to best buy and walked out minutes later with a brand new unit! Get a clue before going on the attack. Im not expecting apple to give free repairs 10 years from now, I was within the first 30 days!!
So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but your just dead wrong and not worth my time.

[Jon @ Sep 1st 2007 4:22PM]

@bobartig
Hello jackass, have you never heard of a product exchange? Why just recently I brought a mobile DVD player back to best buy and walked out minutes later with a brand new unit! Get a clue before going on the attack. Im not expecting apple to give free repairs 10 years from now, I was within the first 30 days!!
So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but your just dead wrong and not worth my time.

[Jon @ Sep 1st 2007 4:23PM]

@bobartig
Hello jackass, have you never heard of a product exchange? Why just recently I brought a mobile DVD player back to best buy and walked out minutes later with a brand new unit! Get a clue before going on the attack. Im not expecting apple to give free repairs 10 years from now, I was within the first 30 days!!
So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but your just dead wrong and not worth my time.

[Jon @ Sep 1st 2007 4:23PM]

@bobartig
Hello jackass, have you never heard of a product exchange? Why just recently I brought a mobile DVD player back to best buy and walked out minutes later with a brand new unit! Get a clue before going on the attack. Im not expecting apple to give free repairs 10 years from now, I was within the first 30 days!!
So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but your just dead wrong and not worth my time.

[Jon @ Sep 1st 2007 4:23PM]

@bobartig
Hello jackass, have you never heard of a product exchange? Why just recently I brought a mobile DVD player back to best buy and walked out minutes later with a brand new unit! Get a clue before going on the attack. Im not expecting apple to give free repairs 10 years from now, I was within the first 30 days!!
So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but your just dead wrong and not worth my time.

[Jon @ Sep 1st 2007 4:31PM]

@bobartig
Well hello jackass, have you never heard of a product exchange? Why just recently I walked into my local Best Buy with a defective mobile DVD player, and minutes later walked out with a brand-new unit. This is not the first time, and not the only type of electronic device I've done this with. Get a clue before going on the attack. I'm not expecting Apple to give free repairs 10 years from now, I was within my first 30 days!

So go ahead and "call bs" on me, I'm gonna go ahead and call "head up your ass" on you.

I would argue your other points but you're just dead wrong and not worth my time.

[Ray @ Aug 31st 2007 12:54PM]

We've been sent by a wise and powerful leader Zoltan to find you and recover the continuum transfunctioner!!

[Jeff @ Aug 31st 2007 12:57PM]

This shit has to stop.

The iPhone battery life is phenomenal, 3 days of standby with nearly 8-10 hours of use collectively... probably about a week of standby if you don't use the thing.

Apple released, like it does with its iPods, that the phone SHOULD only support 80% charge after 300-400 complete, full charges - which will take approximately 2 years.

The fact that, after greater than 2 years, you would have to pay $100 for a new battery is very reasonable - considering that includes a replacement iPhone for the duration of the repair.

People have to cut the shit - sue them if in 2 years your battery life is 20 minutes... not as mentioned above using this "iJackpot" method.

Everyone wants something for nothing, and we all knew from January - 6 months prior to the release that it would not have a user removable battery. No iPod ever has (despite me changing many iPod batteries in my lifetime) had an easily removable battery so it is unusual for anyone to expect one now.

Anyone that can afford a $599 phone can afford $100 greater than 2 years down the line for a battery... Then again most of you losers will by the 2nd generation model at the same price in less than 2 years and complain about the same things.

GROW UP!

[ds @ Aug 31st 2007 12:59PM]

i'm blind and I want to sue Apple. I want an iPhone that blind people can use.

[xj @ Aug 31st 2007 1:00PM]

I hate the Iphone as much as the next hater, but these lawsuits are stupid. These people can't claim they didn't know you couldn't change the battery yourself...it's the way Apple designs all their toys. Protest with your wallet, don't buy the dang phone.

Can I sue Nokia for making phones with Stupid Pop-Ports instead of 3.5mm headsets? Those pop ports suck almost as much as the Iphone.

[enemes @ Aug 31st 2007 1:10PM]

actually, a lot of people who are less tech savvy than folks here don't realize what they're getting, and neither Apple or ATT are exactly going out of their way to make you aware of the deficiencies of the product they're selling s.a. non-replaceable battery. Consumers are misled into believing they're getting a god device. For some, it's OK. Others might have a problem with it. Apple is making money on iPhone. They squeeze very good margins. If you buy an iPhone and you want to return it, you have to pay a penalty in form of restocking fee, right? Is this fair for the consumer? If it were any other company than Apple, the answer would have been simple. But here, given Apple's god like status, its somehow consumer's fault. Gimme a f****ng break!

[Anthony @ Aug 31st 2007 1:30PM]

Wait, no other company has restocking fees? Please tell me where you buy your electronics!

[tatsuki11 @ Aug 31st 2007 1:23PM]

actually enemes Lenovo does the same thing. if you buy a thinkpad and return it they charge a restocking fee...even if it's UNOPENED. in fact they only accept returns on UNOPENED items. if you've opened your laptop shipping box it's over - no returns. haven't heard much uproar on engadget over this...

[xj @ Aug 31st 2007 1:32PM]

@enemes
if your spending $600 and don't do basic research then don't complain.

You wouldn't buy something expensive without doing some at least basic research. duh.

[33scottie33 @ Aug 31st 2007 1:12PM]

I smell conspiracy! I bet the lawyers came up with this one. and the two planitiffs are relatives or friends.

[Miles Smith @ Aug 31st 2007 1:28PM]

I've had my iPhone since day two and have only run the battery down once... and that was because I forgot to put it in standby mode (screen off). This incessant whining about "I wanna repwace moi own battawee" is nothing more than that.. whining. How often do people replace their iPod batteries? I don't hear much whining about that. The problem is that the whiners liken it to a Motorola StarTac, rather than a modern communications device.

[bob @ Aug 31st 2007 1:36PM]

My iphone works off of pixie dust. So I'm ok. Unless they kill Tinkerbell. Then I sue.

[KM @ Aug 31st 2007 1:37PM]

Zoltan & Ynez's ToDo List

1. Sue Apple for non-existent battery issue.
2. Sue driver I hit for not avoiding my car while I was sending a text message.
3. Sue Apple for not putting G3 networking in the iPhone so my text message would have been sent sooner.
4. Sue State of California for not having more safety measures in place to protect me.
5. Sue Ford for not informing me that I need to turn the headlights on to drive safely at night.
6. Sue mom & dad for not taking better care of me now that I'm a grown adult.
7. Take "Personal Responsibility" course!!!

[Ayle @ Aug 31st 2007 2:06PM]

I wish people would sue for something actually important like said the locking...

[igonemobile @ Aug 31st 2007 4:55PM]

If anyone is intrested we have the Apple iPhone battery replacement kit in stock at http://www.igonemobile.com/product.aspx?tab=2&p=15423.

[tekdroid @ Aug 31st 2007 7:39PM]

1) Hate non user-replaceable batteries?
2) Like the flexibility to switch batteries on-the-fly when one dies, without any downtime charging?
3) Know that most people will toss the phone when the only internal embedded battery passes its useful life after 300-500 charges, and dislike the horrendous waste?
4) Hate the way the single internal non-replaceable-without-tools battery limits your convenience?

If you answered yes to any of these, vote with your wallet and DO NOT purchase devices with embedded batteries.

There is no need for any lawsuits. Apple don't have a monopoly on the market.

[Eric @ Aug 31st 2007 8:41PM]

Yeah, I love Apple and their products. However, this time I hope the class action is approved and hope they win.

[Alex @ Aug 31st 2007 9:11PM]

Please, My batteries in my devices last for years. I have 4 or 5 year old cell phones that still power on if charged up. I charge my Palm TX every night, whether it needs it or not, and it still works for days when I need it to, and it is over a year old.

I use the heck out of my devices and they never seem to run out of juice. Except my 15" Powerbook that is 6 years old. It's battery only lasts an hour now. But it is 6 years old, and it is spent "docked" most of the time.