Apple hit with class-action antitrust lawsuit over bricked iPhones

Apple has obviously made some enemies over this whole iPhone firmware situation, and clearly not everyone wants to follow the straight-and-narrow when it comes to the company's factory-limited and locked device. Now, at least one California resident named Timothy Smith has decided to bring the fight to the Cupertino monolith's doorstep -- and he showed up with lawyers. According to papers filed last week, the angry iPhone owner is suing Apple in hopes of barring the company from selling locked phones, and forcing the Mac-maker to provide warranty service for customers even if they've bricked their phones via third-party software -- though there seems to be no definitive evidence that Apple's update is the source of the brickings. The suit claims that, "Apple forced plaintiff and the class members to pay substantially more for the iPhone and cell phone service than they would have paid in a competitive marketplace either for the iPhone or for AT&T's cell phone service," and that the company, "Acted in defiance and without sufficient consideration of consumers' rights to unlock their iPhones because it knew that the probable result of its update would be to render unlocked iPhones inoperable." The lawyers in the case have set up a website where owners can join in on the suit -- so if you're feeling slighted, maybe they can help.

[Scooby03 @ Oct 8th 2007 4:48PM]

Justice!

[ethana2 @ Oct 8th 2007 7:10PM]

Absolutely. And all you people blaming the consumer: if they would have had a /choice/, they would have bought phones that weren't locked in the first place. After the gPhone and OpenMoko come out, then naturally anyone who buys an iPhone and tries to unlock it is wasting their time. Until then, hack on. Two months of tyranny left. Then, the market will start getting blown open -- and we'll have God and Google to thank for that.

[Joshua Ricca @ Oct 9th 2007 9:58AM]

Wait, am I reading you right? You're saying that these people didn't have a choice in buying an iphone?
I have one, but I don't remember any guns being held to my head when I was making the purchase.

[Isaac @ Oct 8th 2007 4:49PM]

Is this a good idea? No. But if you have the money to sue, why not! ITS AMERICA!

[Zach @ Oct 8th 2007 4:55PM]

That should be funny, but it's true.

[Motorola 3G Victim @ Oct 8th 2007 4:50PM]

Why does the title read class action? This suit has yet to be granted class action status.

[Clayj @ Oct 8th 2007 4:50PM]

If you're an iPhone owner who DIDN'T hack your phone in any way and iPhone 1.1.1 bricked it, then you definitely have a valid complaint. But if you did hack it (jailbreak, SIM unlock, etc.), then I think you've pretty much voided your warranty. Apple should offer a means to restore the phone to factory spec and send you on your way.

I disagree that Apple should be required to sell unlocked phones... but if they do, I hope they charge accordingly and hang a "this is not supported" sign on the package.

[Jon @ Oct 8th 2007 4:56PM]

Why shouldn't they? Sim free phones are normal for the industry for people like me who hates to have phones that are tied to a network. It makes calling from my mobile phone cheaper when I am on holiday by simply inserting a pre paid sim card.

I guess Apple fanboys have too much money to blow.

[yoshi @ Oct 8th 2007 4:59PM]

Well, sort of, but not really. You have a valid complaint that your phone no longer works in the same way you would have a valid complaint if it stopped working for any other reason. Take it in to an Apple store and have it repaired or replaced. If you sell a million units of ANYTHING, you're going to get a few bad..apples.

For those that chose to fight the law (Apple), don't be surprised when the law wins.

[Derbeste @ Oct 8th 2007 5:34PM]

Jon,

Unfortunately (or fortunately depending on your perspective), popularity or previous practices in an industry does not create law.

Therefore, it is not a valid reason to state they should be REQUIRED to sell unlocked phones. The ONLY reason that Apple should be REQUIRED to sell an unlocked phone is because market forces would put them out of business otherwise.

Does anyone really WANT the government involved in more things?

That being said, I do believe that even hacked, bricked phone users have as much of a complaint against Apple as non bricked users?

Why?

Because based on the number ratio of hacked and non-hacked phones that were bricked, it is obvious that hacking was not the cause of the bricking. I also do not believe that warranty should be a factor as it was Apples own actions that caused these phones to become inoperable.

Lawsuites aside, I think Apple should offer a way to restore functionality to ANY phone as a sign of good will toward the 3rd party app community. You just never want to make the mistake of thinking you are immune to market forces. You just don't want to risk any action that could put you on their bad side.

[zeebleoop @ Oct 8th 2007 7:25PM]

@ Derbeste

"I also do not believe that warranty should be a factor as it was Apples own actions that caused these phones to become inoperable."

I disagree. Warranty is most definitely a factor. If someone hacks their phone, they voided the phone's warranty. Apple stated this before they released the update. If one's phone is bricked and that person DIDN'T hack their phone, they have a valid warranty claim and should take it right to Apple.

I'm sure they'll be able to tell if a person has hacked the device or not, and if not, will fix it under the warranty.

[Ike Turner @ Oct 8th 2007 4:50PM]

Wasn't this stuff already posted a few days ago???

[mirage @ Oct 8th 2007 4:58PM]

It is a locked product! You knew that when you bought it. Don't cry now 'cause you did something not supported by the manufacturer and that broke your toy and you don't want to take responsibility. This is just childish. If your phone was bricked and you didn't hack it, then Apple should get you a new one. You should not be able to sue. If you buy a car and screw with the computer and now you can't use your car, can you sue the manufacturer? No. You buy a product and accept it's limitations. If you choose to test those limitations, you do so at your own risk.

[Cagrino @ Oct 8th 2007 4:58PM]

Oh give me a break! This is another frivolous lawsuit and I hope Apple counter sues this guy for their attorney's fees.

[peternj @ Oct 8th 2007 5:39PM]

Oh please. Poor old Apple? Apple does not operate as a cell phone company. Fine no 30 days trial and no price break for 2 year AT&T contract. But if Apple and its legions of apologists, think it's unfair that's fine too. It might well be there is no case but when I returned my iPhone because it simply could not operate as a phone the attitude of Jobs and all the Apple freaks helped me not miss the iPhone. If AT&T and I had the normal 30 days we might have solved many of the issues. I’d also would not have paid full price.
Apple is getting a bad reputation for controlling and sucking the blood out of its customers. The iPhone could be amazing as long as Apple got out of the way. French consumer laws are correct and should be tested here. Paying full price to my mind means you should have the right to unlock the phone. You guys act as though the iPhone invented the brick… oops well they kind of did eh?

[Sal Q @ Oct 8th 2007 4:59PM]

No one forced anyone to buy the iPhone. And your right, this is America, if you don't like it . . . buy something else. The iPhone isn't the only phone in the marketplace. People who complain and sue about something they bought which is doing exactly what the manufacturer said it would are idiots.

[Ian Rendall @ Oct 9th 2007 5:19AM]

No, it isn't the only phone in the marketplace. Apple would do well to remember that.

[CharlieX @ Oct 8th 2007 5:05PM]

I give up. I'm moving to North Korea. Enough of the whining bitches.

[i.c. weiner @ Oct 8th 2007 5:09PM]

LOL

[frank @ Oct 8th 2007 5:16PM]

This is soooo stupid!
If I bought a gasoline-powered car, I would be wise to fill it with gasoline. If I put diesel in the tank, the car probably wouldn't start. Would the manufacturer be liable for my decision to put diesel in it? Is it their responsibility to make sure I can fuel the car with whatever I want?
Granted, I certainly think we should be allowed to do whatever we want to our iphones (it's a general "we": I won't buy one. Yet), but I don't think it's Apple's responsibility to support extra hackery. I have no idea if the 1.1.1 update maliciously bricked the phones, but if so, so what? If you're going to alter the thing, don't update it!

[John @ Oct 8th 2007 9:18PM]

well, that argument only makes sense if you accept Apple's bullshit about "irreperable damage" to software. Unless your software makes the hardware do something funky, you cannot actually damage the phone.

[Josh @ Oct 9th 2007 10:14AM]

John-
I'd say mucking with the modem firmware IS causing irreparable damage. I mean, it obviously is if you can restore the ipod and bring it into an Apple Store and they can still tell that you tried to unlock it.

[frank @ Oct 10th 2007 9:23AM]

I'm just saying one has the right (and should) to do whatever they want with their phones, but Apple has no responsibility to support changes we might happen to make. Once the phone is altered, it's out of their hands.

[john @ Oct 8th 2007 5:20PM]

Even I am tired of iphone crap. It's over.
You guys didn't even post that rocket powered X-Wing? what gives?

[Scooby03 @ Oct 9th 2007 6:46AM]

OMG i have more use with that than i do with an iphone

[Tujumaster @ Oct 8th 2007 5:20PM]

I'm a fan of Apple but the iPhone is just horrible. Making people sign up for two years with AT&T even though the phone is not subsidized and then locking it down is crazy. No wonder why independant dealers were not allowed to sell the phone. With the subsidies the could have sold the phone for about $200. Apple deserves what they get and I hope this kid gets something accomplished.

[aaron @ Oct 8th 2007 5:40PM]

how is the phone NOT subsidized? AT&T is sharing MASSIVE profit with Apple month after month.

Every IPHONE sold goes back to shareholders with a projected 24 month earnings attached to the device.

If they remove that additional revenue from their projections, forecasts, etc., they'd have to raise the device cost substantially to sastisfy the value of product investment and shareholder expectations.

You see, you may think Apple is out there to serve you but you are wrong. They are out there to make money by offering products that people want to buy. But the key to that sentence is that they are out to MAKE MONEY. Unlocking your phone deflects Apple's ability to MAKE MONEY.

[Xzavier @ Oct 8th 2007 5:21PM]

Good Luck... your gonna need it!

:D

[Jonny @ Oct 8th 2007 5:26PM]

Wow....slow news day Engadget?

[Yo @ Oct 8th 2007 5:40PM]

This is news - Save those posts for when Engadget mysteriously reprints minor Apple bug reports.

[peternj @ Oct 8th 2007 5:41PM]

Pathetic. Imagine it was Dell you'd be cheering. Apple freak go and pray to the God of Bricks.

[Jonny @ Oct 8th 2007 5:51PM]

No it's not news that some other attention-grabbing idiot decides to hire some stupid attention-grabbing lawyer to sue Apple to get his name in the paper and on the internet.

[aaron @ Oct 8th 2007 5:40PM]

So I just put a lift kit on my 2007 honda FIT and now it's 11 feet tall.. problem is, last week, my car tipped over when I was turning at a red light.

I complained to Honda that the vehicle was unstable but they would not fix the car. They said I had modified it from factory specs. This is rediculous. They should take pride in their product.

If you have this same problem with your honda FIT, please join my in my class action lawsuit against Honda.

[Kilton @ Oct 8th 2007 5:21PM]

oh count me in - only 11 feet huh?

[Derbeste @ Oct 8th 2007 5:49PM]

Did your Honda stable enough, regardless of height, until AFTER you had them "upgrade" your tires for you?

[alex barus @ Oct 8th 2007 6:03PM]

That guy should get laid more often....

[hn333 @ Oct 8th 2007 6:20PM]

HA HA !

[IgnorantTechie @ Oct 8th 2007 6:25PM]

I hate Apple and everything they stand for, HOWEVER, is this serious?

I know that we are in the land of pointless lawsuits filling up lawyers pockets and valuable court time but now we're suing because of violating the warranty?

It's really simple and Apple has been around for long enough for everybody to realize this:

Apple tells you how, when, and to what extent you can use their product. If you don't like that then it's really simple...DON'T BUY APPLE PRODUCTS.

[Logboy @ Oct 8th 2007 6:29PM]

Give me a break. You buy an oven, you replace the burner with a fancy custom one and it shorts your oven out. Guess what...no warranty.

Don't tell me about how it's the update service's fault because it didn't reach out and twist your arm into running the update.

I'm tired of people bitching about the iPhone. Nothing was a surprise people, you knew what you were getting when you bought it.

They said...no apps except janky Web 2.0, closed source, ATT for the first 5 years....They said all that and you bought it anyway..Then, you hacked the phone and when the new update came out you blindly updated it, instead of waiting..so repeat after me "I am the cause of my own problems"

Your bitching is just fuel for all the haters...think of that.
Every time some moron sues because of their bricked phone Bill Gates smiles.

[ryan @ Oct 9th 2007 12:11AM]

lol I like all these creative analogies.

I say, keep 'em coming!

[Snitch @ Oct 8th 2007 6:33PM]

for those of you who dont owned a iphone should know that some apple funboys are dum asses sometimes, how can sue apple after bricking your own phone, before you update the unit it says real clear in big black letters that if you had tampered with the software to dont do the update otherwise it will be bricked
its that hard to understand, its a perfect example of what someone said before that its like if you where to sue your tv manufactures for not being apple to watch tv after you cut the power cord on it LOL

[Splicer261 @ Oct 8th 2007 6:47PM]

I don't get it

Apple never forced people to buy the iphone. You want it you get it with an AT & T contract.

Simple as that.

Even when the new update was released, apple warned it could bar and not like your unlocked iphones be usable. The warning was given, yet people went ahead and screwed up their iphones..

and now they are suing apple for it?

Strange.

People are given choices all the time, yet they are so stupid, they screw up and eventually blame the maker. Typical

I use an apple iphone, i bought it knowing the risks i would be taking on unlocking it, i went ahead and unlocked it but i was not stupid to go ahead and update it with the latest firmware. The warning for it was everywhere, from community members to even apple mentioning it..

These morons deserve their bricked iphones

[MrWhite @ Oct 8th 2007 6:59PM]

This lawsuit is going to go as far as I can throw my grandma, and that's not far, she's pretty big lady.


to: peternj
"Apple is getting a bad reputation for controlling and sucking the blood out of its customers."

Umm, not really, I've owned 4 Macs in twenty years, pretty good life span on their products. Can't say that with other computers.

All these ass hats that thought you were a cool hacker and all the really did was install software installed third software, if you you were somewhat smart, you would have restored the iPhone back to factory settings BEFORE applying the update.

3 iPhones in my family and not a problem yet. Go figure, I'm using it as intended, who knew. /sarcasm

[mark @ Oct 8th 2007 7:59PM]

Why don't the people who file these crazy lawsuits have to pay the defendants legal fees when it's laughed out of court. Wouldn't this cut down on all the bogus lawsuits.

[Common Core 2 Duo!! @ Oct 8th 2007 8:24PM]

https://www.appleiphonelawsuit.com/Home_Page.html

[Tony @ Oct 9th 2007 1:10AM]

Thank you!

The original post should have included this.

[yroc @ Oct 8th 2007 8:39PM]

LOVE my iPhone!!

[Rand @ Oct 8th 2007 8:52PM]

I'm thinking of suing the lottery commission. I bought a lottery ticket but decided I didn't like the numbers on it so I changed them to ones I liked better. And they won! But the lottery commission refuses to give me my 300 million dollars. I mean does that sound fair to you guys?

[Den Lim @ Oct 8th 2007 9:27PM]

Well, he bought the phone knowing that it was locked.

[webon @ Oct 8th 2007 9:40PM]

hehe so many people here trying to do some different metaphors, Id love to say those pretty words said first by non other than Jack Nicholson, and I quote "people who use metaphors to speak should shampoo my crotch"
whats an iPhone anyway?