A Northern California man is not happy with his iPhone. AppleInsider reports that Jason Medway thinks his iPhone performs poorly, and believes Apple advertising is tricking people into purchases the device can't live up to.
Medway, through his attorney, is seeking US $5 million dollars in damages. The suit argues that, because of Apple's misrepresentations, "thousands of customers who purchased Apple's iPhone 3G and accompanying 3G service from AT&T have experienced broken promises regarding the phone's transmission speeds."
This is not the first lawsuit over the 3G iPhone. The legal fireworks began last August with a suit claiming the iPhone performance was not up to par. That suit, was followed by other legal claims complaining about performance, download speeds, and badly written programs available at the App Store.
Last year, Wired magazine commissioned an independent study that found most of the speed related problems on the iPhone had to do with networks, and not the iPhone hardware.
Apple has not commented on any of these lawsuits, other than in a brief legal response in a similar lawsuit in September. Apple seemed to imply that people should not believe everything they hear or see in ads. Apple's attorneys said "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."