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Lawsuit pending over iPhone 3G's iOS 4 performance issues
By now it's no secret that the iPhone 3G's performance suffered tremendously following the iOS 4 update. Soon after widespread reports of stuttering, freezing, and crashing, Apple said it would "look into" the problem. A month went by with no relief for iPhone 3G performance issues, but Steve Jobs himself promised a software update was coming "soon" -- and "soon" turned out to be a couple weeks later. With the release of iOS 4.1, the iPhone 3G's performance issues under iOS 4 finally disappeared. Those two months or so were hell for iPhone 3G owners, but reports (and our own personal experiences) indicate that the 4.1 update resolved most, if not all performance issues. That's not good enough for California resident Bianca Wofford, however, who is filing a class action lawsuit against Apple over the iPhone 3G's performance. Her claim? "In essence, Apple knowingly and intentionally released what it called a system software 'upgrade' that, in fact, made hundreds of thousands of the Third Generation iPhones (sic) that were exclusively tethered to AT&T data plans 'useless' for their intended purpose." Let's ignore for the moment the lawsuit's issue with terminology (the iPhone 3G is the second-generation iPhone) and concentrate instead on its core claim. Wofford's lawsuit alleges that Apple knowingly and intentionally released an OS update that would render the iPhone 3G and 3GS "useless" in order to pump up sales of the new iPhone 4. That particular theory got thrown around quite a bit on the internet during the early weeks of the iPhone 3G under iOS 4 debacle, but does the claim hold up? Well, maybe... but only if you think Apple's "evil geniuses" have intellects comparable to Wile E. Coyote's. For more juicy bits from the law brief itself (hat tip to Wired), grab your tinfoil and click "Read More."
Webcam-spying school district settles out of court, FBI declines to press charges
Looks like the Lower Merion School District will be paying off kids who got zinged by its laptop tracking program -- to the tune of some $610,000. As you might recall, there was quite a bit of hubbub earlier this year when students discovered that their school issued computers tended to activate their webcams and shoot the photos back to administrators. Apparently the FBI has decided not to bring any charges in the case after all, and the various families of the students settled with the school district out of court. And yes, the schools have discontinued the tracking program.
NVIDIA reaches settlement in class action suit affecting Apple, Dell, HP laptops
Some folks may have long forgotten about the issue by now, but anyone that was hit by those defective NVIDIA GPUs a couple of years back will likely want to take notice -- the company has finally reached a settlement in the class action lawsuit spurred on by the issue, and anyone with an affected Apple, Dell or HP laptop is eligible for some form of compensation. In the case of Apple and Dell laptops, that includes a replacement of the GPU or MCP, while users of an affected HP laptop will actually get a full replacement laptop "similar in kind and value." Anyone that has already paid to have their laptop repaired due to the GPU issue is also entitled to a full reimbursement provided they have the necessary documentation for the repairs. Even if you are covered, however, you'll still have to wait a bit longer to actually get any compensation -- a final hearing is scheduled for December 20th, and claims will only begin sometime after that. In the meantime, be sure to hit up the source link below for the complete details, including a list of all the models affected. [Thanks to everyone who sent this in]
iPhone AT&T exclusivity lawsuit granted class-action certification, every AT&T iPhone customer included
Hey, remember that iPhone class-action lawsuit we poked around in a couple months ago and discovered Apple's lawyers confirming the original five year AT&T exclusivity agreement? Well, get ready to hear about it a lot more in the months to come, as the judge in the case has officially certified the case as a class action, meaning it now officially includes anyone who's ever bought an iPhone on AT&T. If you'll recall, the argument is that iPhone customers signed up for a two-year contract without being told that AT&T had an exclusive for five years -- thus in reality being held to the carrier for an additional three years without recourse. Sure, that sounds a little silly, but if you bought the first-gen iPhone and wanted to stick with the platform it's the truth -- discounting the fact, of course, that no one's required to buy another Phone after two years, and even then you have to sign a new contract. While we're definitely curious to see if the plaintiffs can get past that little logical hurdle and win something more than a token settlement, we're far more interested to see if they can get any more documentation from Apple nailing down its actual agreement with AT&T. Should be juicy -- we'll keep you in the loop.
Verizon loses ETF class action lawsuit, ordered to pay $21 million
Congratulations Verizon, you're the latest wireless provider to lose a class-action early termination fee-related lawsuit! It's a dispute that's been circulating in courts since 2008, and while the settlement was agreed upon quickly, there were a few lingering appeals that have taken this long to get cleared up -- and not in VZW's favor. The issue at hand was the company's $175 flat early termination fees, behavior that has proven legally naughty again and again when the same fee is levied regardless of whether you were one month or 20 months into your contract. Each customer named in the suit will receive approximately $87.50 for their troubles, a total of $21 million Verizon will have to pay out. That's a bit more than AT&T got hit with back in January, but a whole heck of a lot less than Sprint's massive $73 million fine.
Sony taken to court over PS3 'Other OS' removal
Sony forced PS3 owners into a tough decision with the mandatory 3.21 firmware update: either lose online play, or forgo Linux support. On Tuesday, Anthony Ventura chose door number three -- and filed a lawsuit in California, asking the judge for class-action status. The complaint quotes Sony executives on numerous occasions saying how vital and important the "Install Other OS" feature was to the game console (it's a computer, remember?) and claims breach of contract, false advertising, and several other causes of action against the entertainment giant. Sure, a lawsuit was bound to happen, given the number of angry PS3 owners out there, but here's the thing: there's no telling whether the court will grant a class-action certification here, and even if the case gets that far it's pretty unlikely to force Sony to turn the feature back on -- instead, customers will probably receive a token amount in damages while the lawyers get their full fees. For example, a rare, successful class-action suit against Palm -- filed in 2004 -- got Treo 600 owners only $27.50 in store credit, five years later. Meanwhile, we hear European PS3 owners just have to ask for their money back -- which, we promise you, is the fastest way to put an end to your Linux-based PS3 nightmares. Either that, or just wait for Geohot to make it all better.
Thousands of images apparently captured by spying school district, more details revealed
Legal proceedings are getting underway in the case of Philadelphia's Pennsylvania's Lower Merion School District -- you know, the one accused of remotely turning on webcams on its student's laptops inappropriately? We knew that district IT folks enabled the webcams 42 times in total, capturing pictures every 15 seconds, but now we're learning that over 400 images were retrieved of a single sophomore and that there are thousands more of other students. There is also seeming proof of use of the webcams even when laptops were not reported stolen, like when a student failed to pay the school's hardware insurance premiums. The district is apparently not standing behind its two IT employees who had the necessary permissions to enable this remote viewing, technology coordinator Carol Cafiero and technician Michael Perbix, and from what little we can tell now it's not looking particularly good for them. In a deposition Cafiero refused to answer any questions, citing her Fifth Amendment rights, but an alleged e-mail exchange between the two saw Perbix calling the pictures "a little LMSD soap opera," to which Cafiero replied "I know, I love it!" That doesn't sound entirely appropriate... Update: We've received a few comments and e-mails about calling this "Philadelphia's Lower Merion School District" when, in actuality, the school is outside of the city limits, and county limits too, so we've corrected that above. Apparently nobody wants to be associated with these guys.
Sorry your iPod nano got so scratched five years ago, here's your $37.50
Hey, remember five years ago when the first-gen iPod nano came out and everyone in the world (literally) was sad because it scratched so easily? And then Walt Mossberg was sad, too? And then, inevitably, there was a class-action lawsuit filed, even though the lead plaintiff was like, "no, really guys, I'm cool?" No? Well shake off those cobwebs and get ready to party in a moderate way, because your check for $37.50 is in the mail. Yep, that's all individual consumers get in the settlement, which first started processing claims in December -- we're guessing the plaintiff's attorneys managed to score themselves a little more than that, because they worked so hard defending our interests. But hey -- one thirteenth of an iPad ain't so bad, right? And you wonder why we rarely cover class-action lawsuits. [Thanks, Phil]
Spying school district update: turned on webcams 42 times, FBI isn't sure that's legal
Remember the Pennsylvania school district that was accused of remotely flipping on the webcams of students' laptops? As if the civil suit filed on behalf of those students wasn't going to be enough trouble for the Lower Merion representatives, now it seems the FBI wants to know just what's going on, launching an investigation into the practice. For its part the district said that it remotely activated the cams 42 times, and that it only did so with the bestest of intentions: when trying to locate a missing laptop. It would also like to point out that only two employees had the power to flip the switch, and that they only captured images -- never sound. Because, you know, surreptitiously watching your kids is so much less menacing when there's no audio involved.
Appeals court sides with Apple in iPod hearing loss dispute
Well, it looks like that iPod hearing loss lawsuit that's been nagging Apple for the past couple of years may finally be going away (in its current form, at least), as the Ninth Circuit Court of Appeals in San Francisco has now affirmed a 2008 district court ruling and rejected a class-action lawsuit that sought to hold Apple responsible for hearing loss allegedly caused by iPods. While that may be a possibility, the court said that the "plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use" -- further adding that, "at most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," which doesn't quite make the grade for a class-action suit. Not surprisingly, neither Apple nor the plaintiffs are making any comments on the verdict, and we're pretty sure that Apple would like to keep it that way.
Banned Xbox modders get a class-action lawsuit to call their own
You had to know someone out there would try and profit off Microsoft's recent mass bannination of modded Xbox 360 consoles from Xbox Live, and although the eBay scammers arguably got there first, we're awarding the style trophy to AbingtonIP, an Oklahoma law firm that's trying to gin up a class-action lawsuit. Why? Because even though the XBL terms of service expressly prohibit modded consoles, AbingtonIP thinks it's not fair for Microsoft to have timed the ban to coincide with the release Call of Duty: Modern Warfare 2, and it also thinks it's unfair for an XBL ban to affect "Xbox functionality not associated with piracy" like Netflix, arcade games, and DLC. A noble cause, to be sure, but if you're a modder who didn't think there was a chance you'd be booted from Live at some point, you're not a very smart modder -- and Microsoft isn't under any obligation to time its bans for the convenience of people breaking its terms of service. The firm is just at the generating-interest phase and hasn't filed anything yet, so we'll see how far these freedom fighters get -- we'd guess this one dies on the vine.
First Sidekick class-action lawsuits predictably get underway
Our usual rule is to ignore attention-seeking class-action lawsuits until they make it past the critical step of being certified by a judge, but we think it's pretty wild that the Sidekick debacle has already resulted in two separate suits in two different states. That's a turnaround time of just a few days, really -- and now that Microsoft is saying it can restore most of the lost data, it'll be interesting to see if these cases can push on past the early stages. Both the California and Washington state cases allege that T-Mobile misled customers into thinking their data was secure, but for some reason we're particularly amused at the California case filed by a mother whose aspiring model and singer-songwriter daughter lost "photos and song lyrics" she'd entrusted to her Sidekick -- honestly, what judge can't relate to her situation?
Sprint details proposed $14 million ETF class action settlement
It's a far cry from the $1.2 billion number that was bandied about at one point, but it looks like Sprint could still be taking a fairly sizable hit over those pesky early termination fees, at least if a proposed class action settlement plays out as it seems likely too. As Sprint itself announced today, the company's reached a $14 million settlement in the case, which will be placed in a common fund to be distributed accordingly to all the parties involved, which is where you come in (assuming you're a current of former Sprint, Nextel, or Sprint Nextel customer, that is). The short of it is that you can either sign on to the class action suit or opt out of it by hitting up the site linked below, and then you'll have to wait for the final approval hearing now scheduled for October 21st, which should actually settle the settlement once and for all. Details on the exact payout amounts to customers are buried in the documents on the settlement website, but it looks like the majority of customers will be receiving between $25 and $90 depending on their contract, plus some free bonus minutes.Read - Sprint ETF Settlement websiteRead - Sprint statement[Thanks to everyone who sent this in]
Attention Sprint Treo 600 owners: you're owed $27.50
Sure, Sprint and Palm are hoping the Pre turns the page on their relatively dark recent past, but karma's a bitch sometimes -- the other Palm news this week is that Sprint and Palm have settled a class-action lawsuit alleging the two companies misled customers into thinking there'd be WiFi and Bluetooth accessories for the Treo 600. Remember how crushed we all were when nothing ever hit the market? The pain was almost immeasurable -- unless you're a class-action settlement attorney, in which case you instinctively know anyone who bought a Sprint Treo 600 before October 27, 2004 is owed either a $20 Sprint service credit or a $27.50 credit to be used in Palm's online store. So, anyone still have their Treo 600 receipts from 2004? Yeah, we didn't think so.[Via TamsPalm]
AT&T / Cingular class action gets go ahead from federal court
This one goes back a little ways, but a U.S. District Court in Seattle has now given the go ahead to a class action lawsuit brought by former AT&T Wireless subscribers, who have complained that their service went downhill after the company was bought by Cingular and ultimately became the new AT&T. They're also not too happy that they were forced to pay to get new Cingular phones, and they're now asking that AT&T pay back all those extra charges, plus the usual damages, of course. For its part, AT&T isn't saying anything more than that it "respectfully" disagrees with the court's decision, and that it's now studying the ruling and considering its options.
Fitness guru prepares to launch Wii Fit class-action suit, radio show
Well, this was probably bound to happen. A fitness "expert" named Michael Torchia says he's now preparing a class-action suit against NIntendo which will apparently seek to remove its Wii Fit from the shelves unless they add warnings to the product. The offense? Torchia claims that the Wii Fit actually contributes to obesity, essentially because it claims to be something that it's really not -- namely, a fitness tool -- and discourages people from doing more traditional exercise. He also, however, seems to be concerned that the Wii Fit is dangerous -- mostly because it doesn't stress warming up enough, and users can do the exercises wrong, straining or injuring themselves. Now, we're not going to delve into the validity of his claims (though, how do you explain this dude? Just saying), but we should note that Torchia is apparently getting ready to launch his airwave-rocking AM radio show, "Shape Up, America," and we figure he's looking to drum up some buzz for himself, so we'll be watching to see if he ever actually brings his suit against old Mario and Sons. Step on.[Via Joystiq]
More "Vista Capable" emails unsealed, revealing sassy civil war
Remember when Microsoft was hit with a lawsuit over its "Vista Capable" stickers? How about when the judge unsealed emails revealing that after a long battle to promote Vista's graphics-intensive Aero UI, it capitulated and lowered the requirements for the sticker so Intel could keep on selling its graphically-challenged (i.e., WDDM noncompliant) 915 chipset? Yeah, that was awesome. Connoisseurs of corporate drama should appreciate the latest development -- the judge has made public a second batch of emails revealing that MS execs were at odds about that decision. Senior VP Will Poole apparently made the call to appease Intel, but co-President of Platform & Services Jim Allchin (along with many others who had been fighting for the other side for months) was "beyond being upset," saying "this was totally mismanaged by Intel and Microsoft. What a mess." The mess he was referring to: an unhappy partner in HP, which had spent millions to meet the old standards... and presciently, the lawsuit we're watching now. Alright, maybe not so awesome for everyone.
Vista Capable sticker lawsuit gets class-action status
It looks like that little lawsuit over "Vista Capable" stickers on PCs could now be about to get quite a bit bigger, as a federal judge has now bestowed class-action status on the suit, which accuses Microsoft of misleading marketing. More specifically, as the AP reports, the suit alleges that the "Vista Capable" stickers slapped on PCs during the 2006 holiday season created an "artificial demand" for the computers, and "inflated prices for computers that couldn't be upgraded to the full-featured version of Vista." As we've seen, those stickers even took in at least one higher-up at Microsoft itself, who has made his thoughts on the program quite well known. While things are still obviously in the early stages, the law firm that filed the suit is now looking for others that feel they've been burned by the stickers, and ComputerWorld has the details on you can get involved at the link below.[Via ComputerWorld]
Microsoft gets sued: Scratched game disc lawsuit
We sort of figured that a consumer Xbox 360 lawsuit would pop up with all these red ring of death hardware issues, but we didn't think we'd see such lawsuit be based on disc scratching problems. A Florida resident has filed a class action lawsuit against Microsoft for disc drive problems associated with the console causing "destructive damages" to his video games. He is seeking to be reimbursed for cost of replacing such games and is suing for a payout of $5 million dollars. Now, we aren't claiming to be legal geniuses here, but wouldn't a Xbox 360 lawsuit targeted towards general hardware failures be a little more successful seeing all buzz around the issue? Oh well, these kind of lawsuits are quite normal and usually go no where, but we'll keep an eye on this to see if it gets any ground.
Class-action lawsuit filed against IGE
Speaking of lawsuits, Terra Nova is reporting that there's been class-action lawsuit filed in Florida against IGE for... well, I'll let you read for yourself:The case involves IGE's calculated decision to reap substantial profits by knowingly interfering with and substantially impairing the intended use and enjoyment associated with consumer agreements between Blizzard Entertainment and subscribers to its virtual world called World of Warcraft.The lawsuit seeks both monetary damages and a stop IGE's gold farming activities. (If you just can't get enough legalspeak, you can take a look at the entire text of the lawsuit here, via Terra Nova.) Now, I have to admit that I am not a lawyer and cannot tell you whether this lawsuit has any substance to it. However, I can assure you that over here at WoW Insider we'll be looking for any updates on this -- so we can pass them right on to you.
