Apple and AT&T are being sued (again) for over-promising and under-delivering on their claims of fast Internet access of the iPhone 3G, reports the Associated Press.
Filed in the United States District Court, District of New Jersey, Damone Dickerson claims that Apple misrepresented the speed, strength and performance of the 3G network. The lawsuit claims that he could only connect to the fast 3G network a fraction of the time, and that it did not provide full and continual service.
In fact, Dickerson claims that most of the time he receives no 3G connectivity at all.
The lawsuit charges the companies with Negligence, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statutes, and Breach of Contract.
Dickerson is seeking to force Apple and AT&T to correct its labeling and advertising, as well as to recover compensatory, statutory and punitive damages.
This isn’t the first lawsuit claiming Apple and AT&T mispresented the speed of the 3G network. The companies were sued in San Jose, San Diego, Alabama, Florida, and Texas. Apple has asked that a similar case in New York be dismissed.
In Austin last week, frustrated SXSW attendees complained about their lousy iPhone service as their numbers overwhelmed AT&T’s wireless network. But AT&T says they took immediate action — doubling SXSW capacity…in FOUR hours.