back to article Disgruntled fanbois sought for iPhone 4 Apple prosecution

A California law firm is trolling for iPhone 4 owners frustrated by flaws in their recently purchased Cupertinian handsets. The firm, Kershaw, Cutter & Ratinoff LLP, as pointed out by Valleywag, is the same group of worthies that sued Facebook and Zynga late last year, alleging that "Most, if not all, of the online offers …


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  1. regviewer

    iPhone is selling defective communication products

    Lawyers have a strong case as 1) iPhone admits to these hardware defects built-in to the iPhone 4. 2) There are plenty of consumers including the media who can clarify how this problem can be replicated on just about any iPhone 4. 3) Apple appears to have had prior knowledge about the problem and decided to sell "bumper covers" as a solution.

    1. Anonymous Coward
      Anonymous Coward

      Do you mean?

      Did you mean to say "Apple admits to these hardware defects built-in to the iPhone4"?

      Because I don't think they have.

      Also, I noticed earlier today a new thread starting on some message boards about a fix. Turns out that these people were using standard SIMs that they had cut down themselves rather than proper micro-SIMs.

      Someone noticed that their cut-down SIM leaves two of its contacts exposed on one edge and that they appeared to be shorting on the metal of the SIM holder. A small piece of tape on the holder solved his problem and a number of other people are jumping in to say it's solving their problem too.

      If that *is* the problem, then the fault is only indirectly with Apple for having a metal SIM holder, but then it's not meant to be used with home-made SIM cards.

  2. Anonymous Coward
    Anonymous Coward

    No chance

    By definition the owners of these devices are early adopters who are almost cetainly of the 'fanboi' breed. This means they will wish no harm to Apple Electronics for fear of choking off their iSupply of tech mana.

  3. bazza Silver badge


    The USA. Land of the free. If a company screws you, you're free to sue them, at your own expense.

    I prefer the European model. If a product is sold but is not fit for purpose, then the company is legally obliged to refund you, and there's a government agency ready to enforce that on your behalf. Consumer protection laws are a great thing!

    1. Asgard

      @"you're free to sue them, at your own expense."

      In other words, "free to sue them" effectively means *powerless to sue them*, because people on their own don't have the money to stand up to the corporations and the corporations want it this way.

      I suppose you could say class actions are the nearest thing America has to consumer protection but that really means the lawyers profit from the hardship of others and they only take on cases they see a chance of profiting from. So its a poor substitute for a government consumer protection agency.

      Sadly the US is basically a Corporatocracy (where laws are heavily biased by the wishes of powerful corporate lobby groups) so its hardly surprising to find they fail to sufficiently protect people from the corporations. The point being, the corporations wouldn't want a government consumer protection agency.

      So land of the free is really land of the free to exploit the little guy and thats the way the corporation lobby groups want to keep it. :(

  4. Anonymous Coward

    Get a &%^$ing refund!!

    Sorry, we're allowed to sue for dodgy products now?? Just get your money back if it's plaguing you with such problems. Mine works fine thanks.

    1. Marky W

      Restocking fee?

      I thought some US chain outlets claim a restocking fee (10-15%) on refunds. Don't know much more though e.g. how does this work with defective goods? I know restocking fees on shonky products is illegal in the UK, but over there?

      Any merkins out there who can enlighten me?

      'course, you need to get the shop to agree the phones defective first, rather than your hand...

  5. Anonymous Coward

    What waste of time

    I appreciate it's not always easy to return products, but most countries have some basic consumer law that states something like "If you're not happy, bring it back and we'll refund or replace it for you.".

    Nope, in the land of the fat and greedy, apparently it's easier to call a lawyer. Wait 9 months for the case to be heard, wait another 6 months for a decision then finally you might get your money back and maybe nominal token payment for your trouble. This of course assumes you're lucky enough to actually get that far and not get laughed out of court at the start.

    I suppose it achieves one thing these people want. The very fact we're discussing it means it raises awareness of the whole issue.

  6. Anonymous Coward
    Thumb Down

    Totally wrong

    Although I dislike Apple, their products and methods, I think this is totally wrong that a bunch of solicitors are advertising for clients just for the chance of suing a company. They are not interested in the clients or their welfare but just interested in all the money they will make from the lawsuit. America is well and truly fucked up.

  7. bitmap animal

    Refund indeed

    I bought a pair of jeans online, they are the right size but the cut is wrong so they don't fit me well. They have gone back for a refund. It never occurred to me that I should call in the lawyers to make the jeans manufacturer take them back and change the design.

    I suppose I should also sue Ford because I'm traumatised that I can't fit into their GT40 – the possibilities are endless.

  8. Anonymous Coward
    Anonymous Coward


    Prosecutors who work for the government prosecute.

    Scum sucking ambulance chasing lawyers who work for private clients litigate.

  9. James Robertson 2

    take it back for a refund

    If its not working or your not satisfied just take it back, how hard is that?

    I bought things from shops, that havnt been fit for the purpose as advertised, I took them back and got a refund, then went and bought something else.

    About time that companies started having a go at the lawyers and sue them.

  10. Code Monkey

    How to get an Applephobe to change his mind...

    ...send in the lawyers. So in the spirit of my enemy's enemy is my friend: go Steve!

  11. Andy Fletcher

    Tiny flaw in the plan

    Trying to get a bunch of Apple early adopters to complain about Apple. Good luck with that.

    For their next trick, they could try soliciting Catholics to put together a class action against God over Bible discrepancies.

  12. Anonymous Coward
    Anonymous Coward

    @bitmap animal

    Yes, getting a refund is the way it ought to work ... however if when you complained that your jeans didn't fit the retailer had said that the jeans were fine but you were the wrong shape and you should change that so the jeans "worked" then maybe you'd have a different response.

  13. David McMahon
    Jobs Horns

    This is why...

    You don't queue for things the first day they are released, as a leftie, I know not to buy a "holy handset"!

    Can't think why the antenna is not at the top if the phone??

  14. TomCat1346
    Black Helicopters

    Bunkered in Montana

    Early adopters=Beta testers!

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