A New Jersey resident and a Massachusetts resident who had bought the new mobile phone filed separate complaints yesterday in federal court in San Francisco, each seeking to represent other iPhone buyers in a class-action, or group, lawsuit. A separate complaint was filed this morning in Maryland, alleging Apple and wireless carrier AT&T Inc. were negligent in marketing the phone.
"Apple’s sale of the iPhone with this unannounced defect, assuming Apple’s prior knowledge of the defect, constitutes misrepresentation and fraud," Christopher Dydyk of Cambridge, Massachusetts, said in his complaint. "In omitting to disclose the defect in the iPhone 4, Apple perpetrated a massive fraud upon hundreds of thousands of unsuspecting customers."
Maryland residents Kevin McCaffrey and Linda Wrinn, on the other hand, wrote in their complaint that both AT&T and Apple "actively suppressed and concealed the fact that the iPhone 4 could not be held in a manner consistent with the normal usage of wireless communication devices." Kevin and Lina want jury trial and seek unspecified damages.
The California cases are Alan Benvenisty v. Apple, 10-2885, and Christopher Dydyk v. Apple, 10-2897, U.S. District Court, Northern District of California (San Francisco). The Maryland case is Kevin McCaffrey and Linda Wrinn v. Apple Inc. and AT&T INC., U.S. District Court, District of Maryland (Baltimore).
Media is still awaiting response from Apple on the case. Please stay tuned for updates.