Kevin McCaffrey Files Class Action Lawsuit Against Apple For Antenna Problems

Posted Jul 1, 2010

Nottingham, Maryland resident Kevin McCaffrey has filed a class action lawsuit against Apple Inc. (NASDAQ:AAPL) over the antenna problems on the iPhone 4.  The following issues were claimed in the lawsuit:
? General Negligence (APPLE and AT&T)
? Defect in Design, Manufacture, and Assembly (APPLE)
? Breach of Express Warranty (APPLE)
? Breach of Implied Warranty for Merchantability (APPLE and AT&T)
? Breach of Implied Warranty of Fitness for a Particular Purpose (APPLE and AT&T)
? Deceptive Trade Practices (APPLE and AT&T)
? Intentional Misrepresentation (APPLE and AT&T)
? Negligent Misrepresentation (APPLE and AT&T)
? Fraud by Concealment (APPLE and AT&T)

At the bottom of the iPhone 4 are two parallel slits where the antenna is built in.  If you place your fingers over them when talking, it is highly likely that your call will be dropped.  Throw this on top of AT&T’s already-shoddy service and you will see a lot of angry customers.  The lawsuit was filed by Ward & Ward, PLLC and Charles A. Gilman LLC on behalf of McCaffrey, Linda Wrinn, and several others.

Another reason why some people may be getting antsy is because of Steve Jobs’ responses to the antenna problems.  A man that owns the iPhone 4 posted a video of him showing the antenna problem.  Apple contacted him asking him not to post any more videos.  After that the man e-mailed an Apple engineer about the problem.  Jobs replied to him directly saying “No, you are getting all worked up over a few days of rumors. Calm down.”

The man replied to Jobs saying that he had dinner with three friends who have iPhone 4 devices and they all have the same issue.  He was insulted that Jobs referred to the issue as “rumors.”

Then Jobs’ replied:
“You are most likely in an area with very low signal strength.”

The man told Jobs that other iPhones have great service in those areas.  Jobs replied to that e-mail by saying:

“You may be working from bad data. Not your fault. Stay tuned. We are working on it.”

And finally Jobs responded to the guy again without a reply, saying:

“Retire, relax, enjoy your family. It is just a phone. Not worth it.”

I think the best thing to do for now is make sure to hold the iPhone 4 the best way possible without covering the antennas.  I have had the iPhone 4 for two days now and am very happy with the purchase I made.

[Gizmodo and Examiner]