Apple Faces Class Action Over Broken "Unlocked" iPhones

Authored by Mark Hefflinger on October 10, 2007 - 10:29am.

Santa Clara, Calif. - Purchasers of Apple's iPhone who used software to unlock them for use on networks other than AT&T, and later found their phones broken after downloading a software update from Apple, can now join a class action lawsuit against the company.

Filed on Friday in Santa Clara County Superior Court by one Timothy P. Smith, the lawsuit -- which seeks class action status -- claims that Apple violated California's antitrust and fair business practice laws.

The complaint points to an exemption in the Digital Millennium Copyright Act that allows consumers to alter the devices so that they can function on any wireless network.

It also claims Apple's and AT&T's insistence that the iPhone be used on AT&T's network violates California antitrust law.

When releasing the iPhone software update in question, Apple stated that users who had "unlocked" their iPhones had rendered their warranties void.

The lawsuit seeks treble damages and an injunction against Apple.

 

Related Links:
http://tinyurl.com/36rtc4 (PDF of complaint)

http://www.theregister.co.uk/2007/10/10/iphone_bricking_lawsuit

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