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Wolfe's Den
California Lawyer Seeking Plaintiffs For iPhone Class-Action Suit
A Saratoga, Calif., attorney is increasing the legal heat on Apple in the wake of the iPhone bricking dispute.
Posts Fernandez on his site: If you would like to join in filing a lawsuit against Apple Inc., you should contact us immediately if any one of the following categories applies to you: Careful readers will note that my previous post referred to a person who was querying Apple's iPhone discussion forum to find out whether there was any interest in a class-action suit against the company. (Apple subsequently deleted the post.) Fernandez's solicitation of people to join the suit, and the fact that he's actually a lawyer, obviously, kicks the legal activity up a notch. The big question: Can he win a suit, or is Apple insulated by the fact that it's given advance warning to iPhone users that bad things (very, very bad things) would happen to those who messed with a mobile device they'd paid good money for? P.S. See my original post, Apple Users Talking Class-Action Lawsuit Over iPhone Locking, as well as Apple's official response in the follow-up, Apple Sticking To Guns Amid iPhone 'Bricking' Fiasco. [Update: Tuesday, Oct. 2, 5:30 p.m.] I asked Damian a question that I think is on the minds of all the people who've posted comments here and on my previous posts. Namely, why does he think he can win? A lot of people are taking the position that Apple warned users of the consequences of unlocking or downloading third-party apps. Therefore, users agreed to a "contract" and have nothing to complain about or litigate. He politely declined to answer, saying he couldn't because of rules of professional conduct prohibiting pre-lawsuit communications. So, I'll throw the question open to any attorneys out there, because their comments are worth more than our layperson speculation: Is there a case here? [Update: Friday, Oct. 5, 7:00pm. See Apple Class-Action Suit Filed By California Man Over iPhone Bricking.] « Titan, Not Online Services, Is Microsoft's Real SaaS Play | Main | What's The Value Of IT? » |
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