Commentary
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.A Saratoga, Calif., attorney is increasing the legal heat on Apple in the wake of the iPhone bricking dispute.
[People Coming Via Slashdot: You want this post from Friday, Oct. 5, 7:00pm, which reports on the actual filing of the suit: Apple Class-Action Suit Filed By California Man Over iPhone Bricking.]
Lawyer Damian Fernandez has launched the Apple iPhone Lawsuit Web site, where he's actively soliciting people to lawyer up for a little litigation.
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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:--You own an iPhone and you want to transfer to a wireless carrier other than AT&T. You fall into this category even if you did not unlock your iPhone or have your iPhone disabled by an iPhone update
--Your iPhone was disabled, malfunctioned, or you had third-party applications erased after you downloaded iPhone update 1.1.1
--You took your iPhone to Apple for repair and Apple refused to honor your warranty because you did any one the following: (1) unlocked your iPhone, or (2) installed a third-party application.
(He's also adding in a couple of unrelated categories, including users who've incurred cancellation fees transferring to AT&T and those who had roaming charges.)
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.] Damian Hernandez pinged me to ask that I make clear that, because of laws regarding lawyer advertising, he's only seeking California residents to join in his suit. As well, he's added a sixth category to his class-action list, which is people who purchased a third-party warranty at extra cost because of Apple's released statement that it will not honor warranties on unlocked iPhones.
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.]
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