Guide to the TechWeb Network


The InformationWeek -- Blogs
Wolfe's Den Blog

Topics:   Wolfe's Den

  • Email this page E-mail this page
  • |  Print this page Print this page
  • |   Bookmark and Share

iPhone Price-Cut Lawsuit Could Morph Into Apple Class-Action Case


Posted by Alexander Wolfe, Oct 4, 2007 09:10 PM

The lawyer behind the case in which a New York City woman is suing Apple and AT&T for $1 million over its $200 iPhone price cut has got another legal move up her sleeve. It could potentially elevate the litigation from a curiosity that's been derided throughout the blogosphere (like here, where it's called "the moronic lawsuit of the day") into a serious action complete with an antitrust allegation.

The lawyer, Jean Wang, who practices out of the downtown Flushing, N.Y., neighborhood that's been revived over the last 20 years by massive immigration from China and Korea, isn't some two-bit ambulance chaser. She went to Columbia University for her undergraduate education, and got her law degree from American University in Washington, D.C..

I was curious about her case, so I called her. She told me that the seemingly minor action, in which Dongmei Li is charging price discrimination over Apple's June iPhone price cut, could get much bigger.

"I'm looking for a class action," Wang said, noting that she's planning to seek reimbursements for all early iPhone purchasers affected by the cut. "Right now, I'm seeking as plaintiffs people just like Li, who feel their property was devalued."

Mindful of the many people who are all but laughing at some Queens woman for taking on mighty Apple, I asked Wang if she really thought she had a case. "My chances are high," Wang told me. "We're suing them not for lowering their prices, but for the various antitrust violations that have resulted from them lowering their prices."

Wang clarified the point, saying she's suing Apple not just for cutting its price, but "lowering their prices despite market conditions." That is, she's charging anticompetitive behavior.

The legal time line here is that the next step in the case comes on Jan. 11, when a scheduling conference is set before Judge Thomas Boyle in the Alphonse M. D'Amato U.S. Courthouse in Central Islip, N.Y.

Between now and then, Wang will see if the Li case can be extended into a class action. Wang has set up a site, wanglawoffice.com, where she's looking for plaintiffs to join the suit.



Claim 1 from Dongmei Li's lawsuit against Apple. (Click picture to enlarge, and to see four of the other claims.)

So, should Apple and AT&T be concerned? On a macro level, no. There's always ongoing litigation, and it's true that most cases are small potatoes. However, on a micro level, let's not deride every plaintiff seeking redress for a perceived wrong. Weren't laws enacted on behalf of the people, and aren't they there to be used if and when needed?

I'm not taking sides here. I'm simply saying that the correct party usually wins in the end, and that Apple can certainly defend itself.

The thing many laypeople don't get is that litigation doesn't turn on your common-sense understanding of the issues involved. Nor does one's personal opinion of Steve Jobs' behavior matter. All that counts is the law, legal precedents, and how judges -- and, if it comes to that, juries -- interpret same.

We let the likes of Apple determine how best to do technology. Let's let the legal system decide how and where the law applies.

P.S. As I've previously reported, California attorney Damian Fernandez is looking into a separate class-action suit, over bricking. See also Apple Sticking To Guns Amid iPhone Bricking.

[Update: Friday, Oct. 5, 7:00pm. See Apple Class-Action Suit Filed By California Man Over iPhone Bricking.]

« iPhone Brick Debate Is About Consumer Rights And Smartphone Freedom | Main | Privacy: What's The CIO Got To Do With It? »



Tomorrow's CIO: Do you have what it takes?
Find out at the 2008 InformationWeek 500 Conference
Sept. 14-16, St. Regis Resort, Monarch Beach, Calif.


Sign up now for the weekly InformationWeek Blog Newsletter.


This is a public forum. United Business Media and its affiliates are not responsible for and do not control what is posted herein. United Business Media makes no warranties or guarantees concerning any advice dispensed by its staff members or readers.

Community standards in this comment area do not permit hate language, excessive profanity, or other patently offensive language. Please be aware that all information posted to this comment area becomes the property of United Business Media LLC and may be edited and republished in print or electronic format as outlined in United Business Media's Terms of Service.

Important Note: This comment area is NOT intended for commercial messages or solicitations of business.






  1. Windows Vista: The OS About Nothing
  2. You Thought Vista Was Bad?
  3. Google Chrome: Browser Or Cloud Operating System?
  4. Apple Nixes 'Pull My Finger' App, Even Though It's A Gas
  5. Sarah Palin's Babygate And The Future Of Journalism


  1. Radical Desktops Deliver Power To The People. But What About IT?
  2. Need Disaster Recovery On The Cheap? Think Virtualization
  3. No Virtualizing Without A License
  4. Smart Stuff: The State Of Business Intelligence 2008
  5. Down To Business: Are Technology Leaders Focusing Too Much On The Small Stuff?
  6. Rolling Review Wrap-Up: Vendors' RFP Responses Make The Case For Switching

 
 

  Ars Technica
Boing Boing
Channel 9 Forums
CRN Blogs
Dr.Dobb's Portal: Blogs
Engadget
Gizmodo
GrokLaw
  Lifehacker
Schneier on Security
Slashdot
TechCrunch
Techdirt
Techmeme
Valleywag

  FEBRUARY 2008
JANUARY 2008
DECEMBER 2007
NOVEMBER 2007
OCTOBER 2007
SEPTEMBER 2007
AUGUST 2007
JULY 2007
  JUNE 2007
MAY 2007
APRIL 2007
MARCH 2007
FEBRUARY 2007
JANUARY 2007
DECEMBER 2006
NOVEMBER 2006