The lawsuit, which was filed in a New York District Court by Long Island resident Avi Koschitzki, said Apple shipped a device they knew was defective. He said the smartphone was not as fast as the ads portray, and the 3G connection is still faulty.
When Apple released the iPhone 3G this summer, one of the biggest selling points was the high-speed 3G connection. But almost immediately after launch, complaints rolled in from around the globe about issues with staying connected to 3G networks.
Apple eventually acknowledged there was a problem, and later released a firmware upgrade that was supposed to resolve the issue.
The lawsuit also claims that the iPhone's casing is susceptible to cracking. While not as big as the complaints about 3G, there have been mounting concerns that the white iPhone frequently gets cracks.
"Although Apple was and is aware that the handsets were and are defective, and that consumers have experienced repeated instances of cracked housings, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public," the complaint said.
Apple has been hit with other lawsuits regarding the reception and connectivity of the handset, and it has also had to pull an ad in the United Kingdom because the commercial was deemed misleading. The company has not responded to press inquiries regarding the latest lawsuit as of this writing.
The legal matters do not appear to be affecting the popularity of the touch-screen smartphone, as Apple recently sold 6.9 million iPhones in the third quarter. The company has already surpassed its goal of selling 10 million handsets in the calendar year, and the iPhone 3G was the top-selling handset in the United States last quarter.