Class-Action Suit Against Apple Over Weak iPhone Battery
Gizmodo is reporting that a man named Trujillo has filed the first class-action lawsuit against Apple and AT&T because of the iPhone. The lawsuit alleges that the companies should have disclosed to consumers that the device has a weak battery that cannot be removed and therefore forces obsolescence shortly after purchase.
“The battery enclosed in the iPhone can only be charged approximately 300 times before it will be in need of replacement, necessitating a new battery annually for owners of the iPhone,” explains the complaint. “Unknown to Plaintiff, and undisclosed to the public, prior to purchase, the iPhone is a sealed unit with it’s battery soldered on the inside of the device so that it cannot be changed by the owner.”
Apple has in the past denied this claim, saying, “[The battery] is designed to retain up to 80% of its original capacity after 400 full charge and discharge cycles.”
Although Apple has been widely criticized for the non-removable battery design and is expected to announce a battery replacement program to address concerns, we believe the case is frivolous. It’s hard to imagine Trujillo could have charged his iPhone 300 times and discovered a problem when the iPhone has only been in circulation a very short time.
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This news via Gizmodo.
Filed under: Treo and Palm news








Ouch, Whether the suit is frivolous or not this is not the type of publicity that the iPhone needs.
I was also a little curious about the numbers that the plaintiff posted regarding the number of units Apple “claims” to have sold. It states 500,000. I thought it was lower than that.
Obviously this guy is thinking that if 500,000 or a large portion of this number join him in the lawsuit that they’ll get a some sort of compensation. Maybe a reduction in their monthly service contract?
Obviously Apple didn’t learn from Palm’s idea:
1) put underpowered batteries in device
2) make battery removable
3) offer “extra” batteries for a stiff price
4) profit (and no class action)
The iPhone battery arrangement isn’t much different from the Treo 600, actually probably easier to get a replacement when the battery dies. Although it makes much more sense to create laptops and phones with user-swappable batteries, it appears Apple prefers their iPod model of building batteries within their devices. It was pretty obvious when I held an iPhone that it had no user-replaceable battery… wonder what this guy was thinking when he plunked down half a thou on one….?
Finally! Everyone needs to get over the “Sleek Look” of the iphone.
The iphone is like all macs, just for the fun features.
Treos are a much better buisness phone
I love my 680 and I love my iPhone. This is about batteries ONLY, not Palm vs WM vs Apple. Here is my experience:
- I get twice the battery life out of the iPhone than my 680.
- I have WiFi and Bluetooth running ALL THE TIME. About 3 hours of BT headset talking a day
- I lose only 10% of my charge overnight
- I spend about 1.5 hours on the ‘Net a day (WiFi and EDGE)
- the 680 lasts from 8 am to about 7 pm
- the iPhone lasts from 8 am to 1 pm THE NEXT DAY
Sent from my iPhone
“[W}e believe the case is frivolous. It’s hard to imagine Trujillo could have charged his iPhone 300 times and discovered a problem when the iPhone has only been in circulation a very short time.”
That is kind of silly. From your description, the fellow seems to be suing for fraud. He doesn’t need to have suffered damages beyond the fraud itself to have a viable claim. If he didn’t know of the false statement, and it was reasonable not to know of its falsity, and it was a material term (meaning he relied on having a more substantial and useful battery and would not have purchased had he known), he has a right to rescission and consequential damages, whatever those may be.
If I buy a car believing it has side airbags because the auto maker somehow encouraged customers to believe that, I needn’t wait for the nonexistent air bags to fail nor be injured in an accident in order to sue for fraud.
Most people who were critical of the IPhone knew about this battery defect as soon as it was marketed, but those who fell prey to Apple’s whiz-bang PR promotion might have been more gullible and deserve relief if they were defrauded by Apple.
“[W}e believe the case is frivolous. It’s hard to imagine Trujillo could have charged his iPhone 300 times and discovered a problem when the iPhone has only been in circulation a very short time.”
That is kind of silly. From your description, the fellow seems to be suing for fraud. He doesn’t need to have suffered damages beyond the fraud itself to have a viable claim. If he didn’t know of the false statement, and it was reasonable not to know of its falsity, and it was a material term (meaning he relied on having a more substantial and useful battery and would not have purchased had he known), he has a right to rescission and consequential damages, whatever those may be.
If I buy a car believing it has side airbags because the auto maker somehow encouraged customers to believe that, I needn’t wait for the nonexistent air bags to fail nor be injured in an accident in order to sue for fraud.
Most people who were critical of the IPhone knew about this battery defect as soon as it was marketed, but those who fell prey to Apple’s whiz-bang PR promotion might have been more gullible and deserve relief if they were defrauded by Apple.
I am sorry to say but I think that this guy has a legit law suit against them none the less I will stick with a treo phone it is a lot better and has interchangeable parts and sufficient apps that people can use and can take a lot of abuse and still work no matter what unless you crush it
I am sorry to say but I think that this guy has a legit law suit against them none the less I will stick with a treo phone it is a lot better and has interchangeable parts and sufficient apps that people can use and can take a lot of abuse and still work no matter what unless you crush it
I’ve had an iPod for a few years now, and the battery is finally getting weak. There is a thriving after-market business of providing battery replacements for these “old” (4th Gen) iPods; you can buy the battery and do it yourself, or you can pay someone to do it for you. I expect that before this uninformed iPhone user hits his battery’s expected life he will have either changed to a new phone, or he will find a way to have it replaced. Sounds to me like a hungry lawyer is the one who decided that Apple (deep pockets) needed to be sued. The lawyer is the only one who really gets anything significant out of a class-action lawsuit.