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November 19, 2008 12:00 AM PST

Apple Lawsuit Saga Continues: iPhone 3G Hairline Cracks

by Ben Wilson

The number of lawsuits that have been brought against Apple is one higher, with a plaintiff alleging that Apple failed to recognize a common problem with the iPhone 3G wherein hairline cracks appear in the iPhones casing.

The suit was filed in the New York district court by Nassau County resident, Avi Koschitski. Like other suits filed earlier in the year, this one alleges that 3G network problems put the iPhone and the AT&T network in stark contrast to advertising indicating that the iPhone is "twice as fast" as the previous version. The lawsuit also names AT&T as a defendant and seeks a jury trial, asking for statutory, compensatory and punitive damages.

"Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold," Koschitzki's attorneys wrote.

The brief continues: "Due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage."

Koschitzki further claims that he is among a number of iPhone users who have noticed hairline cracks that form in the iPhone 3G's casing usually around the camera and near the volume button on the side of the iPhone. Reports from iPhone Atlas readers have indicated that the cracks appear on the bottom of the phone near the sync cable port and near the ear phone jack. Some users are reportedly finding the phones cracked coming new out of the box as well.

Apple's discussion boards are full of activity related to the issue, as discussed here. The aforementioned thread was viewed 10,307 times and contained 297 posts at last check.

Apple, so far, has not admitted to any problems with the iPhone 3G casing, and probably will not while a lawsuit us pending. Koschitzki's lawsuit states: "Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public."

More xample photos of the cracks can be found here, here, and here.

The photo accompanying this article is credited to Nevin Styre.

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by jack_c27513 November 19, 2008 12:26 PM PST
This is just rediculous.

I have had my iPhone for 4 months, and have dropped it on every sort of surface, rattled it in my pocket with keys and change, and it still looks great.

The iPhone is frankly amazing in what abuse it will stand up to, just yesterday I dropped it, face down, onto a tile floor, the very same floor that broke the LCD of my 8800 Blackberry, (work) and not a scratch, no broken screen, nada.

I won't say my phone is not scratched a bit, but it still shines up very nicely. If it has a few hairlines, I'd have to chalk it up to wear and tear. Anybody that has a damaged unit from the store, well they should simply return the unit for exchange or refund. The warranty and service after the sale are quite good, whether at AT&T or Apple.

As for AT&T's network, while VERY flaky at first, any issues have been completely resolved since the 2.1 firmware. The call quality and data far exceed what I get with with my Verizon blackberry. No dropped calls, VERY fast data, no issues, just seemless operation. Even the battery life is pretty good compared with most other smartphones, again since firmware 2.1.

The iPhone is a very high quality, durable unit, with outstanding, proactive support behind it. Too bad these guys have to try to earn their parasitic living on it.
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by stevesaun10 November 20, 2008 6:17 AM PST
On the other hand, the people purchasing these devices and paying a premium with AT&T expect a certain level of quality and build that frankly Apple hasn't provided in years. And sadly, this is what happens when you outsource to third world countries that have no quality controls in place.

One has to look no further than HP. A few years ago, no one could touch their printers for quality and durability. Now, they're garbage.
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by plaintiger November 21, 2008 11:32 PM PST
Sony took the same road years ago. i was fiercely brand-loyal to Sony for years because of the consistently high quality of their products, documentation, and overall user experience. at one point back then, their tagline was, "It's a Sony," and with good reason: that was truly all you needed to know. if it said Sony on the case, it was a sound investment. i think that was still their tagline, however, when i bought my first Malaysian-made Sony something-or-other and felt my first twinge of fear for the future of the brand. as it turned out, the fear was well-founded and the name Sony now serves not as an assurance, but as a warning. cryin' shame...but all too often the way of the world.
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by Bob Weston November 22, 2008 7:32 PM PST
I found that my white iPhone 3g had this same problem this week.

The crack appeared at the bottom of the phone and it ran from the power port part of the phone up the back about 1/4 of an inch.

I did a little research and found that while some people have been able to get replacements at the Apple store, others have not. Apparently, whether this problem is deemed a defect or non-covered issue is entirely at the discretion of the Apple Genius who handles your case.

Today, I went to the Apple store in Delaware and made sure I was very, very nice to the Apple Genius. She examined the phone and came back and told me she was replacing it with a new phone.

I've got a new phone and am very happy. I suspect, if one goes to the Apple store with the right attitude, it wouldn't be that hard for most people having this problem to get the same results.

For what it is worth, I've had my phone since July 12. This is the first and only issue I've had with it. I'm very happy with the purchase.
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