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An Alabama woman filed a lawsuit filed on Tuesday accusing Apple of advertising Internet speeds of the Phone 3G are double that of the first generation iPhone when existing cellular infrastructure makes those speeds impossible to reach in most areas.

The 10-page complaint filed by Jessica Smith of Birmingham says that Apple’s marketing campaign is mis-leading consumers with claims of “twice as fast” as the original iPhone where reports from around the United States show that actual performance of the device falls well below that mark.

In her complaint, Smith continuously refers to the “Defective iPhone 3G.” She complains that actual speeds of e-mail, text, and most other downloads to her iPhone 3G are considerably slower than the speeds promised by Apple’s marketing team. Of course there is the reliability of her connection that seems to be the real issue here. The iPhone 3G according to Smith actually connects a to 3G network less than a quarter of the time even in urban areas where AT&T indicates that she should be getting “excellent” 3G signal. This connection problem also results in an “inordinate” amount of dropped calls she says.

Because Smith is sure that she is not the only one experiencing these issues with the iPhone 3G she has decided to introduce the suit as a class action. This may not be bad thinking on her part because we have seen numerous complaints about the same issues posted on blogs all across the internet. The complaint states that the number of users experiencing the same quality of service potentially runs into the “tens of thousands” and so it will be more accurate if all of those iPhone 3G owners are represented as one instead of “tens of thousands” of individual cases.

As compensation for the false advertising attributed to Apple, Smith and any who might join in on the lawsuit seek damages represented monetarily and also would order Apple to either fix iPhones or replace them with models that meet the expectation set by their marketing campaign.

Secretive as usual, Apple has not yet commented on the lawsuit. Smith’s case is the first to seek legal damages caused by iPhone 3G connection problems. Apple did recently confirm that the recently released iPhone 2.0.2 update will fix some of these problems.

Are you experiencing speed issues with your new iPhone 3G? Take our free speed test and find out!

Let us know what you find.

This entry was posted on Thursday, August 21st, 2008 at 5:28 pm and is filed under 3G iPhone, Apple, Lawsuit, Legal, iPhone, iPhone 2.0. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.