Apple heading for court in another iPhone 3G potential class action

Stephen Withers
Thursday, 04 September 2008 07:47

Business IT - Technology

Why has it had to come to a court case? Surely a purchaser is entitled to return a phone and cancel the contract if it proves unsatisfactory?

AT&T's return policy says "If the equipment you purchased directly from AT&T does not meet your expectations, simply return it either to a store or by mail within 30 days from the date the equipment was purchased or shipped" and "You may cancel service within 30 days from the activation date to avoid the early termination fee of $175."

So presumably the case is not about getting a refund, but about punishing Apple and AT&T for allegedly failing to live up to the claims they made, or for not making the disclaimers clearer.

If so, why has it fallen to a private citizen to bring the case? Why aren't the state or federal governments taking action? Surely it is a proper role of government to enforce laws and to impose penalties, leaving civil proceedings as a mechanism for people to recover any actual damages.

If for example, a company's negligence leads to an explosion at a natural gas plant and hundreds of restaurants and other businesses have to close until supply is restored, that seems to me to be a sensible use of litigation.

But a class action like the one's proposed over the iPhone 3G strike me as being a way of allowing already well-heeled lawyers to trouser a significant sum from Apple's coffers, with very little benefit likely to flow to affected customers.

So wouldn't it be more sensible for governments to square up to corporations that don't deliver what they offer? The Australian experience shows it can work.