Another Customer Sues Apple, AT&T For Underperforming iPhone

September 4, 2008 8:41 p.m. EST

San Diego, CA (AHN) - An iPhone customer is suing Apple Inc. and AT&T for alleged misrepresentation after getting poor performance from the 3G mobile device.

"Apple and AT&T have misrepresented to the public the speed, strength and performance of the 3G-bandwidth network," William J. Gillis Jr. said in his Aug. 29 complaint filed in San Diego, California.

Apple advertised the iPhone 3G as faster than the first Internet-capable handset released in June 2007. But Gillis claims that because Apple oversold iPhones 3G handsets in July, AT&T's faster third-generation network could not handle the overload and switches over to slower networks.

Gillis wants the complaint upgraded into a class-action suit. On Aug. 19, an iPhone customer whoa experienced dropped calls and slow download speed sued Apple in a federal court in Birmingham, Alabama.