Apple and US network partner AT&T have been hit with a lawsuit which accuses the companies of misleading consumers over the iPhone's 3G speeds.
The lawsuit, brought by San Diego resident Peter Keller, accuses the two companies of Negligence, Breach of the Express Warranty and Implied Warranty of Merchantability, Fraud and Deceit, Negligent Misrepresentation, Unlawful Business Practices, and False and Misleading Advertising.
Keller claims the iPhone 3G and the network do not live up to the advertised speeds. The lawsuit also says that users only experience 3G connectivity a fraction of the time.
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"Consumers are unable to choose any other network or carrier when using their iPhone 3G," the lawsuit reads. "Through this joint agreement, Apple and AT&T have engaged in a collaborated scheme to deceive plaintiff and other consumers, since the iPhone 3G and AT&T 3G Network is faulty and rarely provides 3G connectivity to its customers."
The lawsuit seeks corrective labelling and advertising on the iPhone 3G, a constructive trust on all monies obtained by Apple and AT&T for the iPhone 3G, and punitive, compensatory and statutory damages.
This isn't the first lawsuit Apple and AT&T face over the speed of the 3G network. In August, an Alabama woman sued the companies for failing to deliver on the promise of fast speeds on the iPhone 3G.