Apple Files Class Action Lawsuit Against iPhone Customers July 3, 2007Posted by chuckwh in Apple, blogs, iPhone, Scoble.
Apple, Inc., today filed a class action lawsuit against purchasers of the new iPhone, saying in court documents filed today in Santa Clara County that it has become “the victim of malicious whining from a cluster of overly aggressive customers who, in their frenzy to acquire the greatest gadget of all time, tainted the name of the company when their precious toys didn’t activate instantaneously.” The lawsuit is asking for between $499 and $599 from each customer who purchased the new phone, depending on the model purchased, as well as unspecified damages.
Legal experts are not aware of any precedent for such a lawsuit, or even if it is possible for a company to file a class action suit against customers. “I’m not sure if there is any legal precedent for this or not,” said attorney Alberto R. Gonzales of Boston’s Crane, Pool & Schmidt in an email to The Gore Years. “But in my opinion, legal precedent is not relevant in most judicial circumstances. The first consideration that needs to be made when considering legal action is who’s got the most leverage in the case, the most power?”
The lawsuit claims that the same users who salivated over the phone’s initial launch turned around and attacked the company on blogs and message boards, thus damaging the company’s reputation. A company spokesperson today discounted the possibility that customers were simply tired and cranky after waiting as long as 72 hours in line for their devices. “Scoble wasn’t bitchy,” said the spokesperson. “You didn’t hear him whining.”