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-   -   iPhone Owner Sues Apple (http://www.gamingforce.org/forums/showthread.php?t=25553)

The Wise Vivi Oct 2, 2007 05:16 PM

iPhone Owner Sues Apple
 
Source:

iPhone owner sues Apple for $1 million - CNN.com

Quote:

SAN JOSE, California (AP) -- A New York woman is so angry at Apple Inc. for lopping $200 off the price of the iPhone that she's filed a lawsuit seeking $1 million in damages.
art.iphone.hand.afp.gi.jpg

Apple lowered the iPhone's price on September 5 and also said it would stop selling the 4-gigabyte model.

Dongmei Li of Queens, New York, claimed the company violated price discrimination laws when it slashed the price of the 8-gigabyte iPhone by a third, from $599 to $399, within two months of the gadget's June debut.

Apple lowered the iPhone's price on September 5 and also said it would stop selling the $499 4-gigabyte model. Hundreds of early customers who paid full price didn't expect a reduction so soon and complained.

Apple issued an apology the next day. Under its return policy, Apple refunded the $200 difference for those who bought the phone within 14 days of the reduction. And in a move to make peace with those who purchased the higher-priced phone before that period, the company offered a $100 credit at Apple stores.

According to Li's lawsuit, filed on September 24 in the U.S. District Court, Eastern District of New York, the price reduction injured early purchasers like herself because they cannot resell the product for the same profit as those who bought the cell phone following the price cut.

Li purchased a 4GB iPhone for $499 and alleged that owners of the 4GB model were given less favorable terms than those who bought the 8GB model at the premium price, according to the lawsuit.

Apple spokeswoman Susan Lundgren declined to comment, citing the company's policy to not discuss pending litigation.

The lawsuit also named AT&T Inc., the exclusive carrier in the U.S. for the iPhone, and alleged the two companies' required two-year service contract for the iPhone constituted unfair business practices.

Mark Siegel, an AT&T spokesman, declined to comment, saying he had not yet seen the lawsuit.


I have never really bought into Apple's products, but do you think this person has the right to sue? Let alone sue that much? I mean everyone who went through that should sue Apple...

Anyway, did you buy an iPhone and then see the price cut? What did you do? How do you feel about it?

Do you think that Apple has (or will continue) to lose its reputation and such?

I personally think what Apple did was ridiculous and has screwed up their image a bit about being reliable and such.

Metal Sphere Oct 2, 2007 05:59 PM

While what Apple did looks bad, this lawsuit is ridiculous. Early adopters buy products soon after they're available knowing full well that price cuts will come eventually, regardless of how quick or how steep the reduction comes.

Bigblah Oct 2, 2007 06:00 PM

I've had it with people who think they're special because they buy expensive toys.

Angel of Light Oct 2, 2007 06:02 PM

This is exactly the reason why I won't buy a new piece of technology the moment it comes out because of unpredictable price drops such as this one.

Is this honestly what the world is coming to that the littlest, tiniest inconveinence to us we literally have to sue over just because this lady wasted a few hundred dollars for a product that she had to get right away instead of waiting a few months to a year to get that product she thinks she should be re-imbursed 1 million dollars.

I sincerely hope this lawsuit gets thrown out. If it doesn't this lady should only be re-imbursed the $200.00 difference and thats it.

I don't plan on getting a PS3 anytime soon because I know the price will eventually drop. Not as sudden as what the Iphone did but regardless I'm just sick of tired of hearing about so many stupid lawsuits from my point of view in every which way direction.

Maybe this little incident might hurt apple's reputation but I highly doubt it since they put out a lot of superior products that are used by quite a few people. More than anything else this incident will just be a little hickup within their company. Its nothing new, every company always goes through things like this.

Hydra Oct 2, 2007 07:00 PM

Quote:

Originally Posted by Bigblah (Post 510788)
I've had it with people who think they're special because they buy expensive toys.

+1. C'mon, she was the first on the block to play with the new toy. If that wasn't enough to make her happy, it sure as hell ain't apple's fault.

Slash Oct 2, 2007 07:54 PM

Lets introduce Ms. Li to the people who started this

Quote:

The 1.1.1 patch is going to be the "Red Ring of Death" for the iPhone, mark my words.

Now, some upset customers are calling for a class-action lawsuit against Apple for releasing the patch and bricking some iPhones.

Apple's forums have been on fire with complaints (which have been removed) claiming that Apple's actions were malicious and intentional.

While it sucks when you end up with an expensive brick, this is what happens when you hack products. You don't see anyone suing Sony over bricked PSPs, though to be fair, those are far less common.
It was funny to read some peoples reasonings why Apple should lose...one person even compared modifying software to installing a supercharger on a BMW

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Quote:

Dongmei Li of Queens, New York, claimed the company violated price discrimination laws when it slashed the price of the 8-gigabyte iPhone by a third, from $599 to $399, within two months of the gadget's June debut.
We give you much larga price because you asian! Seriously...like what ya'll have said, you KNOW the price is going to get dropped.

Quote:

Apple lowered the iPhone's price on September 5 and also said it would stop selling the $499 4-gigabyte model. Hundreds of early customers who paid full price didn't expect a reduction so soon and complained.
Which is why Apple acknowledged its mistake and did the rebates

Quote:

According to Li's lawsuit, filed on September 24 in the U.S. District Court, Eastern District of New York, the price reduction injured early purchasers like herself because they cannot resell the product for the same profit as those who bought the cell phone following the price cut.
-Translation-
According to Li's lawsuit, filed on September 24 in the U.S. District Court, Eastern District of New York, the price reduction injured early purchasers like herself because they cannot resell the product on ebay for thousands and thousands of dollars but must eat the fact that she bought a ridiculously priced cell phone that is still facing a lot of shit.

Quote:

Li purchased a 4GB iPhone for $499 and alleged that owners of the 4GB model were given less favorable terms than those who bought the 8GB model at the premium price, according to the lawsuit.
Yes, because you're paying 499, we should give you EVERYTHING. Here's an idea, how about for the cheap iMacs they put in 4 gigs of memory and throw in a 30 inch monitor while the people who pay 2000 for the G5's get 2 gigs of memory and a 30 inch.

Quote:

Mark Siegel, an AT&T spokesman, declined to comment, saying he had not yet seen the lawsuit.
-Translation-
Mark Siegel, an AT&T spokesman, declined to comment because he is currently too busy in his office laughing his ass off.

Sarag Oct 2, 2007 08:23 PM

Quote:

Originally Posted by The Wise Vivi (Post 510771)
I have never really bought into Apple's products, but do you think this person has the right to sue? Let alone sue that much?

I absolutely do. The judge's job is to determine whether her complaint has merit, and I doubt he will find that she does.

I mean if she wants to dump her money into a sinkhole against apple, who am I to say no to that?

Arainach Oct 2, 2007 09:26 PM

Always cracks me up in the electronics market. Especially people who sell shit and say "I paid $800 for this, don't try to lowball me". Not my fault you were retarded. Your laptop/phone/monitor/whatever is worth $200, I won't pay you more than $175, and neither will anyone who knows anything about this product.

guyinrubbersuit Oct 3, 2007 01:01 AM

What a frivolous lawsuit. Honestly companies do that all the time, and this is no different. I should sue Microsoft for discontinuing the Xbox forcing me to buy another piece of equipment when I want to retain the other equipment and continue to get new software for it. Or I should sue Sony for 'dropping' the price of the 60 gig PS3 only to release an 80 gig version for the previous price and then discontinue the 60 gig PS3. Savages I say!

Misogynyst Gynecologist Oct 7, 2007 12:43 PM

Quote:

Originally Posted by Bigblah (Post 510788)
I've had it with people who think they're special because they buy expensive toys.

However, the lawsuit does push Apple into the public eye. While there is no way in hell she'll get that amount of money, Apple will have to do something to save face.

In terms of "right place, right time" this woman knew what she was doing. Apple has to bend over for her or risk looking bad for years to come.

Yggdrasil Oct 7, 2007 02:50 PM

Well I sure hope the judge tosses this one out. If you are going to fork out the premium to become the coolest kid on the block with the newest toy you had better be ready to face the risks. And in this particular case she gets to look cool only for about a month or so and now she faces ridicule as all her friends get the same spiffy new toy, just without the price tag. So now she is throwing a temper tantrum. Hilarious.

Quote:

the price reduction injured early purchasers like herself because they cannot resell the product for the same profit as those who bought the cell phone following the price cut.
I was going to say something, but I think Slash summed it up pretty nicely.

Slash Oct 7, 2007 08:03 PM

I really think shes going to lose because Apple did offer everyone a 200 dollar rebate (if purchased in the first week or whatever) and a 100 dollar gift card (which will buy you what...a mouse and a keyboard? maybe some spiffy earphones?) and she did neither, so Apple better win

YO PITTSBURGH MIKE HERE Oct 7, 2007 08:22 PM

Quote:

Originally Posted by LeHah (Post 512638)
However, the lawsuit does push Apple into the public eye. While there is no way in hell she'll get that amount of money, Apple will have to do something to save face.

In terms of "right place, right time" this woman knew what she was doing. Apple has to bend over for her or risk looking bad for years to come.

Yes, the judge dismissing a frivolous lawsuit will irreparably damage Apple's reputation. Now I see.

Misogynyst Gynecologist Oct 7, 2007 09:18 PM

Has it been dismissed though?

I mean, a lot of things that you and I would see as frivolous actually go through the courts in a complete proceeding. Lest we forget that woman who won a life time of money from spilling hot McDonalds coffee on herself.

Bigblah Oct 7, 2007 09:25 PM

That's not nearly as frivolous, although the payout is ludicrous. Heck, someone just got 6.1 million for being stupid.

YO PITTSBURGH MIKE HERE Oct 7, 2007 09:28 PM

To be fair, though, that's only about $37.50 CDN. You have to take global markets into account when deciding a case as significant as this.

Misogynyst Gynecologist Oct 7, 2007 09:51 PM

Quote:

Originally Posted by Bigblah (Post 512782)
Heck, someone just got 6.1 million for being stupid.

If anything, the manager who did this to her was infinitely more stupid. This doesn't mean the girl shouldn't have faught back or questioned or screamed or kicked or walked out - but she was the person that more a victim than the rest. I have sympathy for her, not for the rest involved.

Better she get the money than anyone else involved in that trial.

Yggdrasil Oct 7, 2007 10:00 PM

Quote:

Originally Posted by Bigblah (Post 512782)
That's not nearly as frivolous, although the payout is ludicrous. Heck, someone just got 6.1 million for being stupid.

Its things like this that make our civil courts system look like a joke in my opinion. Doesn't matter how much of the blame should be on your shoulders for your own stupidity/incompetence as long as you can weave a story to make a large, deep pocketed corporation look just a tinge guilty you'll get paid ridiculous amounts of money. Total BS

Misogynyst Gynecologist Oct 8, 2007 09:10 AM

Quote:

Originally Posted by Yggdrasil (Post 512794)
Its things like this that make our civil courts system look like a joke as far as I'm concerned.

That doesn't make any sense. "As far as you're concerned"? Unless you attempted one of these lawsuits - how would you be concerned at all?

Bigblah Oct 8, 2007 10:38 AM

Don't forget that some people use "as far as I'm concerned" in place of "in my opinion".

Yggdrasil Oct 8, 2007 12:32 PM

Quote:

Originally Posted by LeHah (Post 512965)
That doesn't make any sense. "As far as you're concerned"? Unless you attempted one of these lawsuits - how would you be concerned at all?

Oh, I'm sorry, didn't realize that for in order for me to be concerned about something I need to be actively involved as well, I guess I'll use Bigblah's rewording.

Misogynyst Gynecologist Oct 8, 2007 12:34 PM

Quote:

Originally Posted by Bigblah (Post 512980)
Don't forget that some people use "as far as I'm concerned" in place of "in my opinion".

My (off topic) question then becomes - is that proper english?

Quote:

Originally Posted by Yggdrasil (Post 513014)
Oh, I'm sorry, didn't realize that for in order for me to be concerned about something I need to be actively involved as well

I think thats a good way to go about things. Otherwise, its easily construed that you simply enjoy sticking your nose where it doesn't belong :)

YO PITTSBURGH MIKE HERE Oct 8, 2007 12:40 PM

Unless you are directly impacted by an action or event, forget about it. It's not like it matters, anyway.

BlueMikey Oct 8, 2007 02:42 PM

I'm not sure what they are doing filing suit for $1 million in damages.

I don't know anything about the price discrimination laws, but I have a feeling they are being improperly applied here. I would bet they have more to do with that a manufacturer can't discriminate their prices between two similarly situated retailers.

At any rate, the way this suit is being brought, even if it is legitimate, with her claiming to be harmed not in a consumer sense, but in a business sense, I think there is little chance she could get any more than the damages she could prove, which would essentially be ($200 - the depreciation on the time she's owned the phone).

Misogynyst Gynecologist Oct 8, 2007 03:14 PM

Could she get kickbacks from Apple as well?


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