CLASS ACTION COMPLAINT-2-12345678910111213141516171819202122232425262728
Plaintiff STEVE TIETZE (“TIETZE” or “Plaintiff,”) brings this actionagainst APPLE, INC. (“APPLE” or “Defendant”), on behalf of himself, all otherssimilarly situated and the general public, and alleges upon information and belief,except as to his own actions, the investigation of his counsel and the facts that are amatter of public record, as follows:
This is a class action brought by Plaintiff on behalf of a class (the“Class”) of all consumers who purchased the Defendant’s iPhone 4 phone(“iPhone4”). As alleged more fully below, Defendant misrepresented andconcealed material information in the marketing, advertising, sale and servicing of its iPhone4 particularly as it relates to the quality of the mobile phone antenna andreception and related software. The iPhone4s were marketed, advertised and soldas high quality smartphone products designed to meet consumer and businessrequirements and during the relevant period were among the most expensiveconsumer mobile phones sold. The iPhone4s were sold as powerful, full-featuredmobile phones with a high quality redesigned case and antennae, high quality voicecommunications over the AT&T mobile network, wireless email, text messaging,web browsing and hundreds of applications available for download. The mobile phone case and antenna design is defective. The case and antenna design has led toa substantial degradation in signal quality and dropped calls when the phone isused in a normal and foreseeable fashion by users. Related “mobile reception”software provides users with a misleading manifestation of the quality of themobile signal it its display of the number of “bars” and fails to optimize theantenna reception.2.
At all pertinent times Defendant represented to the public, includingClass members, that the iPhone 4 was a dependable and reliable mobile device;