Apple asks judge to toss out iPhone 3G lawsuit

Apple has asked a federal judge to throw out a lawsuit that iPhone 3G customers had brought against the company, saying that the customers did not ask the company to repair their iPhones or ask for a refund as part of their one-year warranty.

The suit, brought by Jessica Smith from Alabama in August, said that the iPhone 3G repeatedly dropped calls and that its connection to AT&T mobility's 3G HSPA network was not reliable, and that the service she received did not match what Apple claimed it would be in its marketing campaign. She was later joined in the suit by another iPhone customer, Wilton Triggs, and the suit was seeking class-action status.

"Plaintiffs' Amended Complaint conspicuously omits one critical condition precedent to all three causes of action: an allegation that they contacted Apple to seek a repair of the alleged defects or a replacement iPhone 3G under Apple's One (1) Year Limited Warranty," Apple's attorneys said.

A separate lawsuit was filed against Apple in California in September, with the bulk of that complaint focused on AT&T's network, which the lawsuit complains gets bogged down due to high volumes of usage.

As well, a U.S. District Court judge for the Northern District in California denied Apple's request last week to dismiss a $1.2 billion anti-trust suit, which claims that Apple violated anti-trust laws by tethering the iPhone to AT&T's network.

For more:
- see this article on the Alabama suit
- see this article on the anti-trust suit

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