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Court Pulls Plug on Apple iPhone Battery Lawsuit
Fecha de publicación: 9/26/2008
Apple agreed to a settlement extending the iPod's warranty from one to two years.

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Thanks to an Illinois federal judge, Apple's legal department has one less thing to worry about. Earlier this week, U.S. District Court Judge Matthew F. Kennelly granted the company's motion for a summary judgment in a class-action lawsuit brought by disgruntled iPhone purchaser Jose Trujillo.

In July 2007, less than a month after the iPhone was released in the United States, Trujillo filed a complaint against Apple and iPhone carrier AT&T for deceptive advertising. He argued that the companies engaged in "purposeful and fraudulent concealment" of the fact that iPhone purchasers were required to pay $89.95 to get the device's battery replaced.

Based on the expected life of the battery -- 300 to 400 charge cycles -- Trujillo described the battery-replacement fee as an "annual charge," and asked the court to certify a class and appoint Trujillo and his attorney to represent the class.

Other Battery Claims

Trujillo and his attorney may have been motivated in part by a successful class-action lawsuit against Apple for misstatements about the life and durability of the battery in its popular iPod music player. In that case, the plaintiffs alleged that Apple intentionally misled consumers by stating that the iPod battery would play for up to 10 hours and last the lifetime of the device. Apple agreed to a settlement extending the iPod's warranty from one to two years and provided a $50 credit to purchasers who had already replaced the device's battery.

In Trujillo's case, however, the court found that Apple provided adequate warning to consumers about the iPhone's limited battery life and replacement policy.

"Apple disclosed on the outside of the iPhone package that the device's '[b]attery has limited recharge cycles and may eventually need to be replaced by Apple service provider,'" Kennelly ruled. "Though this was in small print, Trujillo does not argue in his response to Apple's summary-judgment motion that this information was hidden or obscured."

The judge's decision ends Apple's involvement in the lawsuit, although Trujillo could appeal the decision. Neither Apple nor Trujillo were available for comment.

Lawsuit Against AT&T Continues

Apple's exclusive carrier for the iPhone, AT&T, was less fortunate. The company asked Kennelly to dismiss on the grounds that its terms of service require arbitration instead of litigation. However, Kennelly ruled that Trujillo did not receive a paper copy of AT&T's terms of service when he bought the phone. The court will hold a hearing.

Even with the dismissal of the Trujillo case, Apple is not out of the woods with iPhone lawsuits. At least three potential class-action lawsuits have been filed in different courts around the country, alleging that Apple and AT&T exaggerated the iPhone's capabilities, ranging from dropped connections to slow 3G speeds. In addition, Apple is also cited for ongoing glitches involving its iTunes Store, including balky applications and defective music tracks.

Fuente: Yahoo.com/News
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