IPHONE 4 CLASS ACTION UPDATE: Kershaw, Cutter & Ratinoff files motion to transfer related iPhone 4 cases to the Northern District of California

July 12, 2010

Since Kershaw, Cutter & Ratinoff filed the first case against Apple and AT&T in the Northern District of California over the iPhone's defects on June 29, 2010, several other cases have been filed across the country against Apple and AT&T, from Massachusetts to Texas, all arising from the defective design and production and misleading marketing of the highly-anticipated iPhone 4. On July 7, 2010, Kershaw Cutter & Ratinoff asked the federal Judicial Panel on Multidistrict Litigation to transfer all of these cases to the Northern District of California.

On July 2, Apple released a statement that a "fix" was on the way in the form of a software update. However, this "fix" will simply correct a software error that provides all iPhone (from the first generation iPhone to the iPhone 4) users about the the strength of each phone's wireless signal. Any software fix will not solve the widely-observed and criticized performance issues surrounding the iPhone 4's antenna design.

On July 12, Consumer Reports reported:

It's official. Consumer Reports' engineers have just completed testing the iPhone 4, and have confirmed that there is a problem with its reception. When your finger or hand touches a spot on the phone's lower left side—an easy thing, especially for lefties—the signal can significantly degrade enough to cause you to lose your connection altogether if you're in an area with a weak signal. Due to this problem, we can't recommend the iPhone 4.

Accordingly, this well-respected consumer advocacy group does not recommend the iPhone 4 for purchase. Kershaw, Cutter & Ratinoff continues to pursue a fair deal for the millions of consumers who have already purchased defective iPhone 4 cellular phones.

If the case resolves in favor of iPhone 4 customers on a class-wide basis, each member of the class will receive formal notice of the case under the supervision of the court that oversees the case.

6/29/10 Kershaw, Cutter & Ratinoff files class action complaint against Apple, Inc. and AT&T to provide relief for consumers who purchased iPhone 4 cellular phones

7/1/10 CNN Tech: Leak shows Apple's spin on iPhone 4 flaws

7/6/10 The San Francisco Chronicle Tech Chronicles explores Apple's "software fix"

7/6/10 AppleCare confirms software update won't fix antenna problem

7/12/10 Consumer Reports: Won't Recommend Apple iPhone 4

7/13/10 Consumer Reports: Why Apple - and not its customers - should fix the iPhone 4

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