As complaints about the new Apple iPhone 3G mount, an Alabama woman is suing Apple for what she describes as inconsistent service and false advertising.

The iPhone 3G was advertised as sporting "twice the speed for half the price" before its summer release – a claim Jessica Alena Smith has found to be misleading. In a U.S. District Court in Alabama Aug. 19, Smith filed a lawsuit claiming that her smartphone’s "internet connection, receipt and sending of eMail, text messages, and other data transfers were slower than expected and advertised."

Smith claimed that her iPhone would alternate between the high-speed AT&T 3G cell phone network and the much slower Edge network. This would happen even when the phone was stationary, according to the lawsuit. Smith said the inconsistent eMail service and faulty network connections happened almost immediately after she bought Apple’s newest smartphone.

Apple misled customers in the months preceding its much-anticipated 3G release, Smith charges in the lawsuit.

"Defendant intended for customers to believe its statements and representations about the defective iPhone 3Gs, and to trust that the device was ‘twice as fast at half the price,’" the lawsuit says.

This is not the first time Apple has faced legal action over the performance of its highly-touted iPhone. Shortly after the first iPhone was released in 2007, class action lawsuits were filed in Illinois and California. Earlier this month, Apple unveiled a software update for complaining customers. The update was available through the company’s music and movie web site, iTunes, and was designed to fix "bugs" that had run rampant in recent months, according to Apple.

Technology web sites are filled with accounts of consistently dropped calls on the newest iPhone, although some customers say their iPhone is reliable and fast when the 3G network is working properly.

In her lawsuit, Smith asks for repair or replacement of every defective iPhone. She also requests unspecified damages and attorney’s fees.


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