iPhone Lawsuit Calls for Unblocking Services
The ongoing pursuit of technophiles to unlock Apple's multipurpose iPhone made a detour into court yesterday, when a man who bought three iPhones in early July filed a class action for an injunction against the company in state Supreme Court, claiming that, at the time of his purchase, Apple had not fully disclosed that the phone was impenetrable to outside service providers.
The plaintiff, Herbert Kliegerman, 68, said Apple did not disclose that iPhones would be programmed to accept service contracts exclusively from AT&T, that customers could not receive the access codes that would allow it to use other service providers, and that using the phones internationally can result in high fees from roaming charges.
Mr. Kliegerman says the actions violate a New York State consumer protection law that "prohibits deceptive acts or practices in the conduct of any business trade or commerce or in the furnishing of any service in New York State." His complaint calls for Apple to stop selling iPhones without disclosing that fact that it is locked against outside service plans, to require Apple to provide unlock codes for other service plans to customers, and to "adequately" disclose the fees incurred by using the device internationally.
After a week-long vacation in Mexico in July, Mr. Kliegerman says he received a bill for $2,000 in international data roaming charges resulting from checking e-mails and using the iPhone's Internet capabilities abroad.
According to the filing, the Apple iPhone Web site said "you can browse the Internet and send emails as often as you like without being charged extra" with the phone, a claim that was also found on the Web site yesterday.
As a frequent international traveler, Mr. Kliegerman's suit claims he wanted to purchase a foreign service subscriber identity module, also known as a SIM card, that would allow him to use local cell phone providers and decrease his roaming charges overseas, but that he was informed he could not.
AT&T provides unlock codes for SIM cards for non-iPhone phones, according to his complaint.
The suit extends his class action to include any New York State resident who purchased an iPhone since its release, which, according to the lawsuit, may be more than 50,000 customers.
According to a technology Web log, Engadget, a six-man team calling itself iPhoneSimFree.com showed its editors how to hack into the iPhone SIM lock system on Friday. The group claimed to have worked on the project since the iPhone was first released in June, according to Engadget.
Apple did not respond to repeated requests for comment.
