Chicago (IL) –The most iPhone firmware apparently fails to fix a series of 3G issues that have been annoying some users since the iPhone 3G was launched. Upset iPhone owners are now accusing Apple of deliberately changing how the iPhone reports its 3G signal strength in order to fool them into believing they are getting better reception. These ongoing issues and Apple’s optimistic advertising claims apparently were enough to prompt an Alabama woman to file a class action suit, accusing Apple over false advertising with iPhone 3G's "twice as fast" tagline. We are not surprised and Apple shouldn’t be surprised either.

When Apple released is massive 249 MB iPhone firmware update (version 2.0.2) this Monday, it immediately became the subject of a huge controversy. Many hoped the new firmware would fix the phone’s 3G reception issues, such as dropped calls on the 3G network, weak 3G reception and connectivity and 3G speed declines. These expectations were also fueled by some analysts who claimed a software fix is likely to solve the iPhone’s 3G issues. Instead, initial user reports indicate that these expectations were out of place, as this big download had no impact on the 3G reception at all.

Angered users are now zeroing in at the Cupertino-based gadget maker who still refuses to divulge any specifics of the included bug fixes of the update. The firmware release notes do not provide any details beyond the note of "bug fixes". However, in a conversation with USA Today, spokeswoman Jennifer Bowcock said that "the iPhone 2.0.2 software update improves communication with 3G networks." In the meantime, Apple’s forum is flooded with messages from upset users who claim that the new firmware does not to fix the 3G issues.

Apparently, the "improved communication" turns out to be a software tweak in how the handset reports the 3G signal strength to a user. Many who installed the 2.0.2 firmware are now accusing Apple of deceiving tactics designed to conceal the existence of 3G issues. Users report that the affected handsets upgraded with the latest firmware still suffers from poor 3G reception in areas where other smartphones maintain 3G connectivity, despite a stronger 3G signal bar that is now shown in the user interface.

Industry watchers remain convinced that Apple will address the 3G issues with a more substantial 2.1 firmware update scheduled for an October release. However, there are engineers believe that the 3G issues are caused by a hardware defect due to the substantial manufacturing ramp that reportedly is beyond actual capacity. If that indeed is the case, Apple will have to recall potentially tens of thousands of iPhone 3G units. What contradicts these claims is the fact that are in fact users who claim their 3G issues are now resolved.

In the meantime, slower-than-promised data download speeds may bring Apple a class action lawsuit.  Jessica Smith from Birmingham, Alabama, accused Apple in a 10-page complaint that Apple falsely advertised the iPhone 3G speed. Smith claims that Apple breached its promises by using the "twice as fast" tagline in iPhone 3G advertising and commercials. She is now seeking damages for false advertising, asking a court to order Apple to fix or replace affected iPhone 3G units. She specifically claims that iPhone 3G maintains a 3G connection over less than 25% of the time, even in areas labeled as "excellent" in AT&T's 3G coverage map. Smith asks users affected with 3G issues to join her suit, citing huge threads on various internet forums to pinpoint number of affected users to "tens of thousands."

Don’t say you are surprised. We are actually a bit surprised that it so long for a suit to come along as the “twice as fast” promise is an invitation for a suit. In fact, we are surprised that no one has sued Apple for the “half the price” claim.


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