Apple, AT&T Hit With Second iPhone Lawsuit

Aug. 17, 2007 — -- A second class action was filed this week against AT&T and Apple over battery issues in the much-hyped iPhone.

Similar to a lawsuit that was filed last month in Illinois, the new lawsuit, filed in U.S. District Court in California Monday, alleges that Apple and AT&T deliberately did not inform consumers about the process of and costs associated with battery replacement in the device prior to its launch.

"The issue is whether or not Apple properly disclosed the problems with battery life," Max Folkenflik, a managing partner at New York-based Folkenflik and McGerity, told ABCNEWS.com. Folkenflik is one law firm representing the California-based plaintiff Sydney Leung.

"There's a question that [Apple] has naturally raised is whether they designed a battery that requires a replacement in order to generate further profits, and that's something we'll have to take a look at," he said.

The company doesn't comment on pending litigation, an Apple spokeswoman said.

Both the California and Illinois lawsuits allege that the iPhone's lithium ion battery can be charged only about 300 times -- although that number has been widely disputed -- requiring owners to purchase a new battery before their required two-year contracts end. Lithium ion batteries do have a limited shelf life, but there is debate over the length of that shelf life.

Once the iPhone battery is dead, customers must return their phones to Apple to have new batteries installed. The service costs $79, plus $6.95 for shipping. The installation takes about three days and wipes all information off the phone.

Apple announced the battery-replacement program a week after the iPhone's release June 29. However, many media outlets, including ABC News, reported on potential battery problems before the phone's release.

"One of the advantages in California [is that the state] has particularly good laws in protecting consumers from unfair trade practices," Folkenflik said.

According to court documents, Leung is seeking to be repaid for the cost of replacing the battery and punitive damages.