iPhone User Hits Apple, AT&T With Lawsuit Over Batteries

July 27, 2007 — -- The first class-action against AT&T and Apple was filed Thursday on the issue of batteries for Apple's much-hyped iPhone.

According to court documents obtained by Gizmodo.com, a popular gadget and tech blog, an Illinois man is suing the companies for $75,000 in damages for "fraudulent concealment" that users would be required to purchase new batteries before their service contracts were completed.

Jose Trujillo of Melrose Park, Ill., claimed that Apple and AT&T did not notify him or other customers about potential battery limitations neither before the phone's launch nor before it was purchased.

In his lawsuit, Trujillo claimed that the phone's lithium ion battery could 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 how long that shelf life is.

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. Many media outlets, including ABC News, reported on potential battery problems before the phone's release.

The suit was filed by Larry D. Drury, a Chicago attorney, in Cook County court.

Rob Enderle, a Silicon Valley tech analyst who predicted before the phone's release that Apple might face these battery issues, said Truillo might have a case, depending on when he purchased the phone..

"Apple didn't specifically disclose the battery complaint until after the first couple of days. You could argue the company didn't disclose this," he said. "The company has the obligation to disclose any significant flaws that they know about and the battery would be a significant flaw."

In 2005, Apple compensated early iPod users with $50 of in-store credit or $25 cash in another class action over the short lifespan of the battery in an early edition of the iPod.