According to Macworld, Apple and AT&T are being sued for “over-promising and under-delivering on their claims of fast Internet access of the iPhone 3G.” Plaintiff Damone Dickerson claims that Apple misrepresented the speed, strength, and performance of the 3G network. Dickerson claims he could only connect to the 3G network a fraction of the time and that it didn’t provide “full and continual service”. He says that most of the time he receives no 3G connectivity at all. He is seeking to force Apple and AT&T to correct iPhone 3G labeling and advertising in addition to paying financial damages.
As Macworld reports, “This isn’t the first lawsuit claiming Apple and AT&T misrepresented the speed of the 3G network. The companies were sued in San Jose, San Diego, Alabama, Florida, and Texas. Apple has asked that a similar case in New York be dismissed.”
The popularity of the iPhone appears to be something of a double-edged sword for Apple. On the one hand, they’re gaining lots of new customers who previously hadn’t owned an Apple product, which is no doubt good for their bottom line and sales of other Apple products. On the other hand, many of these people are unfamiliar with Apple and how it tends to advertise its products, which leads to misinterpretation and disappointment. Apple likes to describe its products using “absolutes” like these:
“The first…”

“The most powerful…”

“The most advanced…”

“The fastest…”

While all companies tout the benefits of their products in their advertising and downplay the negatives, Apple has a tendency to deliver the positives as “absolutes” (as evidenced above, the “fastest” or “most powerful” or “most advanced”) and ignore the negatives completely. This sets the company up for lawsuits from people who are new to Apple’s way of advertising its products.
Apple fans tend to take these somewhat-arrogant phrases as typical Apple “spin” and don’t get too upset if they prove not to be true 100% of the time, in all circumstances. For example, an Apple fan won’t get too bent out of shape when they travel from New York City to a tiny Midwestern town and don’t find 3G network access there. They’ll be disappointed, of course, but they won’t likely rush to find an attorney.
Consider the following statement taken directly from Apple’s web site for the iPhone (as of this writing on March 21, 2009):

A person unfamiliar with Apple could easily read the above blurb and interpret it to say “Wherever I go in the world, I will have 3G speed available to my iPhone 3G.” After all, that’s exactly what Apple says, and there aren’t any phrases qualifying where and how that access is affected. If you look on the same page, way down at the bottom, in very small type, in a very light color against a white background, you’ll see Apple has a little more to say about the subject:
(Highlighting provided to make the text easier to read.)
It’s not that Apple hasn’t warned consumers that iPhone 3G speed “depends on the cellular network, location, signal strength, 3G/EDGE connectivity, feature configuration, usage, the Internet, and many other factors” and that “actual results may vary”. Clearly, they have. But how many consumers will read that first statement “3G speed. Worldwide.” and decide that’s just what they need, without bothering to scroll way down the page and pick out that hard-to-read type implying that the speed and availability aren’t always available everywhere under all conditions?
I’m not saying this is entirely Apple’s fault. It isn’t. After all, they ARE explaining on the page where the claim is made that it depends on a lot of factors. If consumers don’t read that text, well, it’s their mistake to assume that all the marketing speak is absolutely true, in all cases. On the other hand, a little wordsmithing to Apple’s “3G speed. Worldwide.” blurb above would clarify the situation without taking anything away from the phone or AT&T’s service. For example, it could have read:
3G speed. Worldwide.
When you travel around the world with your iPhone 3G, you’ll have Internet access wherever compatible 3G networks exist, and it will be as fast as circumstances allow. iPhone 3G also makes it possible…
Potential iPhone 3G customers would have a harder time misinterpreting that blurb to mean that 3G access is always available, everywhere, at full speed. Sure, this version doesn’t deliver the punch of “fast access to the Internet… around the world” but it’s more truthful, more accurate, and less likely to result in a lawsuit. Can you imagine trying to convince a judge or jury that the above blurb convinced you that your iPhone would always deliver fast access everywhere you went? Try it again with Apple’s version. It’s easy to imagine an attorney saying to the judge and/or jury, “Apple tells you that you’ll have 3G speed, worldwide, right there in the big bold type. Right below it, they reiterate that the iPhone 3G has ‘fast access to the Internet and email over cellular networks around the world.’ It’s only far down the page, in tiny little type, in a color that almost blends into the background, that they bother to say that access isn’t really worldwide and isn’t always fast. This kind of ‘deception’ is why you should award my client $X in damages.” Would a judge or jury buy it? Maybe. Maybe not.
The problem with claims like “the most powerful operating system” is that they’re really subjective. There is no way to conclusively prove that Mac OS X is (or isn’t) the most “powerful” operating system because there is no single definition of “powerful” that we can universally agree on. Maybe “powerful” to me implies the ability to run on the largest set of hardware available in the marketplace (i.e., I have the “power” to run it anywhere). If that’s my definition, then Windows is more powerful than OS X (since OS X only runs on a specific set of Apple hardware and Windows runs on a lot more), and Linux is probably more powerful than both. Your definition might focus on something else, like how fast it renders video or copies files. And you know what? We’re both right… because we both define “more powerful” differently.
I respect and admire the fact that Apple is proud of its products. I respect that they go to great lengths to make their products fast, easy to use, and attractive to look at. I respect the fact that many people around the world (including me, once upon a time) covet their Apple products and believe that they’re the best at whatever it is that they do. It’s good that Apple and its customers take that kind of pride in the products (at least, I think it is). But absolutes like “the fastest”, “the best”, “the most powerful”, “the best looking”, etc., are subjective, hard to prove, and tend to come across as arrogant. Apple could save itself a lot of trouble, and probably not affect its sales a bit, by just dialing back on the absolutes a little (e.g., calling OS X “one of the most powerful operating systems” or just “a powerful operating system”). But as Dennis Miller often says, “that’s my opinion… I could be wrong.”