Two class action lawsuits in California federal and state courts, claiming that the software upgrade and locking of the iPhone to AT&T are monopolistic, were filed in San Jose on Friday. The complaints were filed by law firms Folkenflik & McGerity and Hoffman & Lazear on behalf of Apple
iPhone owners.
Both cases make similar allegations that the two companies
violated antitrust, telecommunications and warranty laws while engaging in unfair business practices.
According to iLounge, attorney Max Folkenflik said, “There is little question that Apple and AT&T have misused Apple’s
programs to improperly coerce consumers to buy only AT&T voice and
data services and only Apple programs. That is unlawful under both
Federal and state laws, and any terms in Apple’s and AT&T’s
contracts to the contrary are also unlawful and unenforceable. Apple and AT&T
have no more right or technological justification for forcing iPhone
users to use only AT&T service and Apple applications than Ford
would to force car owners to use only Ford batteries or tires, or than
the maker of your television has to force you to watch only Fox or CBS.”