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iPhone 4 Class Action Filed by User over 'Flawed' glass casing

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By Jason Beahm on February 01, 2011 5:47 AM

What do you get when you sell a mobile phone that is literally made out of glass? First, a lot of broken phones. Second, a lot of litigation. Class action, that is.

California resident Donald LeBuhn is suing Apple Inc., over the iPhone 4's screen. He is seeking class action certification.

LeBuhn, a California resident, says it all started when his daughter dropped his phone from about three feet off the ground. Smash, the phone's screen was shattered. LeBuhn discovered that he wasn't the only one to suffer such a fate. The web is full of bloggers and others complaining about their broken iPhone 4, the Los Angeles Times reports.

The iPhone 4 lawsuit specifically alleges violations of California law including (1) express warranty; (2) implied warrant; (3) consumers legal remedies act; (4) false advertising law; (5) unfair competition law; and (6) unjust enrichment.

In essence, LeBuhn claims that Apple wrongfully advertised that the iPhone 4 was strong and could handle normal use. Phones are frequently dropped and suffer some abuse.

The Apple iPhone 4 is made of glass on both sides, with a thin aluminum perimeter. LeBuhn believes that the phones are actually quite fragile, despite Apple's marketing them for their excellent strength and durability. Apple is likely to claim that their phones do hold up except in cases of substantial drops, for which it should not be expected to protect against. Apple has not officially commented on the lawsuit.

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