Apple iPhone Lawsuit Home Page


NOTICE: Damian R. Fernandez, M. Van Smith, Joseph Antonelli, Janelle Carney, Kevin T. Barnes, and Gregg Lander are attorneys licensed to practice law in California. Their offices are located in San Jose, Saratoga, West Covina, and Los Angeles, California. They do not seek to represent anyone based solely on a visit to this Web site, nor is an attorney-client relationship created solely by visiting this site.

On October 5, 2007, the Law Office of Damian R. Fernandez and the Law Office of M. Van Smith filed a lawsuit against Apple Inc. alleging violations of California’s antitrust laws. On November 2, 2007, plaintiffs’ counsel filed a First Amended Complaint which is available for download. Please click here if you are a California resident and you want to participate in this lawsuit as a class representative. We will review your claim without charge or obligation and in confidence. If you have any questions, you may email us at


The Eight Categories of Harm

We allege at least eight ways in which consumers have been harmed by Apple. There may be other ways. If there are, please let us know so that we can consider them for inclusion in this lawsuit.

  1. You own an iPhone and you want to transfer to a wireless carrier other than AT&T. You fall into this category even if you did not unlock your iPhone or have your iPhone disabled by an iPhone update.
  2. Your iPhone was disabled, malfunctioned, or you had third-party applications erased after you downloaded iPhone update 1.1.1.
  3. You contacted Apple to repair your iPhone and Apple refused to honor your warranty because you did any one the following: (a) unlocked your iPhone, or (b) installed a third party application.
  4. You incurred a cancellation fee from your previous wireless carrier when you transferred to AT&T’s wireless service.
  5. You incurred roaming charges while traveling abroad with your iPhone.
  6. You purchased a third-party warranty at extra cost for your iPhone because of Apple’s released statement that it will not honor warranties on unlocked iPhones.
  7. You purchased a new iPhone because your previous iPhone was bricked.
  8. You returned your iPhone to Apple or AT&T and (1): You paid a 10% restocking fee; (2) You paid a $29 or other fee for a temporary replacement phone while your iPhone was being repaired. Some reasons for your return may include:(a) You opened the box and it didn’t work,(b) You were dissatisfied with AT&T’s service,

    (c) You were declined service with AT&T because you did not meet AT&T’s credit criteria;

    (d) You did not know that you were required to sign with AT&T.

    If you returned the phone for a different reason, please let us know. You do not have to be in all of these categories, just one or more than one.

Please click here to submit a complaint about your iPhone. We will review your claim without charge or obligation and in confidence.

TRADEMARK NOTICE: “Apple” and “iPhone” are registered trademarks of Apple Inc. The Law Office of Damian R. Fernandez, The Law Office of M. Van Smith, The Law Office of Joseph Antonelli and The Law Offices of Kevin T. Barnes are in no way affiliated with Apple Inc. “Apple” and “iPhone” are trademarks used solely for informational purposes.

Copyright 2007-2018. Damian R. Fernandez. Design by Jennifer A. Emmer. All rights reserved.