Gizmodo is reporting that a lawsuit that is being proposed for class action status claims that the underperforming iPhone 3G is messing up 3G for the rest of AT&T’s subscribers. William Gillis, said unhappy subscriber and a sore spot for Cupertino, claims that the issue lies in a leaked document by an AT&T employee who stated that the iPhone’s less than stellar connection–which could possibly be tied to improper software as Apple is trying to release a new firmware update–that sucks more power from transmitters, creating an overload. Whether the problem rests with Apple or with AT&T is yet to be determined as Gillis says that too many iPhones overload the network making the reasoning unclear. Can you really be sued for selling too many? Gillis seems to think that Apple should put in its packaging a disclosure. Perhaps, “Buy an iPhone and you may contribute to the national meltdown of Big Blue’s networks.”
The lawsuit comes at a crossroads for AT&T and 3G adoption. Engadget Mobile is reporting that 3G adoption in the US, which includes CDMA-backed EVDO technology and UMTS and HSPA on GSM, finally eclipses Europe on a percentage basis by 0.1%. 28.4% of Americans have 3G handsets versus 28.3% in Europe. Also, various blogs, including AppleInsider, have reported about AT&T’s woes on the East Coast mid-week as a massive data outage occurred, preventing many users to have data access on 2G (EDGE) and 3G (HSPA/UMTS) networks in the morning. Reports have said that some BlackBerry devices were spared this time around saving grace for Research in Motion.