On August 19, 2008, in the Northern District of Alabama (Case No. 2:08-cv-01498-WMA, Judge William M. Acker, Jr. presiding) Jessica Alena Smith filed a Class Action Complaint against Apple, Inc. allegeding that the iPhone 3G did not live up to the ubiquitous advertised promise of “twice the speed, half the price.” The Complaint comprises three counts: Breach of Express Warranty, Breach of the Implied Warranty of Merchantability, and Unjust Enrichment. Although the Complaint was filed as a class action, the case is not actually a class action suit until it has been certified as such by the Court. Ms. Smith has alleged that there is an “aggregate amount in controversy exceeding $5,000,000, exclusive of interest and costs.”

Her prayers for relief include certification of class, any and all damages to which the Plaintiff and Class members might be entitled, interest on any damages awarded, injunctive and/or declaratory relief including “an order that requires Defendant to repair and/or replace its Defective iPhone 3G,” and attorneys’ fees and costs. Don’t ask me why the word “defective” is capitalized. Attorneys tend to live in their own capitalization world. Ms. Smith requested and was granted permission to serve Apple by certified mail. Service has not yet been effectuated. Apple will have twenty days after service of the summons to file a responsive pleading.