First iPad Class Action Lawsuit Underway

A San Franciso law firm announced it will be handling the first class action lawsuit aimed at Apple and AT&T in response to the elimination of unlimited data plan for iPads with 3G connectivity.

"The complaint alleges that Apple and AT&T should have known at the time they were promoting the availability of unlimited data plans, they were not going to keep that promise," said Michael Sobol of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein.

The complaint charges that Apple and AT&T misrepresented that consumers purchasing an iPad with 3G capability could choose an unlimited data plan for a fixed monthly rate and could switch in and out of the unlimited plan on a monthly basis as they wished. iPad with 3G capability through AT&T cost an extra $130 over the Wi-Fi only model of the iPad.

"I would have never purchased a 3G-capable iPad if I knew Apple and AT&T were planning on suddenly taking away from me the freedom to opt in and out of an unlimited data plan at my choice," said plaintiff Adam Weisblatt of Fulton, New York.

Less than six weeks after the iPad introduction to the U.S. market, AT&T and Apple discontinued the unlimited data plan for any iPad 3G customers not currently enrolled and prohibited current unlimited data plan customers from switching back and forth from a less expensive, limited data plan or no data plan to the unlimited plan.

AT&T customers may select from a 250 megabyte plan at $14.99 per month or the higher capacity 2 gigabyte plan for $25 per month. Unlike AT&T's smartphone data plans including the iPhone 4, iPad users are not tied to a two year contract and are not subject to overage charges.

With this pay for use plan, the iPad data allotment is good for up to 30 days. If a customer consumes the data before that time, he may opt to purchase another plan or allow the plan to expire for the duration of the 30 days at which time it will automatically be renewed.

The class action lawsuit is open to all individuals and entities within the United States who purchased or ordered an Apple iPad 3G on or before June 6, 2010.

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