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Of course, it was just a matter of time before the first lawsuit came, and I can honestly say I am surprised it has taken so long. However the first lawsuit is being brought on Apple by Jessica Alena Smith, who has filed a complaint and is currently seeking class-action status.

According to the complaint she is upset because her “text messages, data and e-mail were slower than she had expected since Apple had been advertising the 3G as “twice as fast for half the price.” She also went on to make the claim that she was only able to take advantage of the 3G network about 25% of the time.

The potential class-action suit is looking for Apple to “repair or replace all defective devices and pay unspecified damages, interest and attorney’s fees.”

While I cannot argue against her complaints, after all we have seen numerous reports of reception problems due to the Infineon chips, I cannot help to think we are just a little sue happy in today’s world.

Apple apparently is aware and seems to have already been working on this issue, after all that is what the firmware 2.0.2 update was aimed at. Of course, as we have seen it has come with mixed results as some users have reported success and some users are still experiencing problems.

In addition to this most recent firmware update Steve Jobs has also acknowledged the issue and has promised a software patch that is expected to arrive sometime in September.

[MacNN]