The lawsuit alleges that despite aggressive marketing that the 3G iPhone is "twice as fast for half the price," the much-hyped smartphone is actually much slower than advertised and prone to dropping calls.
"Apple sold these devices on the promise that they were twice as fast as the pre-existing phones and that they would function suitably, or properly, on the 3G network. But, thus far, Apple and the phone have failed to deliver on this promise," Jonathan Kudulis, an attorney with Birmingham, Ala.-based Trimmier Law Firm, told ABCNEWS.com. Trimmier is the firm representing the Ala.-based plaintiff, Jessica Alena Smith.
But Kudulis says, because the complaint was only filed yesterday, Apple has not yet been officially served with the lawsuit.
Apple does not comment on pending litigation, a company spokeswoman said.
Earlier this week, as customers complaints ran rampant, Apple released a software update for the 3G iPhone on iTunes.
The software, called iPhone OS 2.0.2, is for "bug fixes," but whether that includes the problems customers described to ABCNews.com is unclear.
So far, Apple has not released a statement elaborating on the software update.
The company has been tight-lipped, at least to reporters, about complaints of spotty service and potential hardware flaws on the new smart phone.
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