On Tuesday, the U.S District Court for Northern Alabama received a ten page complaint from Jessica Alena Smith, in which Apple was accused of having breached express and implied warranty, as well as of unjust enrichment. The case is about the company’s iPhone 3G handset which hasn’t provided the customer with the experience she expected after having seen the smartphone’s ads.

In the complaint, Jessica Smith refers to her smartphone as "Defective iPhone 3G" and seeks class action status. According to the Alabama woman, the advertising campaign put together for the iPhone 3G is misleading.

Although she is not the only one to think this, she was the first to take legal action. Lots of iPhone 3G owners have complained about connection problems ever since the device was launched on July 11. Many say the handset switches between 3G networks and EDGE networks even when it is not moved around and that calls keep getting dropped, even in places where signal reception is strong.

Despite the fact that the company initially refused to acknowledge that these reception issues were indeed there, Apple eventually admitted something was wrong. On Monday, the iPhone OS 2.0.2 software update was released; although, it is expected to provide "improved communication with 3G networks" it was not said it would take care of all the problems.
With this lawsuit, Jessica Smith wants Apple to either repair or replace all defective devices, as well as to pay unspecified damages and legal fees.

Apple officials chose not to comment on the situation.