A second lawsuit over 3G iPhone problems claims Apple and AT&T sold too many of the new models, overloading the network and failing to deliver the promised level of service.
A similar suit filed earlier in Alabama also claims users did not get the service they were promised.
One million 3G iPhones were sold in the first three days they were available. The lawsuit filed last week in San Diego claims theiPhone switches to slower networks because the 3G network is maxed out, according to a Bloomberg story in the San Jose Mercury News.
Apple recently updated the software after persistent complaints about dropped calls and poor connections to the 3G network.