iPhone 3G User sues Apple over Download Speed

Jessica Alena Smith from Birmingham, Alabama is suing Apple over false advertising about the iPhone 3G download speed. She pins her lawsuit on the statement from Apple that the iPhone 3G download speed is twice as fast as the original iPhone.
The woman is also seeking an unspecified amount of damages, an order from the judge that Apple is fixing the problems, and that the suit become a class action lawsuit.
I am not sure if such a case has any merit as it is AT&T's network the iPhone 3G is running on. Additionally 3G sucks in general world-wide and claims made in commercials are wrong by principal.
More details on CNN.

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