Lankster v. Apple, Inc. et al

Filing 1

COMPLAINT against Apple, Inc., Verizon Wireless filed by Albert F. Lankster, Sr. (Attachments: # 1 Civil Cover Sheet) (sdb)

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, IN THE UNITED STATES DISTRICT COURT SOUTHERN DISRICT OF ALABAMA NORTHERN DIVISIONS L 2 3 FITEI! FiFE II'lI pn 3 :l? rsmrm 4 5 6 7 B Albert F. Lankster, Sr. 1000 East Coats Avenue Linden, AL. 36748 9 10 LL 12 L3 Plaintiff; Civil Action No. v. L4 Apple,lncorporated 15 1 Infinite Loop 16 Cupertino, CA, 90541; & ( ,runy DEMAND ) L7 18 t9 20 2L 22 23 24 25 26 27 2B 29 30 31 32 \1 -53,t*-\rb-N Verizon Wireless P. O. Box660108 Dallas, Texas 752266-0108, Defendants COMPLAINT CODE OF FEDERAL REGUL.ATIONS, TITLE 47 _TELECOMMUNICATIONS . Chapter 1- Federal Communications Commission - Common Carrier Services - - 33 34 Part27 - Miscellaneous Wireless Communications Services. Subpart B - 35 36 Applications and Licenses servers as the basis for federal jurisdiction, The precise 37 38 And exact federal law in question is 47 C. F. R. Sec. 27. 16 [e) a (b). See Exhibit #1. 39 40 SPECIFIC FACTS 41. 42 43 44 45 46 On or about 9 /27 /12 Mr. Lnakster purchased an lphone from Verizon Wireless and found that his phone's tethering/wifi feature had been locked. Verizon page 1 of 2 *8 49 50 51 52 53 54 55 56 57 Wireless refused Mr. Lankster's repeated request to unlock his phone, which is Called a hand set in the federal statute, i. e. 47 C. F. R. Sec. 27. 16 {eJ. Therefore, Mr. Lankster filed a complaint against Verizon Wireless with the Federal Communications Commissions, see Exhibits ? Pain, suffering, mental anguish, And other psychological abuse, costs, and related legal expenses justly entitle Mr. 5B Lankster to a minimum of ten thousand dollars $10, 000.00 compensatory damages. 59 60 Furthermore, Mr. Lankster ask that these defendants be punished with a Punitive 61, 62 63 64 65 66 67 Damages fine in the amount of two hundred thousand dollars $200, 000.00 to be Distributed equally between the Salvation Army and the Greater New Bethel Baptist Church. 6B 69 70 7L 72 73 74 75 76 77 78 79 BO 81 82 B3 B4 B5 B6 87 B8 B9 Respectfully Submitted, /s/ Albert F. Lankster, Sr, Plaintiff - In Pro Per 1000 E. Coats Avenue Linden, AL.36748 (334)422-5477 . CERTTFICATE oF Service I HEREBY CERTfFY that on this the L8th day of Apri1, 20L3 r caused to be served by u. s. Mail-, first ctass postage prepaid, copies of the foregoing complaint upon representatives of above named defendants as foll_ows: L. Sara Ford, EsQ. LTGHFOOT, FRANKLTN & WHITE, L.L.c. The cLark Building-400 North 20th street B'ham, A1. 35203 2. Caroline Pryor, Esg, CARR ALLISON 6251 Monroe Street, Suit,e #200 Daphne, AL. 36526 90 9t 92 Albert Lankster, Sr. page 2 ofZ Page Code of Federal Resulations I of 2 EXHIBIT #1 Gode of Federal Regulations Title 47 - Telecommunication Volume:2 Date:2007-10-01 Original Date: 2007-1 0-01 Title: Section 27.16 - Network access requirements for Block C in the 746-757 and776-787 MHz bands. Context: Title 47 - Telecommunication. CHAPTER | - FEDERAL COMMUNICATIONS coMMlsstoN (CoNTINUED). SUBCHAPTER B - COMMON CARRTER SERVICES. PARr 27 MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES. Subpart B - Applications and Licenses. S 27.16 Network access requirements for Block C in the 746757 and776-787 MHz bands. (a) Applicability. Ihis section shall apply only to the authorizations for Block C in the 746-757 and776-787 MHz bands assigned and only if the results of the first auction in which licenses for such authorizations are offered satisfied the applicable reserve price. (b) Use of devices and applicaflons. Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee's C Block network, except: (1) Insofar as such use would not be compliant with published technical standards reasonably necessary for the management or protection of the licensee's network, or (2) As required to comply with statute or applicable government regulation. (c) Technical standards. For purposes of paragraph (bX1) of this section: (1) Standards shall include technical requirements reasonably necessary for third parties to access a licensee's network via devices or applications without causing objectionable interference to other spectrum users or jeopardizing network security. The potential for excessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network. (2) To the extent a licensee relies on standards established by an independent stanciards-setting body which is open to participation by representatives of service providers, equipment manufacturers, application developers, consumer organizations, and other interested parties, the standards will carry a presumption of reasonableness. (3) A licensee shall publish its technical standards, which shall be non-proprietary, no later than the time at which it makes such standards available to any preferred vendors, so that the standards are readily available to customers, equipment manufacturers, application developers, and other parties interested in using or developing products for use on a licensee's networks. (d) Access requests. (1) Licensees shallestablish and publish clear and reasonable procedures for parties to seek approvalto use devices or applications on the licensees' networks. A licensee must also provide to potential customers notice of the customers' rights to request the attachment of a device or application to the licensee's network, and notice of the licensee's process for customers to make such requests, including the relevant network criteria. (2\ lt a licensee determines that a request for access would violate its technical standards or regulatory requirements, the licensee shallexpeditiously provide a written response to the e47 -vol2lxmllCFR-2O07 -title47 -vol2-sec27 -16... 41812013 Page? of 2 "Code of Federal Regulations requester specifying the basis for denying access and providing an opportunity for the requester to modify its request to satisfy the licensee's concerns. (e) Handset loeking prohibited. No licensee,rnaydisablc"fm&tgeaotrhaadso+qrtpr.rvirteela gustomers, to the extent such features are compliant with thelicensee's standard*pursuant to paragraph (b)of this section, nor configure handsets it provides to prohibit use of such handsets on other providers' networks. (t) Burden of proof. Once a complainant sets forth a prima facie case that the C Block licensee has refused to attach a device or application in violation of the requirements adopted in this section, the licensee shall have the burden'of proof lo demonstrate that it has adopted reasonable network standards and reasonably applied those standards in the complainant's case. Where the licensee bases its network restrictions on industry-wide consensus standards, t such restrictions would be presumed reasonable. 172 FR 48849, Aug. 24,2AA7l Effective Date Note: At72FR 48849, Au1.24,2007, S 27.16 was added, effective Oct. 23, 2007. hnp://}7-title47-vol}-sec27-16... 41812013 EXHIBIT #2 rrftgv€|fzori Pbsr Alphsff{s,6{ 3000{ ftlovember "12,2012 Ms" Sharon Bswrru s Feder*f Comrnunicationc Cartrnisciorr 0 Cunsumrr lnquirios and Complaints givi$lon Conrumer & Goy€rnrnsrtsf Affain Sureau I t J 4 J 4 445 11& Strset, $w Washlngton, DC 20554 Re; CunplCnrm; fibort t€rrkstsr lf*: lll{O0|lIlSf € 6 Oear Ms" Bowe6: I I v 'it ; ,!, { 1 6 7 I I U This lettgr fs in resflonsc to lhc abstr*refurenr.ed cosnFi,airf tlled *V t*r. Albert Lanfu*ter rac*ived liy Veriron Wr*iese on Or*eb* 31, 1013" In his cornpleint, Mr, lanhster reposts he is un*ble til ronfi*et ft ihe fir his local flbrary. He is reguertlng assl$tsnce witi'r crtablFh,ngWi-Ft data con*e*tion u$*g his devirx, Upon r*ceipt sf thb comp{alrit ws ravieuled thi.l ma'atcr Vefizon '/Vlraless €ontssted Mr. Lcnkster on Noverrber 2, Z{1L2, and carnplatEd tfre neccssary troubleihoodns steps udth him. We were abl+ to csndurie thut thl$ wal not an iss*e wlth Vrrizon Wirelesc, sut ratfi€r a prc'blem wfth thc devicc. On Norernb*rr 9, 2$12, wa c*mpleted a conference ran with Apple Technlcal Suppot and they w:rs able to asrist Mr, LnnkstEr wkh €$t*blishing a Sl|-Fi *cnnastion by modlfthg hb devic€ settilgs" We confirmed he was able to acc*ri, ihe interfi*t 9t ths tibrary via Wi4i end no fu*her assistince rqas nseded ftom Varlzon Wireless. [rly. iankster wag provid$d with the cgrrtart trlfsrmatien sf the undursigncd $o thet he roay cpntss't shsuid he hav* *ny Eoncerns relate,d to tltis rngtter" verilon wtrele$ r€Brets any irrcwrveilience thls mattsr may hav* cnuced- Should Mr. Larrkster heve any guestifns rcgardlng this retponsq hc may cail$tt the undenignsd at {8{X}} 7604558 or {778} 521-5541 lvlonday through Friday betur*en the hours of 8;00 AM and 4:00 Pkl g5f. $ltouH the Fedcral CErnmurtlcations 4 ) 5 7 ft ; Cornmission have any i_,:l;ii:Sj g"ElX.s L o $-8:ELrL _f*of^,f,J*s*iL- Jennifer Delmlda Frecutlve Relation* Veriron Wlreleis t ' .t nlYu'* ewq n Relpectfully, '-I t qu€$Uons c6: Albert lankter Mlchele Elliott r4arding this rs$ponse, plaace contsct Micheie Fjlisli Bt

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