A iPhone user named Damone Dickerson has filed suit against Apple and AT&T are for over-promising and under-delivering on their claims of fast Internet access of the iPhone 3G.

"Filed in the United States District Court, District of New Jersey, Damone Dickerson claims that Apple misrepresented the speed, strength and performance of the 3G network. The lawsuit claims that he could only connect to the fast 3G network a fraction of the time, and that it did not provide full and continual service."

The lawsuit seeks to force Apple to change its advertising, and to recover "compensatory, statutory and punitive damages."

Why didn't he just return his iPhone during the trial period?