Apple is facing another lawsuit over the iPhone, this one particular to the iPhone 3G and “promises” Apple made. AT&T is also being named in the suit, brought up by a California resident who sued both companies claiming that they are “misrepresenting” performance aspects of the device.

The lawsuit cites the speed and performance of the 3G network, claiming they clearly fall short of customer expectations. Unlike some previous lawsuits, this one claims that Apple and AT&T were aware beforehand that releasing the 3G would cause these issues – a much more serious claim than simply making a mistake.

Other lawsuits targeting the iPhone 3G have found fault with how the device actually functions, still going on the premise that Apple made a mistake and is simply selling bad hardware. None of the lawsuits have prevented Apple from continuing to sell the 3G, and the company maintains that they are working on a fix that will make everyone happy.