by , 2:20 PM EDT, September 3rd, 2008

A San Diego man has sued both Apple and AT&T for allegedly overselling the iPhone 3G, promising fast speeds, and not having the network capacity to support the glut of new users, according to AppleInsider on Wednesday.

The 18 page complaint asserts that the public statements by the two companies are at odds with leaked information. The plaintiff says that 3G network demand drops customers back to the EDGE network. He also pointed to exaggerated claims of download speeds and said that the marketing materials are out of sync with actual network performance.

Recently, Jessica Smith of Birmingham, Ala. also filed a lawsuit against Apple who claimed that Apple's marketing for the iPhone doesn't reflect the slow data speeds and dropped calls in her neighborhood where she has 3G coverage.

Mr. Gillis is seeking certification for a class action lawsuit that would compensate every iPhone 3G customer in California. This second lawsuit was revealed on Wednesday by Justin McLachlan.