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Judge Dismisses Class Action Lawsuit Over iMac Screen Issues

TechCrunch reports that a U.S. federal court judge has dismissed a class action lawsuit brought against Apple for reported failure to disclose manufacturing defects present in the company's iMac models.

The lawsuit stated that unwanted vertical lines would appear on the devices after the warranty period had expired and that Apple "internally recognizes and concedes" the defect, but did nothing to warn consumers.

As noted by AppleInsider, the suit was brought by a customer who purchased an iMac G5 in October 2006 and noticed vertical lines appearing on his display in March 2008. The dismissal of the class action suit reportedly stems from the plantiff's attempt to include all iMac customers in the class covered by the suit, even those who had experienced no problems and thus suffered no injury.

"These type of class actions are not suitable for actions where recovery of money damages is the primary relief sought by the plaintiff," Fogel wrote. "The purpose of this lawsuit is money damages. These pleading deficiencies are present despite the fact that Hovsepian has been given two opportunities to amend his complaint. Accordingly, the class actions will be struck without prejudice."

The class action suit and its dismissal are unrelated to the firmware update issued by Apple yesterday to address certain graphics issues on the company's latest 27" iMac models.

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28 months ago
Shoulda bought AppleCare.

I bought my Intel iMac in Feb 2006 and it's still perfect. Why would anyone buy a G5 iMac in OCTOBER 2006? Must have been a refurb.
Rating: 0 Positives / 0 Negatives
28 months ago

These pleading deficiencies are present despite the fact that Hovsepian has been given two opportunities to amend his complaint.


Wow. What an idiot. The court told him what to change and he still didn't do it?
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28 months ago
Good. It was unreasonable to include all iMac owners, regardless of if they experienced the issue or not.

And I second that, he should have bought AppleCare!
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28 months ago

Shoulda bought AppleCare.


I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.
Rating: 0 Positives / 0 Negatives
28 months ago

Shoulda bought AppleCare.

I bought my Intel iMac in Feb 2006 and it's still perfect. Why would anyone buy a G5 iMac in OCTOBER 2006? Must have been a refurb.


I bought it and with Apple care. In 2007 power supply module failed and it was replaced under Apple care. Two weeks ago I got that vertical lines issue and I have discovered that my logic board is dead. No Apple care anymore and special program for logic board replacement ended year and a half ago. I have phoned Apple I told them that it wasn't fair to replace power supply module only back in 2007 if they knew about logic board problem!!! Nice lady "supervisor" basically told me "kiss my shiny a**" and bye bye.
Now i got to sell iMac G5 for spares on ebay for £100 if lucky. For the Apple, being with them many years, their product by quality are getting worst year by year along with their customer service.
By the way I have learnt one thing; never buy first model in line...wait for revision. So far that rule worked for me...of course except that iMac.
Rating: 0 Positives / 0 Negatives
28 months ago

I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.


Apple isn't the only one with a 1 year standard warranty. Dell is another. It's pretty common in the U.S. However, I agree that 1 year standard is a joke, and I would love it if they would pass a law to force a 2-year warranty in the U.S. :)
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28 months ago

Wow. What an idiot. The court told him what to change and he still didn't do it?


I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.
Rating: 0 Positives / 0 Negatives
28 months ago

I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.


Yeh that's right. Use the good old USA sue em tactic.
Always gets the desired results. Like lining the lawyers pockets.
I had a big problem with my MBP but an email to Steve Jobs and some great follow up support from Apple resolved them. No product is perfect and in life you have to expect some downs as well as up's.
This whole class action crap is just that...crap!
Fight your own fights. Be reasonable and companies like Apple will respond positively. Do you really think they just turn a blind eye to problems with their gear?
They would not be half the success they are if they did that would they. :)
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28 months ago
I agree that this guy was an idiot, not to amend his complaint into something the court would accept (after *2* opportunities, even?).

But IMHO, this might be worth pursuing. One of my good friends bought a new iMac 17" Intel machine, and it has vertical lines down the left-hand part of the display already. She was on a tight budget, and only *barely* was able to afford a new Mac instead of a cheaper generic Windows PC. Applecare was out of the question, since it bumped the price even higher.

But still, it lasted JUST long enough to be outside the 1 year standard warranty before the screen started acting up, and the cost to do the repair on this system is over 60% of the total cost to buy another used one!

I did some digging online, and found out that quite a few of the 17" Intel iMacs suffered from this exact same issue. Larger screen versions, not so much. Definitely seemed to be an issue with the supplier they got the 17" panels from, and I'm pretty sure Apple is aware of it by now. (They have to be covering enough of them under the 3 year Applecare warranties to know what's going on.)

Since the 17" Intel iMac was only offered for a brief period of time, and was mainly sold to the educational market though, I bet they think they can "slide" on offering to make good on repairing the ones out there like my friend's.... (Most educational customers would have either purchased the extended warranty, or would just pay full price for the repairs as needed without hassling with it.)


I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.

Rating: 0 Positives / 0 Negatives
28 months ago
How funny. I called Apple's tech support and mentioned this pending class action lawsuit as leverage to get mom's 2006 C2D 17" iMac fixed for free (both mobo and screen) when it started showing those vertical lines a few months ago.

I never get AppleCare because I take apart machines constantly and most of the time can fix things myself. (The iMac was one of the few exceptions since the parts themselves were expensive, but like many others I fought for it and got it fixed out-of-warranty.)

Glad I got it taken care of sooner rather than later.
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