Law Firms Consider 'Error 53' Lawsuits Against Apple as Some Stores Authorized for Repairs

iPhone6s-back-frontSeveral law firms are considering lawsuits against Apple following news that the company disables iPhone 6 models that have third-party repairs that affect Touch ID, reports The Guardian. The "Error 53" controversy started last week when news circulated about customers who have had their iPhones disabled and rendered unusable by a mysterious "error 53" message.

It turns out Apple disables the iPhones of customers who have had unauthorized repairs on their devices. As explained in a thorough post from iFixit, a repair made by a third-party service using non-original components cannot pass a Touch ID validation check because mismatched parts don't sync up properly.

According to an Apple spokesperson, when the iPhone's parts can't be properly validated because of a repair done to a component affecting the Touch ID sensor, the error message is triggered in an intentional effort to keep Touch ID and the secure enclave that stores fingerprint information safe. Damaged phones also have the potential to give the error.
"We protect fingerprint data using a secure enclave, which is uniquely paired to the touch ID sensor. When iPhone is serviced by an authorised Apple service provider or Apple retail store for changes that affect the touch ID sensor, the pairing is re-validated. This check ensures the device and the iOS features related to touch ID remain secure. Without this unique pairing, a malicious touch ID sensor could be substituted, thereby gaining access to the secure enclave. When iOS detects that the pairing fails, touch ID, including Apple Pay, is disabled so the device remains secure."
A UK barrister told The Guardian disabling iPhones "could potentially be viewed as an offense" under the Criminal Damage Act 1971, which covers the destruction of property, and a Seattle-based law firm, PCVA said it wants to bring a class action lawsuit against Apple, calling on affected customers to get in contact. PCVA is planning to represent customers for free and has outlined the issue on its website, suggesting Apple is violating consumer laws by forcing customers to use Apple-sanctioned repair services.
We believe that Apple may be intentionally forcing users to use their repair services, which cost much more than most third party repair shops. Where you could get your screen replaced by a neighborhood repair facility for $50-80, Apple charges $129 or more. There is incentive for Apple to keep end users from finding alternative methods to fix their products.
Apple may be planning to proactively head off lawsuits and assuage customer outrage. MacRumors has heard from a retail source that certain Apple Stores have received the go ahead from Apple to replace third-party screens and other third-party components to resolve the error 53 issue. The standard out-of-warranty fee is charged for the repairs and the replacement of non-genuine parts with Apple parts is limited to those affected by the error.

It is not yet clear if all Apple Stores have been authorized to repair error 53 iPhones as Apple's only official statement is that it's a security measure required to prevent fraudulent Touch ID sensors from being installed.

Update 2/11/15: PCVA has followed through with plans to sue Apple, levying a class action suit against the company.

Top Rated Comments

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52 months ago
I may be incorrect, but I believe that in the terms of use Apple states using unauthorized 3rd party repair shops may void your warranty and lead to unexpected results, even those rendering the device unusable.

Solution? DON'T utilize unauthorized 3rd parties!
Rating: 74 Votes
52 months ago
These are security-related items that are being replaced by those from unknown vendors. A very bad idea.

Consider: your TouchID does more than just open your phone. It also authenticates ApplePay transactions, and many other apps depend on the integrity of TouchID for authentication purposes. Off the top of my head, my own phone uses TouchID authentication to open 1Password (which contains ALL my accounts and passwords), several financial and health applications, and so on. Not to mention four credit cards stored in my Wallet.

If my TouchID were compromised, I'm not entirely convinced that bricking my phone is the worst-case scenario!
Rating: 41 Votes
52 months ago
This is ludicrous. If Apple didn't protect against this vulnerability, they would be on the hook for fraudulent CC charges and probably identity theft. Protection of the secure enclave is one of the biggest selling points of iOS.
Rating: 38 Votes
52 months ago
Alternate universe headline:

Law firms consider suing Apple after malicious third-party home buttons lead to widespread Apple Pay theft.
Rating: 38 Votes
52 months ago
Sorry, first the first time in quite a while, I am backing Apple on this one, this is stupid.
Rating: 37 Votes
52 months ago
Ah greedy lawyers, how predictable.
Rating: 33 Votes
52 months ago
Apple is doing the right thing not allowing bogus finger print sensors to work on their devices. They should allow third parties who are authorized to do it also; it is unclear if authorized repair places are affected or not.

And it was a huge mistake to brick the phone on OS upgrades. The customers should be notified in advance when they first turn on a device with a bogus sensor that Touch ID and Apple Pay are disabled, and you cannot update the OS.

Honestly I would not use a third party place myself anymore. I had my screen replaced by a place in the mall for $100, and the screen was garbage.
Rating: 29 Votes
52 months ago
So, according to this logic, if you take your new Lexus to a non-dealership repair shop and they put non-factory aftermarket replacement parts on your car, Lexus is liable when something goes wrong?
Rating: 29 Votes
52 months ago

I may be incorrect, but I believe that in the terms of use Apple states using unauthorized 3rd party repair shops may void your warranty and lead to unexpected results, even those rendering the device unusable.

With few exceptions, it is illegal in the US and apparently much of the EU, to require that a consumer use only the manufacturer's parts or service centers.

That's why anyone can add non-Apple memory to their Mac, and why anyone can use a non-Ford battery in their car.

And that's also why the Apple Warranty only says that DAMAGE caused by such activities can void the warranty. So one question is, did the third party part cause the damage. Or was it Apple's OS change.

Perhaps Apple should provide a service to re-link sensors, just like locksmiths have to program automobile key fobs.
Rating: 25 Votes
52 months ago
Let me ask you this: Should I have my barber fix my car's transmission?

That would be NO! And if I did, I wouldn't expect Honda to fix it when it broke or didn't work...why...because my barber isn't qualified nor is he an authorized mechanic for Honda. The same thing applies here. People take their iPhones to un-authorized retailers to get it fixed and the complain when Apple disables the device?

So, the lesson of the day...take your **** to the right people if you want it to work.
Rating: 20 Votes

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