New in OS X: Get MacRumors Push Notifications on your Mac

Resubscribe Now Close

Class Action Lawsuit Over Broken iPhone 4, 4s, and 5 Power Buttons Finally Proceeding to Trial

A class action lawsuit originally filed against Apple in 2013 over broken iPhone 4, iPhone 4s, and later iPhone 5 power buttons is finally set to proceed to jury trial in San Diego state court beginning October 25, 2019.


The lawsuit alleges that Apple knowingly sold the aforementioned iPhone models with "defective" power buttons and refused to properly remedy the issue. For this, Apple is accused of "deceptive" or "fraudulent" business practices, breach of warranty, and violating multiple California consumer laws.

The proposed class includes California residents who purchased an iPhone 4, iPhone 4s, or iPhone 5 from Apple or a third-party retailer:
iPhone 4 and 4S Class:

All California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase.

iPhone 5 Class:

All California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase.
In April 2014, Apple initiated a program offering free repairs of a "small percentage" of iPhone 5 models with power buttons that may "stop working or work intermittently," but the lawsuit alleges that the program went "unnoticed" and began "ten months after the initial complaint in this matter."

The class action lawsuit seeks damages in an amount to be proven at trial, plus restitution, injunctive, and declaratory relief. Apple denies all of the allegations in the complaint, and denies that it did anything improper or unlawful.

As with any class action lawsuit, proposed members can do nothing to remain part of the class, or opt out to retain the right to sue Apple individually.

(Thanks, Steve!)

Tag: lawsuit


Top Rated Comments

(View all)

4 weeks ago
One of the many problems with lawsuits: even if you win, it's years later.
Rating: 13 Votes
4 weeks ago
Seems like they should have gone after the home buttons? How many people out there were using the virtual home button on the 4 and 5 series?
Rating: 12 Votes
4 weeks ago
That photo makes me miss the flush cameras.
Rating: 10 Votes
4 weeks ago
I miss the S&S&S (Steve, Scott and Slate color option).
Rating: 7 Votes
4 weeks ago
hmmmm. Ive never heard of anyone ever having a problem and Ive been fixing iPhones since the 3G.
Rating: 7 Votes
4 weeks ago

hmmmm. Ive never heard of anyone ever having a problem and Ive been fixing iPhones since the 3G.


I think you dont have many customers... During this time I was a genius in an Apple store in Geneva and I wias swapping iPhones for this very specific problem like hotcakes
Rating: 6 Votes
4 weeks ago

hmmmm. Ive never heard of anyone ever having a problem and Ive been fixing iPhones since the 3G.


I did have this problem, and the phone fell under the recall but then they wouldn't fix it for some other reason which I forget now, it's been a while. (Maybe a glass crack so they couldn't open without replacing the glass, too?)

My mother-in-law inherited the phone and had to use the accessibility virtual buttons to get around it.
Rating: 6 Votes
4 weeks ago
Seems like a perfect time to switch from my Galaxy S10+ back to iPhone 4.
Rating: 6 Votes
4 weeks ago
So is the argument here that apple shouldn’t have sold the iPhone 4 and 5? Arguably two of the most successful products in history? Or that from the moment that it was discovered that some iPhone power buttons would fail that they should stop selling the device?

There seems to be this misunderstanding that a “known issue” is an inherently bad things. Everything ever has issues, it’s a fundamental law of physics that things will slowly break and become nonfunctional through entropy or energy loss.

If you have done you job designing and engineering a product, you will be aware of its possible failures. Nearly all of the failures will be in ways you were well aware of when you release the device.

The world wanted a phone, apple made what they could at the time, it was a wonderful device for a lot of people.

Apple went to work at addressing the flaws of that design. Now there are fewer buttons and the button designs have been refined.

If the sleep/wake button was enough of an issue to fundamentally impact the functionality of the device, people wouldn’t have such fond memories of the device and form factor.

I get if you feel Apple could have handled customer support for the issue better, but how is that a lawsuit? If you don’t like how Apple supports its products, buy products from someone else.

There’s is this logical jump from “I wish this issue was taken care of differently” to “this device was designed defective and sale of the device was criminal” that makes absolutely no sense.
Rating: 5 Votes
4 weeks ago
What about swelling batteries on MacBook Pro mid 2015 ?
Rating: 4 Votes

[ Read All Comments ]