Class Action Lawsuit Against Apple for Offering Refurbished Replacement Devices Under AppleCare Moves Forward
A U.S. District Judge in San Jose today certified a class action lawsuit that accuses Apple of using "inferior" refurbished products as replacements for its AppleCare and AppleCare+ protection plans despite promising consumers new or equivalent to new replacements. [PDF]
The class action lawsuit was first filed against Apple in July 2016 by customers in California who were unhappy that their iPhones and iPads were replaced by refurbished devices under Apple's AppleCare or AppleCare+ plan.
The plaintiffs, Vicky Maldondo and Joanne McRight, claimed that Apple's decision to offer refurbished devices violate its own AppleCare Terms and Conditions and the Consumer Legal Remedies Act. From the original lawsuit:
The Apple Plans purport to provide consumers with Devices that are "equivalent to new in performance and reliability." What that phrase means is 'new' as refurbished devices can never be the equivalent to new in performance and reliability. Plaintiffs allege that it means refurbished. Refurbished is synonymous with the term "reconditioned," that is, a secondhand unit that has been modified to appear to be new for all purposes relevant to this litigation.
"New" means a Device that has never been utilized or previously sold and consists of all new parts. The word "refurbished" appears only once in the AppleCare+ terms and conditions even though the printed booklet is 33 pages long.
The lawsuit seeks compensation for iPhone, iPad, or iPod owners who purchased AppleCare or AppleCare+ coverage.
The law firm behind the lawsuit says that Apple customers who paid for AppleCare should have received new Apple devices that Apple promised, and is aiming for the difference in value "between devices that work like new and the inferior devices Apple provided class members."
Apple says iOS 16.4 is coming in the spring, which began this week. In his Sunday newsletter, Bloomberg's Mark Gurman said the update should be released "in the next three weeks or so," meaning a public release is likely in late March or early April.
iOS 16.4 remains in beta testing and introduces a handful of new features and changes for the iPhone. Below, we have recapped five new features ...
Apple is tracking the attendance of its employees at offices using badge records in order to ensure they are coming in at least three times a week, according to Platformer's Zoë Schiffer.
Since April 2022, Apple employees have been operating on a hybrid home/office work policy as part of a gradual return strategy following the pandemic, with staff required to work from the office at least...
While the iPhone 15 series is still around six months away from launching, there have already been plenty of rumors about the devices. Many new features and changes have been rumored for the iPhone 15 Pro and iPhone 15 Pro Max in particular.
Below, we have recapped 10 changes rumored for iPhone 15 Pro models that are not expected to be available on the standard iPhone 15 and iPhone 15 Plus:A1...
This year, all iPhone 15 models will include Apple's Dynamic Island that unifies the pill and hole cutouts at the top of the display, but there will also be a material change to the feature that wasn't included in the iPhone 14 Pro models.
According to a new tweet by Apple industry analyst Ming-Chi Kuo, the proximity sensor on the iPhone 15 series will be integrated inside the Dynamic Island ...
Nothing today announced the launch of its second-generation wireless earbuds, the Nothing Ear (2), which offer many of the same features as Apple's AirPods Pro 2 at a lower price point. We went hands-on with the Ear (2) earbuds to see whether they're a viable alternative to the AirPods Pro 2 for those who want to save some cash.
The Ear (2) earbuds are the successor to the Nothing Ear (1),...
The iOS 16.4 update that is set to be released to the public in the near future includes voice isolation for cellular calls, according to notes that Apple shared today.
Apple says that Voice Isolation will prioritize your voice and block out the ambient noise around you, making for clearer phone calls where you can better hear the person you're chatting with and vice versa.
Apple is no longer allowing customers who purchase an iPhone, cellular iPad, or Apple Watch to activate a device with now-defunct mobile carrier Sprint. Apple has also removed remaining references to Sprint from its online store.
When checking out with a new purchase, Sprint is no longer an option for connectivity, a change that Apple appears to have implemented today. Prior to now, Sprint...
The iOS 16.4 release candidate version that was provided to developers today appears to hint at a new set of AirPods that could be coming in the near future. According to @aaronp613, the beta features references to AirPods that have a model number of A3048 and an AirPods case with a model number of A2968.
There have been no rumors that new AirPods are on the horizon, and it is early for...
Top Rated Comments
Apple did NOT promise "new" devices, they state in their policy "equivalent to new in performance and reliability", NOT brand-new!
This, right here, is plain English as far as I can make out...
Now, here is what Wikipedia says about refurbished electronics...
"The main difference between "refurbished" and "used" products is that refurbished products have been tested and verified to function properly, and are thus free of defects, while "used" products may or may not be defective. Refurbished products may be unused customer returns that are essentially "new" items, or they may be defective products that were returned under warranty, and resold by the manufacturer after repairing the defects and ensuring proper function."
Thus, there is ZERO false marketing by Apple to customers, as their statement of "equivalent to new in performance and reliability" EXACTLY describes what a refurbished item is!
Another ****ing pointless lawsuit by scumbag lawyers! When are these a-hats going to face prison time??? Oh, and throw in the idiots who bring forward these types of claims because they're too stupid to read ENGLISH and just want a quick buck!
i mean i get where the plaintiff is coming from, but in the spirit of replacement, the refurb functions just as good as brand new.
edit. i don't think i can agree with the plaintiffs here, as much as i have criticism for apple, like cheaping out on storage for 1k phone, this isn't one of them. from a environmental perspective reusing components saves hundreds and thousands from going into the landfill.
[doublepost=1568766384][/doublepost] i have received refurb iphone replacements, and macs too, i think only under certain condition where the refurb is showing issues would apple give you a new replacement.
Refurb units should be a bit further past their early bathtub curve failures, so one could make the argument that a refurbished product is actually more reliable than a new product.