Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Proceeding to Trial in August
Initially filed in 2016, a class action lawsuit that accuses Apple of violating the Magnusson-Moss Warranty Act, Song-Beverly Consumer Warranty Act, and other U.S. laws by providing customers with refurbished replacement devices is set to proceed to trial August 16, according to a notice this week from law firm Hagens Berman Sobol Shapiro LLP.
Apple's repair terms and conditions state that, when servicing a customer's product, the company "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." Plaintiffs in the lawsuit, Maldonado v. Apple Inc., allege that refurbished or "remanufactured" devices are not "equivalent to new in performance and reliability" and thus are seeking monetary damages from Apple.
The class includes U.S. residents who purchased an AppleCare+ or AppleCare Protection Plan for an iPhone or iPad on or after July 20, 2012, either directly or through the iPhone Upgrade Program, and later received a "remanufactured" replacement device. Anyone who meets this description will automatically be included as part of the class, unless they opt out by May 3 to retain their right to sue Apple individually over the claims in the lawsuit.
Apple has denied any wrongdoing in this case, but if the court rules against Apple, class members may be entitled to an award of monetary damages. The exact payout, if any, would depend on how many class members submit a claim.
The case will be heard in the U.S. District Court for Northern California, and more details are available on the Replacement Device Lawsuit website.
Related Stories
Apple today told retail staff in the United States and Europe that it is planning to bring back in-person Today at Apple classes starting on August 30, reports Bloomberg.
Classes are set to resume at most U.S. locations, but Apple's plan to roll out in-person classes could be delayed at some Apple Store locations in areas where there is a surge in COVID-19 cases. With Today at Apple...
Every generation of the Apple Watch has a battery swelling defect that can cause operational failures and injuries from broken screens, states a new class action lawsuit that has been filed against Apple.
An Apple Watch with detached display caused by swollen battery, via Shawn Miller. According to the plaintiffs in the lawsuit, Apple has manufactured the watch in a way that allows the...
Apple has begun selling iPhones on its Certified Refurbished online store in Canada, offering residents in the country a more affordable way to purchase iPhones from Apple online.
Apple has been selling different refurbished iPhone models in the United States online since 2016. While Apple has long offered iPads and Macs in its Canadian refurbished store, this is the first time customers in...
Apple in November settled a long-running lawsuit over employee bag checks, with the Cupertino company agreeing to pay $29.9 million to employees who were subjected to off-the-clock bag searches, and now details about the settlement are available on Apple's website.
California employees first sued Apple in 2013, and in 2015, the case escalated into a class action lawsuit. Employees claimed...
Apple and its supplier Broadcom today convinced a U.S. appeals court to reject a jury verdict that required them to pay $1.1 billion for infringing on Wi-Fi patents that belong to the California Institute of Technology (via Reuters).
In 2016, Caltech accused Apple and Broadcom of infringing on its patents related to the Wi-Fi technology used in many Apple devices. Caltech's patents, granted...
Apple on Friday reached a $95 million settlement that, pending court approval, will resolve a class action lawsuit that accused the company of violating the Magnuson–Moss Warranty Act and other U.S. laws by replacing customers' devices covered by AppleCare with refurbished devices, according to court documents accessed by MacRumors.
Apple's Repair Terms and Conditions for the U.S. state...
Wednesday September 15, 2021 1:37 pm PDT by
Sami FathiApple is facing a new class-action lawsuit in the United States that accuses it of false or deceptive marketing for the M1-powered MacBook Pro and MacBook Air, fraudulent business practices, misconduct in customer support, and violation of consumer law.
The lawsuit, filed this week in the Northern District of California, represents Apple customers across the United States who have faced...
For the first time in a while, Apple has started selling a refurbished iPhone 8 model for $359 through its online store in the United States.
For the time being, this is now the cheapest iPhone model that can be purchased directly from Apple, but the device is nearly four and a half years old and we strongly recommend considering the second-generation iPhone SE in this price range. Released...
Popular Stories
The standard 41mm and 45mm models of the Apple Watch Series 8 will feature the same design as the Apple Watch Series 7, according to Twitter user @ShrimpApplePro, who was first to reveal that iPhone 14 Pro models would feature a new pill-and-hole display.
Titanium will not be an option for the standard Apple Watch Series 8 models either, according to @ShrimpApplePro, but Bloomberg's Mark...
Apple has "started to record" its virtual September event, where it's expected to announce the upcoming iPhone 14 lineup, the Apple Watch Series 8, and a new "rugged" Apple Watch model, according to Bloomberg's Mark Gurman. Writing in his latest Power On newsletter, Gurman says the event, which is expected to take place in the early part of September, is already under production, implying...
With August upon us, the countdown is officially on. We're just weeks away from when we're expecting Apple to announce the iPhone 14 lineup. Rumors of the next iPhone start early in the year, and as a result, some details about the upcoming device sometimes get lost in the crowd.
Exclusive MacRumors iPhone 14 Pro renders by graphic designer Ian Zelbo To help MacRumors readers, we've created a ...
You've probably experienced visiting a website like Reddit or LinkedIn on your iPhone only to be greeted with an annoying, almost full-screen pop-up urging you to view the content in their app instead of on the website.
It's a common practice for websites that have accompanying iOS apps to push users to open (if they already have the app installed) or download their app from the App Store to ...
The big Apple news this week was word that the upcoming iPadOS 16 update apparently won't be arriving alongside its counterpart update for the iPhone in September, largely due to a need to continue refining the new Stage Manager multitasking feature.
Other popular stories this week included more hints about the iPhone 14 Pro's rumored always-on display, potential design leaks for the...
Top Rated Comments
A device that is serviced under warranty is in fact used. Receiving a refurbished device is exactly equivalent.
Edit:
I have purchased many refurbished devices from Apple and could never tell them apart from new, aside from packaging.
You buy a new device. It breaks. You hand in your phone, Apple hands you a replacement. Does it work? Yes? Then eff off.