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 products refurbished store banner
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.

Top Rated Comments

Jerry Fritschle Avatar
39 months ago
Should this suit prevail, I'm sure the typical class-action result will follow. The lawyers will get a kajillion dollars, and the class members will get $10 iTunes gift cards.
Score: 38 Votes (Like | Disagree)
whiteonline Avatar
39 months ago
This is absurd.
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.
Score: 33 Votes (Like | Disagree)
mikeyy00 Avatar
39 months ago
JFC, lawyers are at it again.

You buy a new device. It breaks. You hand in your phone, Apple hands you a replacement. Does it work? Yes? Then eff off.
Score: 29 Votes (Like | Disagree)
WiiDSmoker Avatar
39 months ago
If I buy a new device and it stops working for whatever reason, I expect a new device in return under warranty.
Score: 26 Votes (Like | Disagree)
nikhsub1 Avatar
39 months ago

"'remanufactured' devices are not 'equivalent to new in performance and reliability'"

This is true. They are better. ;)
Not always. If they are reusing SSD for example, they have a finite lifetime and they should be using new.
Score: 25 Votes (Like | Disagree)
whiteonline Avatar
39 months ago

If refurbished is as good a new, then why does Apple bother selling certified refurbished products? Just re-package as new and sell for the full price. And technically, it is new because the tech specs are as good/equal to new.

C'mon Apple, I've never known you to leave money on the table (e-books, App Store, etc). Why is refurb any different?
Because selling refurbished as new is illegal.
Score: 16 Votes (Like | Disagree)

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