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.

Popular Stories

space black mbp

Apple Potentially Facing Worst Leak Since iPhone 4 Was Left in a Bar

Monday October 7, 2024 3:03 pm PDT by
Alleged photos and videos of an unannounced 14-inch MacBook Pro with an M4 chip continue to surface on social media, in what could be the worst product leak for Apple since an employee accidentally left an iPhone 4 prototype at a bar in California in 2010. The latest video of what could be a next-generation MacBook Pro was shared on YouTube Shorts today by Russian channel Romancev768, just...
iPhone 17 Slim Feature Single Camera 2

10 Reasons to Wait for Next Year's iPhone 17

Tuesday October 8, 2024 5:45 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different – already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
iPad mini review thumb

iPad Mini 7 Coming Next Month: What to Expect

Tuesday October 8, 2024 6:16 am PDT by
Rumors strongly suggest Apple will release the seventh-generation iPad mini in November, nearly three years after the last refresh. Here's a roundup of what we're expecting from the next version of Apple's small form factor tablet, based on the latest rumors and reports. Design and Display The new iPad mini is likely to retain its compact 8.3-inch display and overall design introduced with...
Generic iOS 18

iOS 18.1 With Apple Intelligence: New Features, Release Date, and More

Thursday October 10, 2024 8:26 am PDT by
iOS 18.1 will be released to the public in the coming weeks, and the software update introduces the first Apple Intelligence features for the iPhone. Below, we outline when to expect iOS 18.1 to be released. iOS 18.1: Apple Intelligence Features Here are some of the key Apple Intelligence features in the iOS 18.1 beta so far: A few Siri enhancements, including improved understanding...
apple tv 4k yellow bg feature

Waiting for a New Apple TV? Here's What the Latest Rumors Say

Tuesday October 8, 2024 8:57 am PDT by
The current Apple TV was released two years ago this month, so you may be wondering when the next model will be released. Below, we recap rumors about a next-generation Apple TV. In January 2023, Bloomberg's Mark Gurman reported that a new Apple TV was planned for release in the first half of 2024:Beyond the future smart displays and new speaker, Apple is working on revamping its TV box....
Generic iOS 18

Everything New in iOS 18.1 Beta 6

Monday October 7, 2024 4:27 pm PDT by
We're nearing the end of the iOS 18.1 beta testing process, but Apple is continuing to make tweaks to refine built-in features ahead of when the software launches. With testing winding down, there are fewer new additions, but Apple has made changes worth noting. The new beta is available for both developers and public beta testers. Control Center In the Control Center, Apple has added new...

Top Rated Comments

Jerry Fritschle Avatar
47 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
47 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
47 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
47 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
47 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
47 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)