- 4 hours ago
- Medhi Naitmazi
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Originally filed in 2016, a class action lawsuit that accuses Apple of violating the Magnusson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act and other U.S. laws by providing customers with refurbished replacement devices is expected to be tried on August 16, according to a notice this week from the law firm Hagens Berman Sobol Shapiro LLP.
Publicity
Replacements with reconditioned products are not to everyone’s taste
Apple’s repair terms and conditions state that, when servicing a customer’s product, the company “may use new or refurbished parts or products that are equivalent to new in performance and reliability. “. The plaintiffs in the lawsuit, Maldonado et al, allege that the refurbished or “refurbished” devices are not “equivalent to new ones in terms of performance and reliability” and therefore seek damages from Apple.
The class-action includes U.S. residents who purchased an Apple Care + extension or Apple Care program for an iPhone or iPad from July 20, 2012, either directly or through the iPhone Upgrade Program, and have then received a “reconditioned” replacement device after having recourse to their warranty. Anyone who meets this description will automatically be included in the action, unless they opt out before May 3 to retain their right to sue Apple individually for 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 damages. The exact payment, if any, will depend on the number of Class Members making a claim.
The case will be heard by the United States District Court for Northern California, and more details are available on the site of the pursuit of replacement devices.
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