Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California's consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple's employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed "touch disease." The defect presents as a gray flickering bar at the top of the screen and a display that's unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone's logic board losing contact after a period of normal usage.


The complaint specifically claims that Apple's failure to incorporate a "metal shield" or "underfill" over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus "substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect."

iPhone-5s-metal-shield
iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn't recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Update: Those that wish to join the class action lawsuit can contact law firm McCuneWright LLP.

Related Forum: iPhone

Popular Stories

Generic iOS 19 Feature Mock Light

iOS 19 Leak Reveals All-New Design

Friday January 17, 2025 2:42 pm PST by
iOS 19 is still around six months away from being announced, but a new leak has allegedly revealed a completely redesigned Camera app. Based on footage it obtained, YouTube channel Front Page Tech shared a video showing what the new Camera app will apparently look like, with the key change being translucent menus for camera controls. Overall, the design of these menus looks similar to...
2024 App Store Awards

Apple Explains Why It Removed TikTok From the App Store in the U.S.

Sunday January 19, 2025 6:58 am PST by
Apple on late Saturday removed TikTok from the App Store in the U.S., and it has now explained why it was required to take this action. Last year, the U.S. passed a law that required Chinese company ByteDance to divest its ownership of TikTok due to potential national security risks, or else the platform would be banned. That law went into effect today, and companies like Apple and Google...
2024 iPhone Boxes Feature

Apple Changes Trade-In Values for iPhones, iPads, Macs, and More

Thursday January 16, 2025 6:45 am PST by
Apple today adjusted estimated trade-in values for select iPhone, iPad, Mac, and Apple Watch models in the U.S., according to its website. Some values increased, while others decreased. The changes were not too significant, with most values rising or dropping by $5 to $50. We have outlined some examples below: Device New Value Old Value iPhone 15 Pro Max Up to $630 U ...
Generic iOS 18

Everything New in iOS 18.3 Beta 3

Thursday January 16, 2025 12:39 pm PST by
Apple provided the third beta of iOS 18.3 to developers today, and while the betas have so far been light on new features, the third beta makes some major changes to Notification Summaries and also tweaks a few other features. Notification Summary Changes Apple made multiple changes to Notification Summaries in response to complaints about inaccurate summaries of news headlines. For...
iOS 19 Roundup Feature

iOS 19 Rumored to Be Compatible With These iPhones

Saturday January 18, 2025 10:28 am PST by
iOS 19 will not drop support for any iPhone models, according to French website iPhoneSoft.fr. The report cited a source who said iOS 19 will be compatible with any iPhone that can run iOS 18, which would mean the following models: iPhone 16 iPhone 16 Plus iPhone 16 Pro iPhone 16 Pro Max iPhone 15 iPhone 15 Plus iPhone 15 Pro iPhone 15 Pro Max iPhone 14 iPhon...
airtag 4 pack blue

AirTag 2 Launching This Year With These 3 New Features

Sunday January 19, 2025 8:11 am PST by
After a four-year wait, a new AirTag is finally expected to launch in 2025. Below, we recap rumored upgrades for the accessory. A few months ago, Bloomberg's Mark Gurman said Apple was aiming to release the AirTag 2 around the middle of 2025. While he did not offer a more specific timeframe, that means the AirTag 2 could be announced by the end of June. The original AirTag was announced...
iPhone SE Dynamic Island Majin Bu

iPhone SE 4 Leak Shows Dynamic Island, Casts Doubt on Rumored 'iPhone 16E' Name

Monday January 20, 2025 9:01 am PST by
A new iPhone SE is widely rumored to launch this year, and the device has potentially been confirmed today by known leaker Evan Blass. In a private social media post, Blass shared an image of what appears to be source code mentioning an iPhone SE (4th Gen), which casts doubt on the alternative "iPhone 16E" name rumored for the device. However, the name in the source code could be a...
iPad Pro vs iPhone 17 Air Feature

Here's How Thin the iPhone 17 Air Might Be

Friday January 17, 2025 3:38 pm PST by
For the last several months, we've been hearing rumors about a redesigned version of the iPhone 17 that Apple might call the iPhone 17 "Air," or something along those lines. It's going to replace the iPhone 17 Plus as Apple's fourth iPhone option, and it will be offered alongside the iPhone 17, iPhone 17 Pro, and iPhone 17 Pro Max. We know the iPhone 17 Air is going to be super slim, but...

Top Rated Comments

A7ibaba Avatar
110 months ago
"Apple doesn't recognize it as an issue". Now it will recognize for sure
Score: 16 Votes (Like | Disagree)
BootsWalking Avatar
110 months ago
Once again Apple must be forced into doing the right thing by its customers and cover this manufacturing/design defect for longer than the original stated warranty. It doesn't have to be this way Apple.
Score: 16 Votes (Like | Disagree)
sracer Avatar
110 months ago
Yes lets join in, pad the pockets of the lawyers, and get nothing ourselves.

I am sure there are plenty of people who Apple has helped, but we won't hear about it. It's nothing about media. In tech, compliments are rare, but when people feel shorted our culture appears to reward more for complaining.

Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty. Granted, it would be poor for Apple to expect customers to foot the bill for such an expensive phone that isn't even 2 years old yet. Perhaps the iPhone 7 will have a 2 year base warranty?

We can only hope.
It's escalating quickly. In less than a week we've gone from #8 to #12. For those who are experiencing the problem hang in there... Apple should be admitting to it (#13) and offering a solution soon.


Here's the typical cycle for problems reported on Apple products:
1. A few members post reports of the problem, report it to Apple
2. No response from Apple
3. Increased number of people report the issue
4. No response from Apple
5. Apple apologists dismiss the reports as very rare, the result of trolling, or exaggeration by drama queens
6. Even more reports of the problem
7. No response from Apple
8. News of the problem hits blogs
9. Apple apologists dismiss the blogs as simply engaging in clickbait
10. No response from Apple
11. Those affected by the issue threaten a class-action lawsuit
12. Apple apologists decry the "sue happy" nature of American consumers
13. Apple acknowledges the legitimacy of the problem
14. Apple apologists are silent
15. Apple release an update to correct the problem
or
15a. They set up a "program" to address the problem.
16. Apple gains some positive publicity
17. Apple apologists applaud Apple for doing the "right thing". (for an issue that they said from day-1 was not actually an issue)
18. First hand experience with the “program” reveals very strict guidelines and restrictions that greatly reduce the number of affected customers that can participate in the program.
Score: 16 Votes (Like | Disagree)
ACG12 Avatar
110 months ago
Good. When you spend $1000 on a phone, it should last more than 1 year and 10 months.
Score: 14 Votes (Like | Disagree)
Cole Slaw Avatar
110 months ago
They took some engineering shortcuts here; they should make it right. And by right I don't mean a refurb replacement as those suffer the same defect.
Score: 13 Votes (Like | Disagree)
ValPower Avatar
110 months ago
Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty.
People are expecting it to not fail catastrophically and irreparably after 2 years of normal use. They are expecting that it's performance would diminish gradually so they could either continue to use it for a little bit longer or sell it back for more than zero dollars to buy the latest, expensive, unsubsidized model in the wash-rinse-and-repeat cycle that keeps Apple making money.

A replacement that addressed the design issue or a trade-in credit equal to the phone's value had it NOT had the design issue would be a start.
Score: 10 Votes (Like | Disagree)