Class Action Lawsuit Against Apple for Offering Refurbished Replacement Devices Under AppleCare Moves Forward
A U.S. District Judge in San Jose today certified a class action lawsuit that accuses Apple of using "inferior" refurbished products as replacements for its AppleCare and AppleCare+ protection plans despite promising consumers new or equivalent to new replacements. [PDF]
The class action lawsuit was first filed against Apple in July 2016 by customers in California who were unhappy that their iPhones and iPads were replaced by refurbished devices under Apple's AppleCare or AppleCare+ plan.
The plaintiffs, Vicky Maldondo and Joanne McRight, claimed that Apple's decision to offer refurbished devices violate its own AppleCare Terms and Conditions and the Consumer Legal Remedies Act. From the original lawsuit:
The Apple Plans purport to provide consumers with Devices that are "equivalent to new in performance and reliability." What that phrase means is 'new' as refurbished devices can never be the equivalent to new in performance and reliability. Plaintiffs allege that it means refurbished. Refurbished is synonymous with the term "reconditioned," that is, a secondhand unit that has been modified to appear to be new for all purposes relevant to this litigation.
"New" means a Device that has never been utilized or previously sold and consists of all new parts. The word "refurbished" appears only once in the AppleCare+ terms and conditions even though the printed booklet is 33 pages long.
The lawsuit seeks compensation for iPhone, iPad, or iPod owners who purchased AppleCare or AppleCare+ coverage.
The law firm behind the lawsuit says that Apple customers who paid for AppleCare should have received new Apple devices that Apple promised, and is aiming for the difference in value "between devices that work like new and the inferior devices Apple provided class members."
Popular Stories
Apple today introduced the iPhone 16e, its newest entry-level smartphone. The device succeeds the third-generation iPhone SE, which has now been discontinued.
The iPhone 16e features a larger 6.1-inch OLED display, up from a 4.7-inch LCD on the iPhone SE. The display has a notch for Face ID, and this means that Apple no longer sells any iPhones with a Touch ID fingerprint button, marking the ...
Over the years, Apple has switched from an aluminum frame to a stainless steel frame to a titanium frame for its highest-end iPhones. And now, it has been rumored that Apple will go back to using aluminum for three out of four iPhone 17 models.
In an investor note with research firm GF Securities, obtained by MacRumors this week, Apple supply chain analyst Jeff Pu said the iPhone 17, iPhone...
Now that Apple has announced its new more affordable iPhone 16e, our thoughts turn to what else we are expecting from the company this spring.
There are three product categories that we are definitely expecting to get upgraded before spring has ended. Keep reading to learn what they are. If we're lucky, Apple might make a surprise announcement about a completely new product category.
M4...
Wednesday February 19, 2025 11:38 am PST by
Juli CloverFollowing the launch of the iPhone 16e, Apple updated its iOS 18, iPadOS 18, and macOS Sequoia pages to give a narrower timeline on when the next updates are set to launch.
All three pages now state that new Apple Intelligence features and languages will launch in early April, an update from the more broader April timeframe that Apple provided before. The next major point updates will be iOS ...
In a social media post today, Apple CEO Tim Cook teased an upcoming "launch" of some kind scheduled for Wednesday, February 19.
"Get ready to meet the newest member of the family," he said, with an #AppleLaunch hashtag.
The post includes a short video with an animated Apple logo inside a circle.
Cook did not provide an exact time for the launch, or share any other specific details, so...
Apple today announced its first custom cellular modem with the name "C1," debuting in the all-new iPhone 16e.
The new modem contributes to the iPhone 16e's power efficiency, giving it the longest battery life of any iPhone with a 6.1-inch display, such as the iPhone 15 and iPhone 16.
Expanding the benefits of Apple silicon, C1 is the first modem designed by Apple and the most...
Apple is permanently closing its retail store at the Northbrook Court shopping mall in the Chicago area. The company confirmed the upcoming closure today in a statement, but it has yet to provide a closing date for the location.
Apple Northbrook opened in 2005, and the store moved to a larger space in the mall in 2017.
Apple confirmed that affected employees will continue to work for the...
