Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Going To Lawsuit In August

Initially filed in 2016, a class action lawsuit accusing Apple of violating the Magnusson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act, and other US laws by providing customers with refurbished replacement devices was He will stand trial Aug. 16, according to a notice this week from the law firm Hagens Berman Sobol Shapiro LLP.

Apple’s repair terms and conditions state that when repairing a customer’s product, Apple “may use new or reconditioned parts or products that are equivalent to new in performance and reliability.” The plaintiffs in the lawsuit, Maldonado v. Apple Inc., allege that the refurbished or “remanufactured” devices are not “equivalent to new in performance and reliability” and therefore seek monetary damages from Apple.

The class includes US 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 then received an replacement device “remanufactured”. Anyone who meets this description will automatically be included as part of the class, unless you choose not to participate by May 3 to retain your 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 damages. The exact payment, if any, would depend on how many class members file a claim.

The case will be heard in the US District Court for Northern California, and more details are available on the Replacement Device Lawsuit website.


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