Class action lawsuits filed against Apple are not rare occurrings. However, the last one filed this week tends to be the most unusual. Filed in U.S. District Court for the Northern District of California by a Colorado man, the suit seeks $5 million in damages.
The lawsuit alleges that all series of Apple Watches have a defect causing the display to “crack, shatter, or detach from the body of the watch, through no fault of the wearer.” It also claims that Apple “actively concealed” and “failed to disclose” the defect to customers.
“Apple knew that the Watches were defective at or before the time it began selling them to the public. Furthermore, consumers complained to Apple about the Defect almost immediately after Apple released the Series 0, Series 1, Series 2, and Series 3 Watches. Apple has actively concealed and failed to disclose the Defect to Plaintiff and Class members prior to, at, or after the time of purchase. Further, Apple’s conduct, when confronted with the Defect, indicates that its internal policy is to deny the existence of the Defect, claim the Defect is the result of “accidental damage” caused by consumers, and then refuse to honor its Limited Warranty on those grounds.”
The lawsuit also alleges that Apple did not provide returns or exchanges for the defected watches. Moreover, it refused warranty claims saying that the damaged are done by the fault of the Apple Watch owners.
Thus, Apple is accused of unlawful business acts and practices, in violation of California’s Business and Professions Code, in addition to violating California’s Consumers Legal Remedies Act and the Magnuson-Moss Warranty Act.
Apple hasn’t made any comment on the cracked displays or screens that have dislodged from the Apple Watch body yet, which this lawsuit is claiming. Whether this lawsuit will actually turn into anything, however, is unknown.
