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June 12, 2013 / Steven Soliman

Apple Faces Another Class Action Lawsuit Over its Warranty

A class action lawsuit was filed against Apple, Inc. on May 24 accusing the company of knowingly using faulty or inferior liquid-detection tape on its iPhone and iPod Touch devices, which falsely indicated water damage and prevented consumers from replacing their devices under the company’s warranty policy.

The lawsuit is seeking to represent anyone who purchased their iPhone before January 1, 2010, or an iPod Touch before July 1, 2010, and the devices must have been covered by either a one-year warranty or the two-year AppleCare Protection Plan. The complaint suggests that the liquid-detection tape on the devices can be triggered by humidity and temperature changes, both of which are not known to cause device malfunction.

The new lawsuit comes less than one month after Apple signed a $53 million settlement in another class action lawsuit in connection with warranties of the same Apple devices. However, the plaintiffs in that case included anyone who was denied warranty coverage based on the liquid-detection tape when they tried to repair or replace their iPhone on or before December 31, 2009, or tried to repair or replace the iPod Touch on or before June 30, 2010. That settlement came after 3M, the manufacturer of the tape, stated that the pink color of the Plaintiffs’ indication tape was merely an indication of humidity, and did not indicate actual contact with a liquid.

The new plaintiffs are seeking injunctive relief, and monetary compensation. The case name is Sean Pennington et al. v. Apple Inc., and has been filed in California federal court.

If you or someone you know have been the victim of unfair business practices, please contact Khorrami Boucher Sumner Sanguinetti, LLP for a private consultation.

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