by Apple is facing a class action lawsuit in the States over the company’s use of refurbished devices as replacements under AppleCare or AppleCare+. Customers in California are suing after broken things that they had were replaced with like-new things that matched.
What’s interesting is that the plaintiffs are suing for breach of contract, even though, as the piece points out, the Apple plans purport to provide consumers with devices that are equivalent to new in performance and reliability.
The report says the plaintiffs claim that they were deprived of the use and value of their original devices will Apple replaced them with refurbished devices, suffering and economic loss in the amount of the cost of the AppleCare plans, the loss of value of their original non-refurbished devices, and the purchase cost and replacement cost paid to Apple.
Breach of contract is not the only thing over which the plaintiffs are suing, they’re also going for breach of warranty, concealing information from the public, deceptive marketing, violating labeling requirements, and unfair competitive practices.
MacRumors says the plaintiffs are seeking damages, attorney’s fees, an order that would prevent Apple from replacing damaged or defective iOS devices with refurbished devices in the future, updated AppleCare+ terms and conditions, and an option to get a refund for a broken device instead of a repair.
Leave a Reply