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Judge rejects class-action over AppleCare’s subpar replacements, calls lawyer ‘manifestly incompetent’

Remember that class-action lawsuit alleging AppleCare+ customers were being given subpar replacement products? This week a federal judge rejected the case while calling the plantiffs’ lawyer “manifestly incompetent” and suggesting the counsel orchestrated the entire case.

ArsTechnica reports the judge’s rejection this week claimed the lawyer encouraged the plaintiffs to purchase AppleCare plans and record interactions with Apple employees “for the purpose of initiating this lawsuit.”

But none of the plaintiffs were disgruntled consumers who went looking for a lawyer after getting bad service. Galindo was a paralegal for Renee Kennedy, the lawyer who filed the lawsuit, and Adkins had also worked for Kennedy in the past. Kennedy gave them both “monetary gifts to thank them for their excellent work,” and both women used those “gifts” to buy AppleCare Plus, referred to as “AC+” in court papers.

While the case isn’t entirely over, it won’t be a class-action and therefore will likely be on a much smaller scale than it might have been otherwise (if it doesn’t eventually get thrown out altogether).

Under Apple’s current policy for AppleCare plans, the company promises to “exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product.” It’s not always the case — the judge found one plaintiff in the case was actually given a brand new device as a replacement — that’s another way of saying you might get refurbished replacement units (or parts for repairs).

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Comments

  1. el3v3nty - 8 years ago

    Hopefully this helps AAPL getting sued over ‘stupid and incompetent’ lawsuits.

  2. Brandon Pamplin - 8 years ago

    Note to the editor: it’s not good practice to mention people (as in this article) by their last names without any point of reference as to who they are. It would appear that you copied and pasted (and then slightly modified) parts of ArsTechnica’s article (which is also not particularly good practice) to create this one. The original Ars article included full names in the second paragraph (and before any of the parties involved were mentioned again simply by last name).

    tl;dr Be careful when you copy and paste stories not to remove content necessary for the story to make sense.

Author

Avatar for Jordan Kahn Jordan Kahn

Jordan writes about all things Apple as Senior Editor of 9to5Mac, & contributes to 9to5Google, 9to5Toys, & Electrek.co. He also co-authors 9to5Mac’s Logic Pros series.