Last week, repair guide website iFixit published a detailed blog post discussing an issue plaguing a growing number of iPhone 6 and iPhone 6 Plus users. Referred to as “Touch Disease,” a hardware problem causes iPhone displays to become unresponsive and feature a thin gray flickering line along the top.
Now, a trio of iPhone users have filed a class action lawsuit against Apple over the issue, claiming that Apple has refused to repair devices that are affected for free…
The class action suit was filed by Todd Cleary of California, Jun Bai of Delaware, and Thomas Davidson of Pennsylvania in the U.S. District Court of Northern California. Specifically, the complaint accuses Apple of violating the consumer fraud statutes in place in California, as well as the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.
As for what the plaintiffs are demanding, the paperwork shows requests for Apple to repair, recall, and/or replace iPhones affected by Touch Disease, as well as to extend the warranties for all iPhone 6 and iPhone 6 Plus users for issues related to Touch Disease. The plaintiffs are also requesting unspecified damages, we well.
From the filing (via MR):
Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.
As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.
Last week’s iFixit report claimed that the Touch Disease issue could be so widespread that “almost every” iPhone 6 and 6 Plus could be “ticking bombs just waiting to act up.” Whether or not that’s true remains to be seen, but even if it’s remotely the case, Apple could have a relatively big problem on its hands. On the other hand, this could just be another attempt by people to make a quick buck by hitting Apple with a lawsuit…
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