Lawsuit Stories April 18, 2016

AAPL: 107.48

-2.37

Lawsuit Stories January 8, 2016

AAPL: 96.96

0.51

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).

Lawsuit Stories January 5, 2016

AAPL: 102.71

-2.64

Biometric specialist Valencell – whose technology is licensed by iRiver, LG, Sony and others – has filed a lawsuit accusing Apple of using underhand tactics to gain access to its patented technology for use in the Apple Watch.

The company claims that Apple violated three of its patents for improving the accuracy and reliability of heart-rate data when using the photoplethysmography (PPG) approach used in the Apple Watch. But the lawsuit alleges more than just patent infringement, reports AI: it also claims that Apple used deceptive techniques to get access to the technology …

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Lawsuit Stories December 29, 2015

AAPL: 108.74

1.92

In a new class action lawsuit, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.

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Lawsuit Stories December 23, 2015

AAPL: 108.61

1.38

Back in August, U.S. District Judge Lucy H. Koh threw out a class action lawsuit against Apple from former iPhone users complaining that text messages were no longer delivered when they ported their number to an Android phone. The lawsuit alleged that Apple was guilty of “interference” with their messages.

That wasn’t quite the end of it, however. Three of the plaintiffs persisted in individual claims against Apple, alleging that the company was in breach of the Federal Wire Tap Act by ‘intercepting’ their messages. The court has now dismissed these claims – with, it turns out, very good reason …

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Lawsuit Stories December 18, 2015

AAPL: 106.03

-2.95

Apple is already facing one class action lawsuit alleging that customers were unknowingly using up substantial amounts of mobile data, and it now faces a second.

The issue at stake in this new suit is that the iPhone 5/5s could silently switch from Wi-Fi to LTE under some circumstances, resulting in mobile data usage even when the phone was on Wi-Fi. This was fixed for Verizon users back in September 2012, but law firm Hagens Berman Sobol Shapiro LLP claims that Apple didn’t fix it for AT&T users until more than two years later.

According to the complaint, filed in the U.S. District Court for the Northern District of California in San Jose, Apple knew about the defect “almost immediately,” yet failed to fix it for AT&T wireless subscribers for years, and did not even disclose the defect. The defect affected all versions of iOS 6 and 7 and was only resolved with the release of iOS 8.1 in October 2014.

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