A lawsuit has been filed against Apple, Inc. in federal court and is currently pending in California. A video about the suit has been released which shares the story of Ms. Fabrienne English, who is one of the plaintiffs bringing the suit. She purchased a new Apple iPhone, but the phone broke after a few months. She took the iPhone to an Apple store in Texas, and was sold what she was told was a new iPhone to replace her broken one. She also purchased an extended warranty along with the iPhone. When that phone in turn experienced problems, Ms. English found that she could not rely upon Apple, Inc. to provide a new device, and indeed they refused to honor their warranty. She also discovered that the iPhone she had been sold by Apple was in fact a “refurbished” phone unbeknownst to her.
The lawsuit concerns Apple’s sale of used or refurbished phones or other devices which are represented as new, and Apple’s use of used or refurbished devices and parts in order to fulfill its warranty obligation under its Apple Care+ and Apple Care Protection Plan warranties, and its failure to inform customers that it is providing secondhand phones, computers, and parts to them in supposed satisfaction of its warranty obligations. Apple sells its products with these extended warranties throughout the United Sates. The warranties were sold for significant sums of about $99, and the lawsuit seeks restitution of the monies paid by all persons who were sold these plans. The lawsuit also seeks a court order to stop such practices in the future by Apple. The suit alleges that Apple has violated numerous laws by selling refurbished devices and by repairing devices with used or refurbished parts. However, Apple has denied violation of any law and declared that it did no wrong.
“We can’t help you if we don’t know who you are, and the more information we have, the better our chances are of helping people who have had problems,” notes Plaintiffs’ attorney Renee Kennedy, of the Kennedy Law Firm. The firm is asking people who have purchased extended warranties, or who had unsatisfactory service from Apple when they sought to make a claim under their AppleCare Plus or AppleCare Protection Plan warranties, to contact them with their stories.
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