Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Proceeding to Trial in August

Originally filed in 2016, a class action lawsuit accusing Apple of violating the Magnusson-Moss Warranty Act, Song Beverly Consumer Warranty Act, and other U.S. laws by providing customers with refurbished replacement devices allegedly allegedly on Aug. 16 A notice is being brought to court this week by the law firm Hagens Berman Sobol Shapiro LLP.

Apple’s repair policy states that when servicing a customer product, the company may “use parts or products that are new or reconditioned and are equivalent to new performance in terms of performance and reliability.” Plaintiffs in the lawsuit, Maldonado v Apple Inc., allege that remanufactured or “remanufactured” equipment is not “like new” in terms of performance and reliability and is therefore seeking financial compensation from Apple.

Class includes US citizens who purchased an AppleCare + or AppleCare protection plan for an iPhone or iPad on or after July 20, 2012, either directly or through the iPhone Upgrade Program, and later received a “refurbished” replacement device. Anyone who meets this description will be automatically enrolled in the class unless they deregister by May 3rd to retain their right to sue Apple individually over the claims in the lawsuit.

Apple has denied any wrongdoing in this case. However, if the court rules against Apple, class members may be eligible for monetary damages. The exact payout, if any, will depend on how many class members are making a claim.

The case will be heard in the US District Court for Northern California. For more information, see the Replacement Device Lawsuit website.

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