A California legal firm filed the necessary paperwork to start a class action lawsuit over Apple’s so-called ‘touch disease’ problem.
As we reported last week, iPhone 6 and 6 Plus owners are complaining of a gray flickering bar at the top of the screen that renders the phone unresponsive — or less responsive — to touch. After restarting the phone, the issue normally disappears temporarily, only to come back at a later time.
Repair facilities, like iFixit, report that it’s one of the most common problems it sees with the iPhone 6. Apple, on the other hand, is basically pretending it doesn’t exist. Those with affected phones that attempt to seek help at the Apple Store are told that Apple doesn’t recognize it as a prevalent issue and that it isn’t covered unless your phone is under warranty.
Unfortunately, it’s not a fix that third-party repair shops can fix (cheaply) either. The only solution is to replace the logic board or the Touch ICs. The cost to fix either of those problems leaves consumers more likely to just purchase a new phone.
The class action complaint, lodged by California legal firm McCuneWright in the US District Court for Northern California, accuses Apple of fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment and violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warrnty Act.
According to the complaint:
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.
The plaintiffs are seeking an order that requires Apple to repair, recall and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. They also seek unspecified damages.
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