LegalReader.com  ·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

Apple Lawsuit Filed over Defective iPhone 6 and 6 Plus


— August 30, 2016

On August 27, 2016, a class action lawsuit was filed in California against Apple. A class action lawsuit is an action initiated by one or more individuals that sue as representatives of a larger class of people that have incurred the same wrong by the same defendant. The Apple lawsuit filed suit will include those affected by the defect nationwide. At this time there is no way to know how many consumers have been affected, but it is believed to be in the thousands.

Image courtesy of https://upload.wikimedia.org/wikipedia/commons/thumb/d/dc/My_Trusty_Gavel.jpg/256px-My_Trusty_Gavel.jpg
Image courtesy of https://upload.wikimedia.org/wikipedia/commons/thumb/d/dc/My_Trusty_Gavel.jpg/256px-My_Trusty_Gavel.jpg

This class action lawsuit includes three plaintiffs from California, Pennsylvania and Delaware. They claim that Apple is using “unfair, deceptive and/or fraudulent business practices”, and are seeking repair or replacement of their iPhone 6 and iPhone 6 Plus smartphones, and other damages.

According to the lawsuit, the issue in this case is a design defect in the iPhone 6 construction. The touch screens become unresponsive followed by a flickering gray bar along the top of the screen. The phones then become disabled. Apple has refused to repair or replace the phones, even though they are aware that the phones have a design defect and are attempting to conceal that fact.

Apple must clearly be aware of the problem because it’s support forum is filled with complaints about freezing touch screens. In addition, phone repair businesses and individuals that use the iPhone 6 and 6 Plus have repeatedly posted the problem on the Internet. In fact, it is so common that a writer on the website Ifixit.org blog noted that repair specialists have dubbed it the “touch disease.”

The lawsuit notes that the problem with the phones is that the touch screen controller chips on the main board are not properly secured and fail under normal phone use. As the phones bend and twist during everyday use, the solder holding the controller chips in place weakens and eventually separates from the main board.

Even though Apple is, or should be, aware of the problem, it has not issued a recall and has not offered free repair of the defect. The only option left for those who purchased the iPhone 6 or 6 Plus is to replace the main board or purchase a new phone. As a result of the “touch disease”, they are left with a phone that does not work and that has no resale value.

Apple, like many other giant corporations, seems to prefer profits to taking care of its consumers more often than not. They are apparently losing sight of the fact that without consumers, they have no business. One would think they would do their best to be supportive and offer fair solutions, rather than simply ignoring problems that are due to its own design issues. It will be interesting to hear Apple’s response to the current class action lawsuit.

Those who have experienced the “touch disease” may join the lawsuit by submitting your information here. If you have not purchased an iPhone 6 or 6 Plus, and have not experienced the problems outlined above, you will not be eligible to join the class action lawsuit.

Sources

Davidson et al v. Apple Inc., class action lawsuit

Apple Support Forum

Ifixit.org touch disease

Join Class Action Lawsuit

Join the conversation!