Initially filed in 2016, a class action lawsuit accuses Apple of violating the Magnusson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act and other U.S. laws, providing customers with refurbished replacement devices, the trial will take place on August 16, according to a notice this week from law firm Hagens Berman Sobol Shapiro LLP.
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Apple’s terms and conditions of repair state that when a customer’s product is serviced, the company “may use new or refurbished parts or products that are equivalent to new in terms of performance and reliability.” The plaintiffs in the lawsuit, Maldonado v. Apple Inc., allege that the refurbished or “remanufactured” devices are not “equivalent to a new performance and reliability” and therefore claim monetary damages from Apple.
The class includes U.S. residents who purchased an AppleCare + or AppleCare protection plan for an iPhone or iPad on or after July 20, 2012, directly or through the iPhone Update Program, and subsequently receive a “remanufactured” spare device. Anyone who meets this description will be automatically included as part of the class, unless they choose to waive it on May 3 to retain their right to sue Apple individually for the claims in the lawsuit.
Apple has denied any wrongdoing in this case, but if the court rules against Apple, class members may be entitled to compensation for monetary damages. The exact payment, if any, would depend on the number of class members filing a claim.
The case will be known in the U.S. District Court for Northern California and more details are available on the replacement device lawsuit website.