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Lawsuit over AppleCare+ refurbished replacement devices can continue, says judge

What you need to know

  • A class action lawsuit began against Apple in 2016
  • The lawsuit focuses on replacement devices through the AppleCare+ protection plan
  • It claims that replacing devices with refurbished models breaks Apple's own terms

Apple has been replacing broken iPhones covered under AppleCare+ with refurbished models for years. Apparently, that is not sitting well with a number of people.

Reported by 9to5Mac, a judge today certified a federal class-action lawsuit against the company and moved the proceedings forward. The plaintiffs, Vicky Maldonado and Joanne McRight, argue that replacing broken iPhones with a refurbished device violates Apple's own terms and conditions of AppleCare+, which promises "new or equivalent to new" replacements.

U.S. District Judge William H. Orrick today issued an order certifying a class of consumers against Apple in a class-action lawsuit accusing the tech company of issuing refurbished replacement products to consumers under its AppleCare and AppleCare+ protection plans, despite promises of "new or equivalent to new" replacements, according to Hagens Berman. In the order issued Sept. 17, 2019, Judge Orrick also denied Apple's motion for summary judgment.

According to the plaintiffs, Apple has violated the Consumers Legal Remedies Act, California's False Advertising Law, and California's Unfair Competition. The lawsuit is being handled by law firm Hagens Berman, the same firm that won another class-action lawsuit against Apple for price fixing eBooks in 2013. Apple argues that the refurbished devices given as replacement models under its protection plans are satisfactory

For its part, Apple says that it considers a device equivalent to new if it "meets the same engineering specifications as a new device." The company also "has the same quality standards for new and remanufactured devices, and it goes through the same process to qualify the remanufactured products for distribution to consumers."

The lawsuit seeks damages for consumers who paid for AppleCare or AppleCare+, as well as those who paid the additional cost for device replacement, and did not receive a new device. The firm is looking for Apple to pay consumers for the difference in cost of the refurbished devices that were given and the new devices that they claim should have been offered. The full press release can be found on Hagens Berman's website.

Joe Wituschek
Joe Wituschek

Joe Wituschek is a Contributor at iMore. With over ten years in the technology industry, one of them being at Apple, Joe now covers the company for the website. In addition to covering breaking news, Joe also writes editorials and reviews for a range of products. He fell in love with Apple products when he got an iPod nano for Christmas almost twenty years ago. Despite being considered a "heavy" user, he has always preferred the consumer-focused products like the MacBook Air, iPad mini, and iPhone 13 mini. He will fight to the death to keep a mini iPhone in the lineup. In his free time, Joe enjoys video games, movies, photography, running, and basically everything outdoors.

3 Comments
  • Let them go get insurance through Assurion and see what they get. You might just end up with an original iPhone. There's no guarantee that you will even get the same model of phone with them.
  • You're giving them a phone with one previous user, they should give you one that had one previous user. That's a fair trade?
  • Not only that, but apple is giving them a phone that works where the phone apple is getting in return no longer works. they ought to be **** lucky to be getting anything at all.