Santa Clara, CA: A consumer fraud class action lawsuit has been filed against Apple over allegations that devices that are replaced AppleCare+ warranty with refurbished replacements don’t meet a specific clause in the contract.
Filed in California, on behalf of plaintiff Vicky Maldonado and others similarly situated, the proposed class action alleges the clause claiming refurbished devices are "equivalent to new in performance and reliability" is false.
According to the allegations, a refurbished device is a "secondhand unit that has been modified to appear to be new" and therefore can’t be equivalent in durability and functionality as a new unit. Maldonado filed the suit after she purchased a third generation iPad and then cracked the screen after owning it for six months.
As the damage to Maldonado’s iPad was accidental in nature, she was forced to replace her tablet at an out of pocket cost of $250, according to the suit. However, she was told that for another $100 the AppleCare+ program would replace the tablet if similarly damaged in the future. Allegedly, the replacement iPad Maldonado was given under the warranty did not function properly and since it had impaired functionality, the tablet wasn’t equivalent to new, the suit asserts.
Following this, in 2013 Maldonado bought another iPad, a fourth generation model. She claims that she wasn’t informed that she would get a refurbished device if she damaged the tablet. When she tried to get a repair for the device in May 2015, she was given a refurbished device instead. According to court filings, she claims the device she received wasn't equivalent to that of a new device either in performance or reliability.
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Same issue...Genious Bar employees were redfaced when the "new" phone I was to receive had a t-mobile sim card in it and someone else's information. Of course they ran back and retrieved another "new" old phone that has caused nothing but grief. Dont get me started on storage scam issues either. Haven't been able to open my apps or use camera in weeks even though I have available storage. This is nearly criminal.
Posted by Mika Cooper
I filed a claim and paid for a replacement when I was a sprint customer and received a refurbished phone for $150+.
Posted by Irene Carnahan
I had similar situations with Apple and never heard of this class action. How are you to find this out
Posted by Dan streck
Relieved a refurbished
iPhone 5 battery problem
And the one they sent me back is worse then the the one I sent to them in the first place
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