Uriel Marcus of San Jose California and Benedict Verceles of Houston Texas, by and through their attorneys, bring a Class Action lawsuit against Apple over faulty MacBook (Pro and Air) logic boards that continue to be sold until this day. According to the complaint, Apple's "cover-up" shows that they "had knowledge of the defect, yet willfully and intentionally decided to hide the defect, resulting in continuing damage to the Class." It was interesting to discover that the law firm that's behind this latest Class Action lawsuit was also the one behind a 2012 Class Action against Apple on the very same subject matter.
This Class Action Covers Ten Areas of Law
1. Violations of California Business and Professions Code
2. Violations of the Consumer Legal Remedies Act, California Civil Code
3. Violations of the Magnuson-Moss Warranty Act
4. Breach of Implied Warranty of Fitness for a Particular Purpose
5. Breach of Implied Warranty of Merchantability
6. Violations of the Song-Beverly Consumer Warranty Act
7. Fraud under Texas Common Law
8. Violations of the Texas Deceptive Trade Practices Act
9. Money Had and Received
10. Unjust Enrichment
The Plaintiffs' Allegations
Plaintiffs are purchasers of Apple laptops including the MacBook Pro, MacBook, and MacBook Air that were sold with defective logic boards.
Plaintiffs purchased the subject computers and used the logic boards, believing them to be suited for the purpose for which they were intended: operating the computer.
Since purchasing these computers, Plaintiffs have had to replace their logic boards, because, when used as instructed and intended, their logic boards failed. Plaintiffs and Class members have also lost the monetary value of their computers, such that the laptops are worth significantly less because they contain the defective logic board as original equipment.
Plaintiffs learned that far from being the only one experiencing such problems with the logic boards, there were thousands of other similar customer complaints on Apple's website.
In fact, Plaintiffs' experiences with the logic boards are typical of thousands of other Apple purchasers who have registered their complaints with Apple, and have documented their problems with the logic boards on various website forums dedicated to Apple products, including Apple's own website. The similarity of the user complaints about the logic board further evidences the uniformity of the product defects alleged herein.
Plaintiffs have suffered injury in fact and loss of money or property, and they have been damaged in the amount they paid for the defective replacement logic boards they had to purchase to use their laptop computers. Plaintiffs have also been damaged by the loss of value due to the fact that Apple sold their laptops with improperly designed components. Moreover, if no adequate and functional replacement logic board exists, Plaintiffs have suffered damages in the amount of the full price they paid for their laptop computers.
In the specific case of Plaintiff Benjamin Verceles, the complaint states that he "purchased a MacBook Pro, which came with the defective logic board, in July 2011. Less than one month later, Mr. Verceles's laptop ceased to function. Plaintiff took his laptop to the Apple Store where the Apple representative said that the cause was a defective logic board. Since his computer was under warranty, the logic board was repaired free of charge. Less than two years later, the new replacement logic board also failed. After taking the computer to the Apple, Plaintiff was informed that the replacement logic board was defective and that Apple would not pay for the repair. Plaintiff was charged $310.00 plus tax of $25.58, for a total of $335.58 for the repair."
In the specific case of Uriel Marcus, it's acknowledged that he didn't purchase an extended warranty and the problem occurred after 18 months from purchase.
Various Other Notes from the Class Action
In section five of this Class Action the complaint states that "From December 2010 through July 2012, more than 356 'customer reviews' of the laptop failures have been posted to the Apple Online Store. The web page listing 'MacBook Pro Logic Board Failure' has been viewed more than 140,000 times. The vast majority of the reviews are extremely negative, notifying Apple again and again about its defective logic boards. They go on to list Apple customers complaining about this issue on various online forums.
The complaint also added this negative twist: "To ensure that the logic board would be fit for the ordinary or particular purposes for which the computer was intended, Apple should have adequately tested the logic boards prior to releasing them for commercial sale. Had Apple exercised reasonable care in testing its logic board, it would have discovered that the logic board is improperly designed and causes premature failure of the computer.
Apple also outsources its manufacturing to Chinese subcontractors and Chinese plants that have been criticized for worker suicides, excruciating working hours, and employing child labor. Reports have also surfaced that the plant managers are expected to pay bribes or 'cooperation money' to local Chinese Communist Party Officials.
The leadership at Apple responsible for shifting manufacturing to China in an effort to decrease supply chain costs includes current Apple CEO Timothy Cook, who was Senior Vice President for Worldwide Operations when the increased manufacturing in China began."
As in most Class Actions, the Plaintiffs are seeking a minimum of five million dollars from Apple if they're found guilty.
The Class Action lawsuit was filed in Texas Southern District Court, Brownsville Office in Cameron County. The case was assigned to Judge Andrew S Hansen and referred to Magistrate Judge Ronald G. Morgan. This lawsuit was submitted by the Rosales Law Firm located in Harlingen, Texas and signed by Omar Rosales specifically on May 15, 2014.
It should be noted that another Class Action lawsuit was filed against Apple concerning faulty MacBook logic boards back in 2012. The case was filed by the very same Omar Rosales. The former case listed "Fraud under Texas Common Law" and "Violations of the Texas Deceptive Trade Practices Act" as the first two causes of action. In this case, the focus is California with the causes being listed as "Violations of California Business and Professions Code," and "Violations of the Consumer Legal Remedies Act, California Civil Code." It's a new case, by same Omar Rosales, with a different twist.
Who knew that a law firm could continually file Class Action lawsuits against the same defendant about the same problem using different State laws? What a crazy system. The sad part in all of this is that some of the grievances of these plaintiffs or Apple-fans are real, while these ambulance chasers, oops I meant the law firm, will be the one making the money if they win this case while these poor Apple fans will be thrown a few nickels for their troubles.