Kenneth Sciacca of Colorado filed a class action against Apple on June 4th in San Jose California seeking $5 million for their refusal to acknowledge a common complaint about every edition of the Apple Watch. According to the Plaintiff "The Watches all contain the same defect and/or flaw, which causes the screens on the Watches to crack, shatter, or detach from the body of the Watch (the "Defect"), through no fault of the wearer, oftentimes only days or weeks after purchase."

Nature of Action

Mr. Sciacca's formal complaint before the court provides a segment called the "Nature of the Action" which is provided below in full. It should be noted that all highlighting has been done by Patently Apple.

"Plaintiff brings this action individually and on behalf of the proposed class (the "Class"), as more fully defined below, for the benefit and protection of all current and former owners of the First Generation ("Series 0"), Second Generation ("Series 1" and "Series 2"), and Third Generation ("Series 3") models of the Apple Watch ("Watch" or "Watches") purchased in the United States. Plaintiff brings this class action on behalf of himself and all other similarly situated persons to obtain damages, restitution, as well as injunctive and other relief.

Apple started selling the Watches in April 2015, when it introduced its Series 0 Watches to consumers. Since April 2015, Defendant has released two additional "generations" of the Apple Watch: the Series 1 and Series 2 Watches; and the Series 3 Watch.

The Watches all contain the same defect and/or flaw, which causes the screens on the Watches to crack, shatter, or detach from the body of the Watch (the "Defect"), through no fault of the wearer, oftentimes only days or weeks after purchase.

Apple knew that the Watches were defective at or before the time it began selling them to the public. Furthermore, consumers complained to Apple about the Defect almost immediately after Apple released the Series 0, Series 1, Series 2, and Series 3 Watches.

Shortly after the release of the Series 0 Watch in April 2015, consumers began to complain that the screens on their Watches were spontaneously detaching from the body of their Watches.

Apple has persistently denied any widespread issue with Series 0 Watches, but in April 2017, Apple acknowledged a swelling battery defect in certain Series 0 Watches and extended its Limited Warranty for qualifying Series 0 Watches from one year to three years.

Apple began to sell its Series 1 and Series 2 Watches in September 2016. Shortly thereafter, consumers who purchased the Series 1 and Series 2 Watches complained that the screens on their Series 1 and Series 2 Watches had cracked, shattered, or completely detached from the body of their Watches. Like their Series 0 brethren, these consumers took their defective Watches to Apple Stores, contacted Apple Support, and posted their complaints on the "Communities" forum on apple.com.

Apple has persistently denied any widespread issue with Series 1 or Series 2 Watches, but, upon information and belief, in April 2018, Apple acknowledged a swelling battery defect in certain Series 2 Watches and extended its Limited Warranty for qualifying Series 0 Watches from one year to three years.

Apple started selling its Series 3 Watch in September 2017. Shortly thereafter, consumers who purchased the Series 3 Watch reported that the screens on their Watches were cracking, shattering, or detaching from the body of their Watches, and lodged their complaints with Apple in the manners described above.

Since 2015, Apple has sold millions of Watches with the Defect throughout the United States, and either knew, or should have known, that the Watches contain the Defect and are not fit for their intended purpose. Nonetheless, Apple has actively concealed and failed to disclose the Defect to Plaintiff and Class members prior to, at, or after the time of purchase.

Further, Apple's conduct, when confronted with the Defect, indicates that its internal policy is to deny the existence of the Defect, claim the Defect is the result of "accidental damage" caused by consumers, and then refuse to honor its Limited Warranty on those grounds. Without Limited Warranty coverage, consumers are forced to incur the significant expense of repairing or replacing their defective Watches.

Apple knew that purchasers of the Watches would reasonably expect the screens to function in a predictable and expected manner during normal use, and Plaintiff and other consumers have precisely that expectation. Also, Apple knew that purchasers of the Watches would reasonably expect the Defect—when it manifested itself—to be covered under its Limited Warranty, and again, Plaintiff and other consumers did have that expectation.

Had Plaintiff and other Class members known about the Defect at the time of purchase, they would not have bought the Watches, or would have paid less for them.

As a result of the Defect in the Watches and monetary costs associated with repair, replacement, or lost use of the Watches, Plaintiff and Class members have suffered injury in fact, incurred damages, and have otherwise been harmed by Apple's conduct.

This action is brought to remedy violations of state consumer protection statutes in connection with Apple's misconduct, including its conscious effort to conceal material facts concerning the Defect during the distribution, marketing, sale and advertisement of the Watches, as well the consumer and warranty services performed with respect to the Watches.

Plaintiff and the Class assert claims under the Unfair Competition Law ("UCL" or "Section 17200"), Business and Professions Code §§ 17200, et seq., and the Consumers Legal Remedies Act ("CLRA"), Civil Code § 1750, et seq."

Photos, Exhibits in Class Action

The two photos provided below are presented on page 11 of the class action in context to the personal testimony of Kenneth Sciacca.

Causes for Action

Count 1: UNLAWFUL BUSINESS ACTS AND PRACTICES IN VIOLATION OF CAL. BUS. & PROF. CODE §§ 17200

Count 2: VIOLATIONS OF THE CONSUMER LEGAL REMEDIES ACT, CAL. CIV. CODE §§ 1750

Count 3: BREACH OF EXPRESS WARRANTY

Count 4: BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY

Count 5: MAGNUSON-MOSS WARRANTY ACT

Count 6: UNJUST ENRICHMENT

For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple  

Class Action Filed Against Apple by Kenneth Sciacca Over Apple Watch Defect by Jack Purcher on Scribd

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