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A new 6-Count Class Action Lawsuit has been Filed against Apple for Falsely Advertising new iPhone Specifications that aren't Accurate

1 X Cover Class Action  image from the lawsuit - Copy

 

Christian Sponchiado, a citizen of San Mateo County, California and Courtney Davis a citizen of the State of New York who resides in Kings County have jointly filed a six-count class action against Apple for false specifications related to the iPhone XS and XS Max's  screen quality, resolution and size. The depth of the class action with detailed color charts and drawings comes across as if the complaint was actually created by a legal team rather than actual consumers.  

 

When the majority of consumers today go to an Apple Store, they pick up a demo unit of an iPhone, iPad and so forth that is sitting on one the product tables to check out what they wish to before making a purchase or passing on a purchase. If you buy it, it's because you liked what you saw and made a conscious decision to buy it. If you don't like it, you don't buy it and shop for something else, end of story.

 

No one naturally goes home after purchasing an iPhone and takes out their calculator, ruler or CAD program (as our cover graphic shows from the lawsuit) to make calculations to confirm whether the number of pixels advertised for the iPhone is 100% true. No one goes into a store looking for an iPhone with a guaranteed pixel count. No one turns to their friends and says wow, look at this pixel count. This is a ludicrous abuse of the court system, in my view.

 

Of course you may see it differently once you've read the full lawsuit provided further below for your review. If you see it differently, feel free to also send in your comments on Disqus below.

 

Causes for Action

 

Count 1: VIOLATIONS OF CALIFORNIA’S CONSUMER LEGAL REMEDIES ACT,

Count 2: VIOLATION OF CALIFORNIA’S UNFAIR COMPETITION LAW

Count 3: VIOLATION OF CALIFORNIA’S FALSE ADVERTISING LAW,

Count 4: VIOLATIONS OF THE NEW YORK DECEPTIVE ACTS AND PRACTICES ACT

Count 5: VIOLATIONS OF THE NEW YORK FALSE ADVERTISING LAW

Count 6: UNJUST ENRICHMENT

 

Nature of the Action In-Part

 

The Class Action lawsuit begins as follows: "Apple advertises its phones by touting their display size and screen quality as major selling points. Apple makes two types of claims about its screens: first, that that its screens have specific high resolutions, i.e. that they have a high pixel count as tallied by multiplying the screen height in pixels by the screen width in pixels. Secondly, that the phones’ surface area is large, as calculated by measuring the diagonal length of the screen from corner to corner. However, Apple’s iPhone X, iPhone XS, and iPhone XS Max phones (the “Products”) do not have the advertised screen resolution because they do not have the advertised number of screen pixels (2436×1125 in the iPhone X and XS, and 2688×1242 in the iPhone XS Max). Furthermore, it does not have the advertised screen size as measured in inches.

 

The pixel deception is rooted in the misrepresentation of the Products’ screens, which do not use true screen pixels. Defendant’s nominal screen pixel resolution counts misleadingly count false pixels as if they were true pixels. This is in contrast to every other iPhone—phones whose screens Defendant directly compares to the iPhone X screen in its effort to mislead consumers into believing that the iPhone X has more pixels (and better screen resolution) than it really does.

 

The screen size deception is simply based on Apple cutting corners—Defendant rounds off the corners of the Products’ screens and the Products have notches without pixels at the top of their screens, but Defendant calculates the screen size of the Products by including non-screen areas such as the corners and the cut-out notch at the top of the screen.

 

The missing screen areas also reduce the false pixel counts of the Products’ screens below their advertised pixel counts."

 

Defendant’s False Marketing

 

The lawsuit's complaint continues: "One of the most important factors in the value and price of a phone is its screen quality, the most important factor of which is screen resolution. For this reason, Defendant’s phones, including the Products, are advertised and marketed based on their screen resolution. On Defendant’s website, as well as in the stores where the Products are sold, the Products are represented and advertised as having high-resolution screens."

 

For the rest of their opening statement and the remainder of the lawsuit, read the full Scribd document below that is chock-full of images supporting the Plaintiffs complaints. 

 

A new 6-Count Class Action Lawsuit has been Filed against Apple for Falsely Advertising new iPhone Specific... by Jack Purcher on Scribd

 

2 class action filed against Apple dec 14  2018

10.4 - Patently Legal

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