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A Group of 15 Apple Customers have filed a Class Action against Apple for Degraded Connectivity & Performance of the iPhone XR

1 x cover Class Action

 

A group of 15 Apple customers have filed a Class Action Complaint against Apple in Northern California for breach of express and implied warranties, violation of the California Consumer Legal remedies act and unfair competition law, fraudulent concealment, and breach of implied warranty of merchantability. The six-count case involves Plaintiffs seeking monetary compensation for the degraded connectivity, reliability, and performance of their iPhone XR on their behalf and that of the putative nationwide class.

 

Causes for Action

 

COUNT I: BREACH OF EXPRESS WARRANTY—MAGNUSON-MOSS WARRANTY ACT

COUNT 2: BREACH OF IMPLIED WARRANTY—MAGNUSON-MOSS WARRANTY ACT

COUNT 3: VIOLATIONS OF THE CALIFORNIA CONSUMER LEGAL REMEDIES ACT

COUNT 4: VIOLATIONS OF CALIFORNIA’S UNFAIR COMPETITION LAW

COUNT 5: FRAUD BY CONCEALMENT (BASED ON CALIFORNIA LAW)

COUNT 6: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

 

In the Class Action Introduction presented below, the Plaintiffs lay out their case. All emphasis/highlights in the introduction was added by Patently Apple.  The formal complaint reads as follows:

 

 "Apple Inc. markets its iPhones as premium products with fast processors, reliable connectivity, and epic performance. Each year, many thousands of American consumers purchase Apple’s products—so many, in fact, that they have made Apple one of the most valuable companies in the world.

 

Like every vendor, Apple has duties of truthfulness and candor to its customers. It also has the duty to not conceal material information that one of its newest iPhone models has inferior performance and inferior components relative to its other new models and the models of its competitors such that it will not maintain voice and data connections as advertised and promoted and as needed to support the normal and expected operation of the device.

 

Apple has violated these duties by designing, manufacturing, and selling their iPhone XR with defects that Apple was aware of. The iPhone XR is equipped with a 2x2 MIMO antenna array versus the 4x4 MIMO array Apple uses in its iPhone XS and iPhone XS Max and which Apple’s competitors use on their phones priced comparably to the iPhone XR. Apple fails to disclose at the point of sale or otherwise inform consumers that this design difference causes the iPhone XR to have half the signal connectivity and 4G speed of the iPhone XS and iPhone XS Max and renders the XR far less capable of obtaining a reliable connection in the same areas where the XS and Max can reliable connect.

 

Apple has long known or should have known of the inadequacy of the iPhone XR antenna array from multiple sources. These sources include pre-release design, manufacturing, and testing data; warranty claims data; consumer complaints made directly to Apple, made to Apple resellers and cellular service providers, and/or posted on public online forums; testing done in response to those complaints; aggregate data and complaints from authorized resellers; and other  sources. Yet Apple failed to disclose and actively concealed the iPhone XR’s defect from the public, and continues to manufacture, distribute, and sell the iPhone XR without disclosing the defect.

 

Under Apple’s One-Year Limited Warranty, Apple 'warrants the included hardware product and accessories against defects in materials and workmanship for one year from the date of original retail purchase.' The 2x2 MIMO antenna array in the iPhone XR, all of which share identical connectivity technology, are defective in material or workmanship under normal use.

 

Apple has not found a solution to the iPhone XR connectivity system defect. Instead, upon receiving an in-warranty complaint, Apple—if it does anything—simply replaces the defective iPhone XR with a new iPhone XR that has the identical defective connectivity system, leaving consumers caught in a cycle of use, malfunction, and replacement.

 

In January 2020, Apple admitted that iPhone XR users were having network connectivity issues on O2, a major cellular network in the United Kingdom. Apple has yet to offer a solution to consumers there or in the United States.

 

Plaintiffs bring this action for violation of California consumer protection acts and for breach of express and implied warranties on behalf of a nationwide class. Plaintiffs seek damages and equitable relief on behalf of themselves and all others similarly situated.

 

In this nationwide proposed class action, Plaintiffs seek monetary compensation for the degraded connectivity, reliability, and performance of their iPhone XR on their behalf and that of the putative nationwide class.

 

For more details on this case, review the full Class Action lawsuit filing presented below, courtesy of Patently Apple.

 

9 - Class Actioin v Apple R... by Jack Purcher on Scribd

 

2 class actioin against Apple of iPhone XR

 

10.4F - Patently Legal

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