Apple Agrees to Pay $95 Million to Settle Lawsuit - Refurbished Devices Aren't 'Equivalent to New'

guest · Oct 5, 2021

Apple Agrees to Pay $95 Million to Settle Lawsuit Claiming Refurbished Devices Aren't 'Equivalent to New'
October 4, 2021
https://www.macrumors.com/2021/10/04/apple-refurbished-lawsuit-settlement/

Apple on Friday reached a $95 million settlement that, pending court approval, will resolve a class action lawsuit that accused the company of violating the Magnuson–Moss Warranty Act and other U.S. laws by providing customers with refurbished replacement devices, according to court documents accessed by MacRumors.

Apple's Repair Terms and Conditions for the U.S. state that, when servicing a customer's product, the company "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." However, plaintiffs in the lawsuit alleged that refurbished or "remanufactured" devices are not "equivalent to new in performance and reliability" and thus sought monetary damages from Apple.
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The class includes all U.S. residents who purchased an AppleCare Protection Plan or AppleCare+, either directly or through the iPhone Upgrade Program, on or after July 20, 2012, and received a refurbished replacement device.

Apple "vigorously denied" that refurbished devices are inferior, but it opted to settle with the plaintiffs given the time and costs that would be associated with a continued trial, according to the court documents.
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The case, Maldonado et al v. Apple, Inc et al, was first filed in July 2016 in the U.S. District Court for the Northern District of California.
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guest · Sep 3, 2022

Apple to begin paying out $95 million AppleCare class action settlement this month
By Chance Miller @ChanceHMiller - August 25, 2022

A long-running class-action lawsuit against Apple over its AppleCare replacement policies is finally coming to an end. The class action suit targeted Apple’s policy to provide refurbished devices as replacements through AppleCare. Final approval for the $95 million settlement was granted in April, and now eligible Apple users are being notified of their payments.

In the lawsuit, customers took issue with Apple’s policy to provide device replacements that were refurbished rather than new through AppleCare. Customers said that providing refurbished devices as replacements was a violation of AppleCare terms, which say customers should receive replacement devices that are “new or equivalent to new in performance and reliability.”
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Payments will be sent to anyone who purchased AppleCare or AppleCare+ for iPhone or iPad after July 20, 2012, and received a refurbished device as a replacement. Those people will automatically receive a payment and there is no claim form that needs to be submitted.

As such, those people are now receiving emails from the law firm in the case, Hagans Berman, informing them that their payments will soon be ready to collect.
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You can learn more about the case right here on the dedicated website.
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zapjb · Aug 26, 2022

Here let me give you a nickel. Pffft.

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Apple Agrees to Pay $95 Million to Settle Lawsuit - Refurbished Devices Aren't 'Equivalent to New'

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