A class action suit filed against Apple in 2013 regarding broken iPhone 4, iPhone 4s, and iPhone 5 is set to proceed to jury trial in San Diego state court.
The trial is set to begin on October 25th.
The lawsuit alleges that Apple knowingly sold the aforementioned iPhone models with “defective” power buttons and refused to properly remedy the issue. For this, Apple is accused of “deceptive” or “fraudulent” business practices, breach of warranty, and violating multiple California consumer laws.
The proposed class includes California residents who purchased an iPhone 4, iPhone 4s, or iPhone 5 from Apple or a third-party retailer, and is described via the following complaint:
iPhone 4 and 4S Class:
All California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase.
iPhone 5 Class:
All California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase.
Apple initiated a free repair program in April 2014, offering free repairs of a “small percentage” of iPhone 5 units with power buttons that may “stop working or work intermittently.” The suit alleges that the program went “unnoticed” and was initiated “ten months after the initial complaint in this matter.”
The lawsuit seeks damages in an amount to be decided upon and proven at trial, as well as restitution, injunctive, and declaratory relief. Apple has denied all of the allegations in this complain, and has denied improper or unlawful action.
As with any class action lawsuit, proposed members can do nothing to remain part of the class, or opt out to retain the right to sue Apple individually.
Stay tuned for additional details as they become available.
Via MacRumors