Apple’s Replacement Device Lawsuit webpage has been updated noting that “if you purchased AppleCare Protection Plan or AppleCare+ for an iPhone or iPad, either directly or through the iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement iPhone or iPad, you could be included in a class action lawsuit.
A lawsuit is pending in the United States District Court for the Northern District of California (the “Court”) against Apple Inc., AppleCare Service Company, Inc., and Apple CSC Inc. (collectively, “Defendants”). Plaintiffs’ claims arise out of two extended service plans offered by Apple Inc.: AppleCare+ and its predecessor AppleCare Protection Plan.
The terms and conditions for AppleCare Protection Plan and AppleCare+ provided that when a customer sought service for a covered iPhone or iPad due to a hardware defect or accidental damage, Apple Inc. would either repair the device or replace it with a device that was either “new or equivalent to new in performance and reliability.”
In October 2021 Apple reached an US$95 million settlement that, pending court approval, will resolve a class action lawsuit. The lawsuit accused the tech giant of violating the Magnuson–Moss Warranty Act and other U.S. laws by providing customers with refurbished replacement devices.
Apple denied any wrongdoing in this case, but the court ruled that class members may be entitled to an award of monetary damages.
