Another day, another lawsuit. A Quebec law firm is seeking authorization for a class action lawsuit against Apple for anyone in the province whose iPhone has been damaged by water, reports Montreal CTV News.
LPC Avocats argue that Apple advertises its iPhones as “water resistant,” but that Apple Store employees “systematically refuse to repair or replace” the devices that came into contact with liquid based on a warranty exclusion for damage caused by getting it wet.
“In short, Apple’s iPhones are consistently damaged by liquid contact that Apple advertised and promised that they could withstand,” the law firm says. “As such, this class action seeks to have the clause in Apple’s warranty excluding liquid contact voided and to obtain damages for all Class Members who were forced to pay any amount to replace or repair their iPhone due to liquid contact (or water damage) that occurred in conditions that Apple advertised and promised the iPhones could withstand.”
CTV News notes that this isn’t the first time Zukran has targeted Apple with a class-action lawsuit for violating Quebec’s Consumer Protection Act. In 2018, Zukran, along with another lawyer, argued that Apple failed to warn consumers of Quebec’s legal warranty in the act and the fact that it requires manufacturers to guarantee their products, in this case, the phone’s battery, for a reasonable amount of time.
The ruling went against Apple, and the Quebec Court of Appeal upheld the decision in 2021.
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