A jury trial involving iPhone 4’s, iPhone 4S’s and iPhone 5’s with alleged defective sleep/wake (power) buttons will start on Oct. 25, 2019.
The complaint alleges that Apple sold the aforementioned smartphone models with defective sleep/wake (power) buttons and failed to disclose (or insufficiently disclosed) this defect to purchasers in violation of various California state laws. This action seeks relief for alleged claims of breach of warranty and alleged violations of the California Consumers Legal Remedies Act, the California Unfair Competition Law, the California Song-Beverly Act and the Magnuson-Moss Warranty Act.
The complaint seeks damages in the form of recovery of the cost to repair the broken sleep/wake button or the diminished value of the iPhone due to the broken sleep/wake button, along with restitution, injunctive and declaratory relief.
Apple denies all of the allegations and denies it did anything improper or unlawful. The tech giant has asserted numerous affirmative defenses to the claims in this case.
If you think your iPhone is/was affected you should examine this announcement:
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 Oct. 10, 2011, for the iPhone 4, and from Oct. 11, 2011 through Sept. 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. Excluded are persons whose iPhone 4 or 4S was repaired or replaced by Apple due to a non-working sleep/wake button.
All 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. Excluded are persons whose iPhone 5 was repaired or replaced by Apple due to a non-working sleep/wake button.
