A group of Apple device buyers urged a Ninth Circuit panel to revive their proposed class action alleging Apple failed to disclose its products’ defective processors and used security patches that reduced the speed and value of their devices, arguing that they had sufficiently alleged a concrete economic injury, reports Law360 (a subscription is required to read the entire article).
In 2018, Apple was hit with a class action lawsuit claiming that it sold Mac desktops and laptops with a a defect that causes delayed processor speed, as well as screen debris and smudging. The lawsuit was filed in the U.S. District Court for the Northern District of California in San Jose, and states that Apple failed to install filters for the computers’ vents, leading to expensive repairs and irate customers who paid premium prices for Apple’s products.
“Apple is the most valuable company in the world today because consumers trust it to make reliable, quality products, yet it has failed to remedy one of the most simple and well-known problems in the technology community – the accumulation of dust,” said Steve Berman, managing partner and co-founder of Hagens Berman. “This filter defect is costing Apple owners hundreds of dollars in repairs, and Apple refuses to take responsibility. “We intend to hold Apple accountable for this costly defect affecting millions of its computers.”
The lawsuit seeks monetary compensation for Mac owners, including compensation for the premium prices paid for screens which did not perform as advertised by Apple, compensation for out-of-pocket repair costs to replace the motherboard and/or screen, and compensation for those who sold their affected computers at a loss due to the dark smudgy spots on their screens or sluggish performance.