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 has been granted final approval 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.”
One of the types of replacements customers can receive under AppleCare Protection Plan and AppleCare+ is a remanufactured iPhone or iPad. Plaintiffs allege that remanufactured devices are not “equivalent to new in performance and reliability” and assert claims against Defendants for breach of contract, alleged violations of the Magnusson-Moss Warranty Act and Song-Beverly Consumer Warranty Act, and alleged violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200.
On September 16, 2019, the Court certified a Class for purposes of litigating the merits of the case.
Plaintiffs reached a Settlement with Defendants, and the parties have memorialized that Settlement in a Settlement Agreement dated September 30, 2021.
Defendants deny any wrongdoing, and the Court did not decide whether Defendants did anything wrong. If the case had proceeded, Plaintiffs would have been required to prove their claims against Defendants at a trial.
Your legal rights may have been affected whether you acted or did not act. These rights and options—and the deadlines to have exercised them—are explained on this website. Please read this website carefully.