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Apple Is Getting Sued Over AppleCare+

Image: Apple
Image: Apple

Oops. Looks like Apple is facing another class action lawsuit.

The suit revolves around a clause in the AppleCare contract that says that replacement device you receive when you break your device will be “equivalent to new in performance and reliability.” The case rests on what the definition of “equivalent to new in performance and reliability,” and whether refurbished devices fall into that category.

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The plaintiff, Vicky Maldonado, received refurbished devices twice under two different AppleCare Plus plans. She claims that when she brought her broken fourth generation refurbished iPad to the Genius Bar, Apple replaced it with another refurbished iPad. She alleges that the replacement device was not “new or equivalent to new in performance and reliability” although court documents don’t say exactly what was wrong with the iPad she received.

AppleInsider talked to someone who works at the Genius Bar who told them that when they swap out your iPhone on the spot, Apple does generally give you a device that is “refurbished, and functionally equivalent to new.”

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TBH, this suit sounds incredibly petty and I love it. I like getting new things better than old things too.

AppleCare Class Action by Mikey Campbell on Scribd

And remember, this obviously isn’t Apple’s first time at the class action rodeo. In February, a suit was filed against Apple for an Error 53 Touch ID glitch that bricked your phone.

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[Apple Insider]

Eve Peyser was the night editor at Gizmodo.

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DISCUSSION

I’m curious if it’s a battery issue? If you purchase a refurbished iphone, can the battery be slightly used and still be considered “equivalent to new in performance and reliability”. I wouldn’t mind buying refurbs if I knew the battery and other parts that will fail sooner or later no matter how much you take care of it.