HomeAMERICASCANADACLASS ACTION LAWSUIT TAKES AIM AT IPHONE WATER-RESISTANCE CLAIMS

CLASS ACTION LAWSUIT TAKES AIM AT IPHONE WATER-RESISTANCE CLAIMS

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A student from Montreal has initiated a class action lawsuit against Apple, challenging the company’s assertions regarding the water resistance of its devices. The lawsuit claims that her iPhone malfunctioned despite Apple’s guarantees of its water-resistant capabilities.

The plaintiff, whose name has been withheld in the legal documents, submitted the class action complaint against Apple Canada and Apple Inc. on 26 August 2024, in a superior court in Quebec, citing breaches of Canadian consumer protection laws.

The class action lawsuit against Apple asserts that the company has falsely claimed that iPhones from the iPhone 7 model onward are capable of withstanding water exposure up to six meters for 30 minutes. Despite these representations, numerous users have reported experiencing water damage following minimal contact with liquids, leading to Apple voiding their warranties, according to the lawsuit.

The student, who purchased an iPhone 15, contends that her device suffered irreversible damage due to minor splashes while she was on vacation in Cancun, Mexico. Although Apple promotes its iPhones as “remarkably resilient” and “oops resistant,” the student reports that her phone malfunctioned after only a few drops of water. When she attempted to obtain repairs under her warranty, Apple denied her request, stating that the liquid damage was accidental and therefore not covered.

Apple’s marketing heavily emphasizes the water resistance of its iPhones, often showcasing striking imagery of devices immersed in water during its annual presentations. Nevertheless, the company’s fine print and warranty terms explicitly exclude coverage for any damage resulting from liquid exposure, resulting in significant frustration among customers.

According to Quebec’s Consumer Protection Act and the Civil Code of Quebec, businesses are required to uphold their advertising promises. The lawsuit contends that Apple’s inconsistent communications breach Quebec law, which stipulates that any discrepancies in contracts must be interpreted in favor of the consumer.

The student claims that Apple’s warranty exclusions are unfair and contradict the company’s public commitments. Consequently, the student aims to represent other consumers in Quebec who have experienced similar issues with Apple. She is seeking 500 Canadian dollars in damages for each class member, along with an injunction to compel Apple to cease its allegedly deceptive marketing practices.

The Apple water-resistant lawsuit is Unknown Applicant v. Apple Canada Inc. et al., Case No.  500-06-001328-240 in the District of Montreal Superior Court.

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