Apple News – Apple to face trial over use of refurbished replacement devices

Apple is facing a trial over a class-action lawsuit that claims that using refurbished and remanufactured parts and devices to repair products like the iPhone is a breach of contract.

As noted by MacRumors, the case will call for trial in August. From the lawsuit’s webpage:

The terms and conditions for AppleCare Protection Plan and AppleCare+ provide that when a customer seeks service for a covered iPhone or iPad due to a hardware defect or accidental damage, Apple Inc. will either repair the device or replace it with a device that is 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. Defendants dispute that Plaintiffs were given anything other than the devices outlined under the AppleCare terms and conditions, and will present their defenses at trial.

The page notes that class members could be due a payout if the case is successful, but the deadline to ensure people don’t want to be included in the case is May 3. Eligible customers are anyone who has bought AppleCare+ for either iPhone or iPad, directly or through the iPhone upgrade program, on or after July 2012 and received a replacement iPhone or iPad. You can read all the information here.

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