Apple is being hit with a new class-action lawsuit concerning multiple iPhones that are now several years old.
The lawsuit, which was filed in a San Diego County Superior Court, alleges that Apple knowingly sold various iPhone models with defective sleep/wake buttons and failed to disclose the problem with those buttons.
The class action, which began notifying people this week, says the faulty power buttons impacted iPhone 4, 4s and 5 models.
Who Is Eligible?
The suit, Shamrell, et al. v. Apple Inc., only applies to California citizens who purchased older iPhone devices between 2010 and 2016. More specifically:
- Anyone who bought an iPhone 4 between June 24, 2010 and Oct. 10, 2011.
- Anyone who bought an iPhone 4s between Oct. 11, 2011 and Sept. 20, 2012.
- Anyone who bought an iPhone 5 between April 1, 2013 and March 31, 2016.
On the other hand, the complaint notes that users who had an iPhone 4, 4s or 5 repaired or replaced by Apple due to sleep/wake button problems cannot participate in the class action.
iPhone owners who are a member of either or both classes in the lawsuit have a couple of options at this point. They can do nothing and remain a part of the class, or they can specifically opt out of the lawsuit by downloading and sending off a form from powerbuttonclassaction.com
A Widespread Problem?
To be clear, this is the first time that we’ve heard about sleep/wake problems concerning the aforementioned iPhones. Although the devices cited in the lawsuit are a few years old, there does not appear to be any media coverage suggesting widespread issues with those devices.
Apple, for its part, has reportedly denied the allegations of the lawsuit or that it did anything improper or unlawful.
The lawsuit is seeking damages to cover the cost of any sleep/wake button repairs and to recoup the “diminished values” of the iPhones themselves due to those problems.
Anthony Shamrell and Daryl Rysdyk have been named as the court-appointed representatives for the iPhone 4 and 4s and iPhone 5 classes, respectively. Law firms Doyle Lowther, LLP and Gomez Trial Attorneys have been appointed as counsel for the classes.
A trial date is currently set for Oct. 25. Anyone included in the class action will be notified once a decision, either way, is made.