While Apple on Monday was busy showcasing its powerful new software titles at the McEnery Convention Center in San Jose, California, on the other side of the city, the company was also being slapped with a new class-action lawsuit.
Allegedly, Apple is “refusing to acknowledge” one of the most common complaints about Apple Watch, according to documents filed with the Northern California District Court for San Jose.
On June 4th, Colorado resident Kenneth Sciacca filed the six-count class action suit against Apple, saying, “The Watches all contain the same defect and/or flaw, which causes the screens on the Watches to crack, shatter, or detach from the body of the Watch.”
Documents related to the case which were uploaded to Scribd pointed out that the aforementioned defect and/or flaw has been shown to manifest “through no fault of the wearer,” in some instances, just “days or weeks after purchase.”
Essentially, Sciacca is seeking $5 million to be split amongst himself and “all current and former owners” of defective Apple Watch Series 0, 1, 2 or 3 models who purchased them in the United States.
“Plaintiff brings this class action on behalf of himself and all other similarly situated persons to obtain damages, restitution, as well as injunctive and other relief.”
The complaint states that Apple began selling the Apple Watch (Series 0) back in April, 2015, and that the company followed up with Watches (Series 1, 2 and 3) in the following years — but that all models contain the same “defect and/or flaw.”
Moreover, Apple not only knew about this critical flaw “at or before the time it began selling them to the public,” but once users began reaching out about what they were experiencing, the company denied the presence of a widespread issue with Apple Watch Series 0.
The complaint acknowledges that back in April 2017, Apple admitted certain Apple Watch Series 0 models may be affected by a “swollen battery defect” causing the wearable’s OLED display to crack, shatter, or otherwise detach itself from the device. In response, the company extended its usual 1-year limited warranty on those models by an additional 2-years.
But the problem persisted, Sciacca’s complaint reads, and back in April of this year Apple was forced to acknowledge similar swollen battery defects materializing in certain Apple Watch Series 2 models — for which the company, in response, began offering free battery replacements.
Yet again, shortly after launching its Watch Series 3 in September 2017, some early buyers began complaining to Apple about the same issues — cracked, shattered, and otherwise malfunctioning displays.
In summation, documents state that since 2015, Apple has sold millions of Apple Watch devices in the United States and “either knew, or should have known,” the wearable’s contained a defect.
“Nonetheless, Apple has actively concealed and failed to disclose the Defect to Plaintiff and Class members prior to, at, or after the time of purchase,” the complaint reads, adding that as a result of the defect and/or flaws, the costs associated with repair, replacement, or lost use of the Watches, “Plaintiff and Class members have suffered injury in fact, incurred damages, and have otherwise been harmed by Apple’s conduct.”
The company faces six individual counts (accusations) in this case, including “breech of express warranty,” violation of the Consumer Legal Remedies act CA, Civ. Code §§ 1750, “unlawful enrichment” and more.