This action is brought by Plaintiffs, individually and on behalf of a class of similarly situated owners of Apple’s iPhone 6 and iPhone 6 Plus (together, the “iPhones”). This action arises from Apple’s concealment of a material design defect that causes the touchscreens on the iPhones to become unresponsive and fail for their essential purpose as smartphones (the “Touchscreen Defect”).
As alleged, Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests.
Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.
As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.
Had Plaintiffs and other Class members known about the Touchscreen Defect at the time of purchase, they would not have bought the iPhones, or would have paid substantially less for them.
As a result of the Touchscreen Defect and the monetary costs associated with attempting to repair such defect, Plaintiffs and the Class members have suffered injury in fact, incurred damages, and have otherwise been harmed by Apple’s conduct