Case name:
Apple iPhone Damage Caused by Liquid Contact – Quebec Class Action
Quebec Superior Court file #:
500-06-001328-240
What this case is about:
Apple advertises its iPhones as “water resistant” and “IP68 certified”. Some of the marketing used by Apple when launching its iPhones over the past few years – as reproduced below – leave no doubt that Apple represents that its iPhone can be submerged in water. In fact, Phil Schiller, Senior VP of Worldwide Marketing at Apple, stated the following: “IP68, that means it’s protected to two meters for up to 30 minutes. So if you happen to be hanging by the pool, drop your phone in the water, don’t worry. Dive down, grab it, rinse it, let it dry, you’ll be fine“. Apple also advertised its iPhones with the “oops resistant” caption, while showing pictures of the iPhones drenched in a variety of liquids (hot coffee, water, ice, juice and wine).
However, Apple’s warranty contains the following exclusion, which directly contradicts Apple’s marketing and the promise it made to the public that their iPhones will be fine with liquid contact:
“This Warranty does not apply:
…
(d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause;”
The Apple Store employees – after a simple visual inspection that shows the liquid indicator turned red – systematically refuse to repair or replace “water resistant” iPhones that came in contact with liquid. Apple unilaterally voids the warranty and forces Class Members to spend hundreds or even thousands of dollars to replace or repair their iPhones. In short, Apple’s iPhones are consistently damaged by liquid contact that Apple advertised and promised that they could withstand. As such, this class action seeks to have the clause in Apple’s warranty excluding liquid contact voided and to obtain damages for all Class Members who were forced to pay any amount to replace or repair their iPhone due to liquid contact (or water damage) that occurred in conditions that Apple advertised and promised the iPhones could withstand.
Proposed Class:
All natural and legal persons in Quebec who purchased, acquired, owned or leased an Apple iPhone advertised as water-resistant to a depth of 1 to 6 metres and for up to 30 minutes (iPhone 7 models and later).
Remedies sought for Class Members:
The purpose of this class action is to obtain:
a) a Court order declaring the “liquid contact” exclusion in Apple’s warranty null and void;
b) reimbursement for Class Members who paid for liquid/water contact related repairs (or replacements) that should have otherwise been performed (or replaced) by Apple free of charge; and
c) punitive damages of $500 per Class Member.
Status:
Pending authorization hearing.
