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On Wednesday, a California federal judge dismissed a class action lawsuit filed over Apple Inc.’s “clearly defective” Maps application.
The Maps application has been a feature of the iPhone operating system since iPhones were first released in 2007. However, the app was powered by Google Maps until Sept. 19, 2012, when Apple released a new version of the Maps app designed to compete with Google’s navigational app. According to the Apple Maps class action lawsuit, the new version of the app mislabeled streets, addresses and landmarks, directing consumers to inaccurate locations.
“Apple Maps was named one of the Top 10 technology ‘fails’ of 2012 by CNN in December 2012,” the Apple class action lawsuit said. Apple responded to criticism of the Maps app with a statement indicating the company was “continuously improving” upon the app and recommended iPhone users download alternative mapping apps.
The Apple Maps class action lawsuit asserted claims of unfair competition, false advertising, breach of express and implied warranty, violation of the Magnuson-Moss Warranty Act, negligent misrepresentation, and violations of the Consumer Legal Remedies Act.
By filing the Apple Maps lawsuit, the plaintiff sought to represent a Class of consumers who purchased in the United States an Apple device that uses iOS 6.0, 6.1.3, 7.0 or 7.0.3.
In March, Apple filed a motion to dismiss the class action lawsuit, arguing that plaintiff Nancy Minkler failed to state a claim on any of the allegations. The company argued that her dissatisfaction was an insufficient basis for the class action lawsuit because it had never asserted the Maps app would work flawlessly.
U.S. District Judge Edward J. Davila agreed with Apple and granted its motion to dismiss the Maps class action lawsuit. He found that Minkler failed to state her fraud claims with particularity and therefore failed to meet the pleading standards necessary to bring her claims.
“Here, while plaintiff specifies the date, speaker, and statement, plaintiff has failed to identify any specific statement by Apple that expressly indicates that Apple Maps would always work flawlessly and without error,” Judge Davila wrote in his order dismissing the Apple class action lawsuit.
“In addition, plaintiff has not identified with particularity the actual defect she experienced,” the judge continued. “Instead, plaintiff only alleges that Apple Maps led her to incorrect locations.” However, he granted Minkler leave to amend the Apple Maps class action lawsuit.
The plaintiffs are represented by Gregory D. Wolflick of Wolflick & Simpson and Donald W. Steward and J. Paul Lynn of Stewart & Stewart PC.
The Apple Maps Class Action Lawsuit is Nancy Romine Minkler v. Apple Inc., Case No. 5:13-cv-05332, in the U.S. District Court for the Northern District of California, San Jose Division.
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