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Update:
- A California judge refused to dismiss a class action lawsuit alleging the Apple iPad Mini 6 has a serious defect that creates a visual disturbance known as “jelly scrolling” that has caused users sickness, nausea, vomiting and migraines.
- In an order filed March 2, U.S. District Judge Haywood S. Gilliam Jr. allowed Apple to dodge claims for equitable restitution and unjust enrichment but kept claims alleging fraud, fraudulent omission or concealment, fraudulent inducement and negligent misrepresentation.
- Plaintiff Christopher Bryan filed a class action complaint against Apple Inc. on Feb. 9 alleging the iPad Mini is defective as the display is prone to screen tearing.
- He says this can cause “one side of the screen to look as if it’s responding faster than the other side,” creating the visual disturbance known as “jelly scrolling.”
Apple iPad Mini 6 class action lawsuit overview:
- Who: An Apple iPad Mini 6 customer is suing the tech giant.
- Why: The customer says the product is defective due to a visual disturbance known as the “jelly scroll defect” that makes the product near-impossible to use.
- Where: The lawsuit was filed in California federal court.
(Feb. 14, 2023)
Apple’s iPad Mini 6 has a serious defect that creates a visual disturbance known as “jelly scrolling” and has caused users sickness, nausea, vomiting and migraines, a new class action lawsuit.
Plaintiff Christopher Bryan filed the class action complaint against Apple Inc. on Feb. 9 in a California federal court, alleging violations of state and federal consumer laws.
Bryan alleges that Apple markets and sells the iPad Mini 6 as a premium tablet with the “weighty price tag” of between $499 and $649.
However, he alleges that the iPad Mini is defective as the display is prone to screen tearing which can cause “one side of the screen to look as if it’s responding faster than the other side and creates a visual disturbance called “jelly scrolling.”
“Due to the Defect, the iPad Mini bends, warps, blurs and obscures text and images rendering the Device unusable,” the lawsuit alleges. “Worse yet, users have reported motion sickness, nausea, vomiting, and migraines when using the Device due to the Defect.”
Apple has acknowledged problem but continues to sell product, plaintiff says
Bryan says Apple has publicly acknowledged the problem but continued to sell the iPad Mini and refused to fix the problem or amend its marketing materials to reflect the existence of the alleged defect.
“Instead, Apple has insisted, against the weight of evidence, that the Defect is normal,” Bryan alleges. “Apple has refused to issue a recall or otherwise fix the issue.”
As a result, Bryan is suing on behalf of anyone in the United States who purchased an iPad Mini 6, plus a Colorado subclass.
He’s suing Apple for violation of California and Colorado consumer and business laws, as well as for fraud, fraudulent omission or concealment, fraudulent misrepresentation, negligent misrepresentation and unjust enrichment.
Bryan is seeking certification of the class action, damages, fees, costs, interest and a jury trial.
The case comes after Apple last year agreed to a $95 million settlement with customers who say the tech giant didn’t honor its AppleCare warranty when it replaced broken iPhones and iPads with inferior “remanufactured” units.
Did you have a problem with your iPad Mini 6? Let us know your experience in the comments!
The plaintiff is represented by L. Timothy Fisher and Joseph I. Marchese of Bursor & Fisher PA.
The Apple iPad 6 jelly scrolling class action lawsuit is Christopher Bryan, et al. v. Apple Inc., Case No. 5:22-cv-00845, in the U.S District Court Northern District of California.
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I know that I do hell I spent all that money to not be able to even use it
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