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Update:
- U.S. District Judge Denise Cote threw out the proposed class action Feb. 2, 2022, ruling that the consumers haven’t alleged that their iPhones were damaged by liquid contact that Apple’s advertisements suggested the phones could withstand.
- The plaintiffs also failed to identify any warranty Apple made that its products could resist water damage, Judge Cote said.
- In addition, Judge Cote tossed the consumers’ fraud claims, holding that the complaint merely alleges generally that the plaintiffs relied on Apple’s marketing statements about the iPhone’s water resistance.
Apple was hit with a class action on April 24, 2021, claiming that the tech giant falsely advertised the water-resistance of iPhone models.
Lead plaintiff, Antoinette Smith, alleges that she and other New York consumers who purchased pricey models of the iPhone were duped into thinking they would be water-resistant. In her class action lawsuit filed in New York federal court, Smith says that Apple bases its water-resistance claims on highly controlled lab conditions and, in reality, the phones are much less water-resistant than advertised.
Smith claims that she purchased an iPhone 8, noting that it was advertised as water-resistant. Smith says that her iPhone came into limited contact with water.
Smith alleges that she believed her iPhone should have been resistant to the water damage based on Apple’s advertising, but her device was damaged. When she made her claim, she says Apple denied her coverage claim based on the water damage, forcing her to pay for repairs, a lower resale value, or the purchase of a new device.
Smith says she is not the only consumer deceived by Apple’s false marketing. The class action alleges that in the US alone about 100,000 smartphones are damaged by liquids each day. Water damage can add up to significant costs to each user who has to repair or replace the device. In addition, damage to the environment adds up when iPhones are tossed out, notes the complaint.
The complaint explains that standards have been set up to measure the water-resistance of iPhones and other devices, called IP standards. Smith says that Apple jumped on board with the iPhone 7, marketing it and subsequent models’ IP levels.
Apple’s marketing does not line up with reality, claims the class action lawsuit. Allegedly, Apple includes fine print disclaimers about its water-resistant marketing claims in the iPhones’ user manuals. The lawsuit says that, using this fine print, Apple voids claims for water damage caused by salt or pool water, as well as exposure to beverages, such as soda, coffee, or tea that a user may splash on the device during regular use.
The class action lawsuit alleges that Smith and other consumers would not have purchased or paid as much for the iPhone had they known it was not as water-resistant as advertised.
Smith is seeking to represent other New York consumers who purchased iPhone models that were advertised as water-resistant. The class action accuses Apple of fraud, negligence, unjust enrichment, and violating New York consumer protection laws.
Do you think Apple falsely advertised iPhone water resistance? Have you suffered water damage to your smartphone? Tell us in the comment section below!
The lead plaintiff is represented by Spencer Sheehan of Sheehan & Associates.
The iPhone Water Resistance Class Action Lawsuit is Smith v. Apple, Inc., Case No. 1:21-cv-03657 in the U.S. District Court for the Southern District of New York.
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511 thoughts onApple Falsely Marketed iPhone Water Resistance, Says Class Action
I was also mislead by apple advertisement. I would never have had my phone near water if they had not stated that their phones are water resistant for 30 mins or 9ft. Why not remove this false information so consumers are not lulled into a false sense of security to bring the iphone around water. Is is possible that Apple advertises water resistance iphones as another means to make money from unknowing consumers? Once the iphone is ruined the consumers has to buy another one because apple will not replace it. There should be a consumer law to protect the consumer. Is it ok for Apple to state this when the iphone cannot be trusted to go into the water. My 8 month old iphone with an apple case was submerged in less than 3 ft of water for no more than a few mins and died. I went to the Apple store on August 20, 2023 at approximately 2 p.m. and waited 2.5 hrs to be told there is nothing than can do I must pay to get a new phone even though it is still under warranty. They gave me the customer service number to call, that same day at approximately 5 p.m. I called customer service, I was then told the same thing by a manager that there is nothing they can do. This is wrong. This is false advertisement for sure and possibly a money making scheme by apple. Once again if they had not advertised it was water resistant I would have never felt safe to take near water and this would have never happened.
Apple had a tv advert that said you could use it in the pool, even if you dropped it in a drink it would be fine.
This prompted me not to take my phone out my pocket when I got in a pool. And yes it ruined my camera.
Surely this is false advertising claims
I have an iPhone 14 pro that apple claims to be water resistant and/or waterproof I went to Wisconsin Dells over the weekend and my phone came in contact with water the screen has went completely black and the phone is useless it has costed $1100 for a new iPhone 14 pro please add me to the lawsuit