Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
511 thoughts onApple Falsely Marketed iPhone Water Resistance, Says Class Action
Add me
Please add me
add me
Please add me. Advertising is very deceptive.
Please add me
I have an iphone 11 Pro Max and recently dropped my phone by accident in 6 inches of ocean water, I grabbed it as fast as I could and wiped it down. My phone sound malfunctioned as well as my i, j, k, n, m keys would not work…I had to use voice text but even that kept messing up. I had to pay $250 to get a refurbished phone replacement! Phone was NOT water resistant!! Add me to the class action suit….I’m from Michigan.
I have no less than 8 iPhones which all claim to be water resistant. In fact they actually claimed it on a television commercial dubbed the Dive add and complete with the Dive song playing over and over through its speakers while they douse the iPhone 7 with water. I would say that in itself is false advertising. To lead you to believe one thing and have it not be true is so frustrating I can’t even put it into words. Apple has a history of deception to their loyal patrons and with every upgrade the price continues to grow by not mere measures but by leaps and bounds. And with every upgrade there is an absolute truth, Apple will not admit wrongdoing and with every upgrade there is an unexpected flaw Apple hides which they’ve known about before production. Please add me. It’s time the deception stops.
Add me. Apple told me water resistant and waterproof are 2 different things.
Yes, i have replaced my iphone 7plus and 8plus couple times, and its only due to the sprinkling rain from point A to B, not big of trend of course,l. Even like a smart phone thats is been advertised as water proof this means sumerges i would assume and what happened to me was small amount of rain cause the sound to fade totally and having to get another device.
Thank you
I have 7 apple phone. I do agree that apple do false advertising for water damage. I would like to be in the law suit. Thanks