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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
limited water exposure , completely ruined phone, lost invaluable content. please add to lawsuit
iPhone 12 Pro was basically splashed with a bit of water, and apparently ruined Face ID camera. Apple refused to even open it or look at it to fix the camera and instead charged me almost $600 for a replacement phone. This occurred in California.
Please add me
I have one of the iPhones advertised with the highest water resistance it briefly fell into river water but now my screen is irreparably damaged.. it’s less than a year old, add me please, I am in WA state. I purchase iPhones specifically because of their storage capacity and now alleged water resistance. It was less than 2 inches of water.. thank you
Wife has an iPhone 8plus that was briefly exposed to water from an outside spigot and now it won’t power on. Yes, IP67 rating is a marketing trick with little to no real world backing. Typical corporate BS.
Please add me to this lawsuit
Add me. I have an I phone 8 right now.
I have an iPhone 7 now. Add me
I went to the beach and drop my iPhone 12 Pro Max in one feet deep by accident and was water damage didn’t have phone for 7 days 😒
Please add me.