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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
My iPhone XS briefly had a droplet of water splash on it and completely rendered the phone useless. I either have to pay an unknown 3rd party to try do not, or recycle it. The data is unreadable but still on the device, and Apple will not fix it. There is still an analyze attached to trade in a functioning model for this handset type.
Please add me
12 Pro, was in my swim trucks pocket as I entered a hot tub. Submerged about 3″ for less than 1 second before I realized and removed it from my pocket. Face ID and Screen were damaged. Apple forced me to either upgrade or pay $600 for a replacement. Marketing Material claims phone can withstand 6m of water for 30 mins. Flat out false! Please add me to this law suit.
they are false advertising my phone got a little raindrop on the screen now the whole screen went black they deserve to get sued lying to people trying to keep up with samsung
My iPhone 11 was set down and my counter that was wet for less than 30 seconds. I have sever water damage and I can barely see the screen anymore.
I had I phone 11. It got damaged
I had an iPhone 11 and it was disabled because juice spilled on it. I could not see the screeen anymore it was blacked out
There is no doubt in my mind that Apple deceived the public about the ability of certain models of its iPhones being water resistant. Too many people have experienced this problem and I believe lawsuit discovery would reveal that Apple hid these facts from the public for profitability.
Yes, 100 % I have the iPhone 11 and it is supposed to withstand being underwater at so many meters for x amount of time. My phone sitting on side of jacuzzi got splashed with water and failed had to pay over 100 to replace. I don’t think that’s right if they say it can be underwater than why can’t it with stand some water splashing on it.
My iPhone SE 1st Generation has been told that it got some sort of moisture has gotten inside the camera on the back, so it no longer take photo from the camera. I have never dropped the phone with a water exposure or even spill anything on it, so it’s not clear how it got moisture damage. Couldn’t use it as is due to the damage, so ended up upgrading to a new phone. If there’s claim to be made, I’d like to be participated in a claim. Still has the old phone and original receipt and all.
My iphone 11 Pro Max was also damaged and cannot be fixed. It was exposed to shallow water for less than 1 minute.