iPhone X Pixel Class Action Says Apple Misrepresented the Count

A recent class action lawsuit in California federal court claims that Apple used false advertising to mislead customers about iPhone X pixel counts and resolution.

According to the iPhone X class action lawsuit, the screen size representations fail to account for the rounded corners and notches at the top of the screen of the iPhone X, iPhone XS, and iPhone XS Max. Apple allegedly included non-screen areas in their representations of the screen size which is misleading and not an accurate depiction of the phone’s attributes.

Additionally, Apple allegedly misleads about iPhone X pixel counts in their advertising by including “false pixels” in their representations. The class action claims that false pixels include pixels with two or fewer subpixels. “True” pixels include red, green, and blue subpixels, bringing the total to three subpixels and allowing for a wide range of colors.

Even if the pixels were true pixels, the suit claims, the representations would still be false because they rely on the false screen measurements.

“The pixel deception is rooted in the misrepresentation of the Products’ screens, which do not use true screen pixels,” the iPhone X pixel class action claims. “Defendant’s nominal screen pixel resolution counts misleadingly count false pixels as if they were true pixels. This is in contrast to every other iPhone — phones whose screens Defendant directly compares to the iPhone X screen in its effort to mislead consumers into believing that the iPhone X has more pixels (and better screen resolution) than it really does.”

Plaintiffs Christian Sponchiado and Courtney Davis claim that Apple’s misrepresentations about the iPhone X pixel count and screen size are made to deceive consumers. They argue that consumers rely on Apple’s information when purchasing phones and assume that the company is not deceiving them. Apple allegedly takes advantage of this by portraying their phones as far better than they actually are, making consumers more likely to purchase phones from their newer, more expensive iPhone X line.

“Defendant’s marketing of its Products falsely inflates their screens’ supposed pixel counts, resolutions, and sizes to make the Products seem more appealing to consumers. Defendant does so because screen resolution is an important factor to consumers when evaluating smartphones,” the iPhone X pixel class action lawsuit claims.

The plaintiffs argue that they and other consumers would not have purchased the iPhone X phones or paid as much for the phones had they known that Apple’s representations were false, meaning that they sustained injury from Apple’s alleged misrepresentations.

Sponchiado and Davis seek to represent a Class of consumers who purchased an iPhone X, iPhone XS, and iPhone X Max. The iPhone X pixel class action lawsuit seeks restitution, disgorgement, declaratory relief, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by C.K. Lee of Lee Litigation Group PLLC and David Makman of the Law Offices of David A. Makman.

The iPhone X Pixel Class Action Lawsuit is Sponchiado, et al. v. Apple Inc., Case No. 5:18-cv-07533-NC, in the U.S. District Court for the Northern District of California.

UPDATE: On Nov. 18, 2019, the iPhone X class action has been trimmed by a federal judge who tossed claims that Apple misrepresented its screen size.