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apple watch with activity app openA California federal judge presiding over a proposed Apple Watch class action lawsuit alleging screens have a high likelihood of cracking and shattering, has decided to throw the suit out.

U.S. District Judge Lucy Koh says the plaintiff failed to show an actual defect or explanation behind the cracking.

“Plaintiff’s description of the alleged defect identifies only the consequences of the alleged defect (i.e., cracking, shattering, or detaching), but is notably silent on identifying the defect that causes such consequences,” Judge Koh stated.

Plaintiff Kenneth Sciacca accused the tech giant of knowingly selling millions of Apple Watches with defective and failing screens.

However, Judge Koh found that the plaintiff only gave vague details about the alleged defect and more information would be necessary for the case to continue.

The Apple class action lawsuit alleged that every smartwatch made by the company since 2015 contained a face-cracking defect.

The devices only come with limited warranties, and that warranty has only been extended by the company in cases of a swollen battery.

According to the lead plaintiff in the Apple Watch class action lawsuit, consumers reported their issues with the cracking face to the defendant but did not receive a satisfactory response.

Apple allegedly told buyers that these were cases of “non-warrantable damage” and refused to cover the repairs at all.

The Apple Watch class action lawsuit argues that the fact that Apple promotes the devices as activity-friendly means that the watches should be durable.

According to the Apple class action lawsuit, no consumer investing money into an Apple Watch would expect that their device would crack so easily.

The original Apple Watch class action lawsuit sought to represent two different Classes; a nationwide group of those who have bought an Apple Watch since the debut of the device and a Colorado Class.

The August motion to dismiss filed by Apple stated that the lead plaintiff’s watch face cracked and was reported to the company 90 days after the express warranty expired on the device.

The federal judge in the Apple Watch class action lawsuit agreed with Apple, finding that the company had disclaimed any implied warranties.

In addition to finding that the Apple class action lawsuit did not provide details about the defect itself, the federal judge also agreed with Apple that no evidence indicated that promotional materials on the company’s site had made the promises of durability raised by the lawsuit.

“Nowhere in Plaintiff’s amended complaint does he allege that Apple represented the Watches to be ‘objectively durable.’ The only representations made by Apple pertained to, for instance, the waterproof nature of the Watch or the fact that it had a bright display,” the judge stated in her motion to dismiss the Apple Watch class action lawsuit.

Judge Koh gave the plaintiff 30 days to amend the Apple class action lawsuit.

The plaintiff is represented by Kolin C. Tang and James C. Shah of Shepherd Finkelman Miller & Shah LLP and John F. Edgar and Brendan C. McNeal of Edgar Law Firm LLC.

The Apple Watch Cracking Screen Defect Class Action Lawsuit is Kenneth Sciacca v. Apple Inc., Case No. 5:18-cv-03312, in the U.S. District Court for the Northern District of California.

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43 thoughts onApple Watch Class Action Lawsuit Tossed For Being Too Vague

  1. Ruth says:

    I’m very unhappy with Apple. I have had 2 SE watches. The first was ruined swimming. I thought that the swimming app meant it could be worn swimming. How stupid to think that. The second I bought 3 months ago and screen is cracked and getting worse. No other watch or phone I’ve ever had has cracked. Apple store won’t fix it in house and I was told it will cost $219 to fix. I doubt I will ever buy another.

  2. Pete Avila says:

    Add me.. Not only did my screen crack on my series 3 but the battery dreams within 12 hours and not even being in use

    1. Tacora Washington says:

      Add me too!! They want me to pay $299 to replace something I didn’t break. The screen on my series 3 just popped off all of a sudden.

  3. Jennifer A says:

    Add me

  4. Tere says:

    My iwatch series got crack when I’m washing my hands just a slight touch in the faucet and was crack in the corner and the end of the day the screen continue to crack all day , it’s only 7 months old?just a very tiny crack & it will be all crack?

  5. IJW says:

    The screen of my iwatch 2 cracked while out having dinner with family (so not exactly high intensity workout) and I only noticed as the split edges of the screen cut my other forearm. I got scar that clearly will not disappear and will be a permanent one. Apple sent me replacement iwatch3 despite 4 series being available, of which I am refusing to open until whole case is satisfactory resolved. They did analysis of my old watch and Apparently there has been an impact that caused the issue. That’s their way put the fault on the user and get out of the responsibilities. It’s shocking. They charge £390 for watch that cracks at impact so small the user doesn’t realise it happened and I am now going to have permanent scan as a reminder of this whole upsetting thing.

    1. IJW says:

      Update: I was told my permanent scar is worth 100 Euros Apple store vouchers. When I challenged that and wanted to speak to their legal team, I was told my call wont be transferred to them unless I have solicitor. They basically intimidated me into submission. I wonder how much they save on legal fees just simply doing this. They know most people cannot afford solicitor and they go away. Apple only cares for their customers up to the point when they pay for their products. After that they don’t care. Truly shocking and disappointing behaviour. I thought they were better than that!!

  6. Kao Fin Saephan says:

    I have the same problem with my wife Apple watch series 1. The screen pop off, I went to Apple store and they told me I have to pay $79 to repair it. Apple CEO said that they have royal customers for Apple products. I’m so mad as a customer where I get ripped off on a product that I pay $400 last me over 3yrs and it self-destruct. If that is not scam by company and what is? As a consumer don’t we all have right to where a company cannot take advantage their customers? Apple knew that after 3 yrs the watch screen would starting popping off, so they agreed to extended to 3 yrs warranty to save on litigation cost. Like I told the worker at the store. Why didn’t all the apple customers receive some of warning on their products instead they have to find out themselves, when shity product self-destruct. This US district court Judge Lucy Koh might have some shares in Apple company so she through the case out against Apple company. As an investor of Apple I love it because my return on Apple investment was far from the cost of my watch, but as customer I am furious of what they do to their royal customers.

  7. Scott Morrow says:

    I am yet ANOTHER Apple Watch owner with a swollen battery and destroyed watch face. I spent SIGNIFICANT money on this watch 3 years ago. I was NOT informed by Apple that I should expect only 2-3 years of use use before the watch would self-destruct. Had I been made aware of Apple’s obviously well-documented design flaw, I would NOT have purchased from Apple. I am furious at being forced to PAY for Apple’s flaw. Planned obsolescence be damned! Thieving bastards!

  8. Paul Stoller says:

    I just sent my Apple Watch in with the same screen cracking issue, I went in to the Genius Bar and advised the screen looked like it had been cracked by a swelling battery. The there was a hairline crack along the perimeter of the top half of the screen with the crack appearing to start at the midpoint of each side of the screen.

    They advised they were sending it in to be evaluated, if they determine the battery caused the issue I was told it should be covered. I should find out by next week.

    If they do not replace the watch for free I want to be added to the class action.

    1. Paul Stoller says:

      Apple denied my watch repair, I would like to be part of this action if it is revived.

  9. Atif says:

    I have Apple Watch the binary battery swelling lifted up and damage my LCD with sweat

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