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Plaintiffs in a class action lawsuit against Costco are fighting back against the wholesale giant in a false advertising lawsuit involving Apple’s 2nd Generation AirPods.
Plaintiff Jason Thomas says that Costco advertised Apple AirPods on its website in a way that inaccurately, deceptively, confusingly, and misleadingly suggests that the product sold is the version of Apple’s 2nd Generation AirPods that comes with a wireless charging case rather than one that comes with an old standard charging connector.
The opposition to Costco’s motion to dismiss says that whether a particular representation is likely to mislead a reasonable consumer is a question of fact and not appropriate for a motion to dismiss.
In addition, Costco points out that the court may take judicial notice of publicly available websites where the product advertising is displayed. The plaintiffs agree, by stating that there are more than 10,000 customer reviews of the Apple AirPods, in which countless customers have addressed their confusion by being misled by the listing in exactly the same manner as in the present Costco class action lawsuit.
“It is beyond dispute that countless ‘reasonable consumers’ were in fact confused, misled, and deceived by Costco’s product listings in exactly the same manner as the Plaintiff,” the plaintiff opposition to the motion to dismiss states.
Thomas points to a sampling of around 600 of the 10,000 customer reviews on Costco’s website which shows that numerous complaints were made during the relevant time period by customers who reasonably believed that they were purchasing the Apple AirPods bundle which would include a wireless charging case.
The original Costco class action lawsuit was filed in mid-April 2020 by Thomas who claims that Costco advertised a misleading promotion on their website without including a charging case, which should have come with the 2nd Generation Apple AirPods product.
Thomas states that he purchased the product from Costco in March 2020 and was led to believe that he was buying the latest version of Apple’s 2nd Generation AirPods, which would come with a wireless charger. He claims that Costco omitted the fact that, while the AirPods were 2nd Generation, they could only be charged with a wired Apple lightning cable.
The plaintiff maintains that, as a result of the false advertisements, he and potential Class Members have purchased hundreds of units of the product and have suffered injury in fact through the loss of money and property. He states that Costco was under a duty to the plaintiff to disclose that the AirPods were not complete and actually 2nd Generation Apple AirPods with wireless charging.
Thomas complains that, if he had known that he was not receiving the latest model of Apple AirPods with wireless charging, he would not have purchased the product.
The Costco class action lawsuit claims the company violated the California Consumer Legal Remedies Act, False Advertising Law, Unfair Competition Law, and negligent representation.
Costco filed a motion to dismiss the AirPods class action lawsuit in May 2020, denying the claim that the company made false or misleading statements in the advertising of the 2nd Generation Apple AirPods.
The Costco’s motion to dismiss states that Apple manufactures two versions of its wireless AirPods: one with a wireless charging case and one with a standard charging case that requires a cord.
Costco explained that they offered only the standard version of the 2nd Generation Apple AirPods, much in the same manner as Apple does on their own website.
Costco argues in its motion to dismiss that they cannot be held liable simply because it didn’t state that the 2nd Generation Apple AirPods were not wireless.
In their opposition to the motion to dismiss, the plaintiffs say, “It is well established that consumers are not required to conduct independent research about a product in order to qualify as ‘reasonable consumers,’ but are entitled to rely on the seller’s representations.”
In addition, Thomas maintains that he has a viable cause of action because he was deceived into purchasing a product that was not what he reasonably expected through the Costco’s misleading advertising. Also, the plaintiff says that he clearly states facts to support a finding that Costco’s conduct was, at the very least, unethical and unscrupulous.
“Costco relies primarily on its own repetitive conclusions to support its erroneous argument that its listing could be deemed neither false nor misleading as a matter of law,” the Costco class action dismissal defense goes on to state.
Did you purchase 2nd Generation Apple AirPods from Costco? Leave a message in the comments section below.
The plaintiff is represented by Ramin Rezaie Hariri of Hariri Law Group and Daryoosh Khashayar of Khashayar Law Group.
The Costco Apple AirPods Class Action Lawsuit is Thomas v. Costco Wholesale Corp., Case No. 3:20-cv-00718, in the U.S. District Court for the Southern District of California.
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14 thoughts onApple AirPods Buyers Fight Costco Dismissal Bid
iPods only work for 2week add me
PLEASE ADD ME TO THIS THANKS
Yes, indeed, COSTCO misled its customers, as well as misrepresenting what it was selling to them; I was misled and COSTCO did indeed, misrepresent the product it was selling to unsuspecting and trusting customers such as myself.
Add me please