Most of the claims in an Apple iPhone audio defect class action lawsuit have been dismissed by a California judge, who found that plaintiffs failed to support their claims.
Of the 15 claims brought by plaintiff Lisa Tabak and others, U.S. District Judge Jon S. Tigar dismissed 12.
Judge Tigar preserved claims of breach of implied warranty, violation of the Magnuson-Moss Warranty Act and unjust enrichment.
The judge dismissed 10 of Tabak’s claims under consumer protection laws, common law fraud and negligent misrepresentation.
According to the judge, the plaintiffs failed to show which statements by Apple were misleading. Instead, the plaintiffs reportedly allege that “Apple has advertised” their iPhones in a misleading way without specifying the misleading statements.
“Plaintiffs’ allegations, even when read in the light most favorable to Plaintiffs, lack factual matter that specifically identifies the who, what, when, where, and how of Apple’s alleged fraudulent misrepresentations and omissions as they relate to the named plaintiffs and the defect at issue,” Judge Tigar wrote.
The judge also took issue with the plaintiffs’ breach of express warranty claims. He determined that four of the named plaintiffs only claimed they experienced the alleged audio defect outside of the one-year warranty period. Two other plaintiffs reportedly failed to allege any sort of denied coverage. The final plaintiff supposedly received a replacement after reporting the defect.
Based on these experiences, Judge Tigar determined the plaintiffs do not have standing to bring their breach of express warranty claims.
Apple disputed plaintiff claims of breach of implied warranty. However, the judge determined these claims could move forward, along with claims of unjust enrichment and violation of the Magnuson-Moss Warranty Act.
Although Judge Tigar dismissed the majority of the claims brought in the Apple iPhone class action lawsuit, he gave leave to amend the allegations and try again.
The Apple iPhone class action alleges that the tech giant sells smartphones without disclosing a significant audio defect. According to the plaintiffs, the audio defect results in poor sounds, disrupted phone calls and other problems in iPhone 7 and iPhone 7 Plus devices.
The plaintiffs claim that Apple knew or should have known about the audio defect affecting their smartphones but failed to fix the issue or disclose the problem to consumers. This allegedly resulted in financial injury because the plaintiffs and other consumers did not get what they paid for.
Did you experience the alleged audio defect with your Apple iPhone? Share your experiences in the comment section below.
Plaintiffs and the proposed Class are represented by Gregory F. Coleman, Adam A. Edwards, Lisa A. White and Jeffrey H. Glaspie of Greg Coleman Law PC; Hassan A. Zavareei, Annick Persinger and Andrea R. Gold of Tycko & Zavareei LLP; Nick Suciu III of Barbat Mansour & Suciu PLLC; and Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC.
The Apple iPhone Class Action Lawsuit is Tabak, et al. v. Apple Inc., Case No. 4:19-cv-02455, in the U.S. District Court for the Northern District of California.
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42 thoughts oniPhone Audio Defect Class Action Trimmed
Same issue with iPhone 7 And Even more so with iPhone 10!! I have 3 phones on my plan that you can only hear if you put it on speaker!! And my cell provider knows — hard to even sell the phone second hand when buying a new one. Irritating that it’s we’ll known and no compensation or corrections are even attempted.
having the same issue. Should refile the case.
I am having this same issue! Tried to get it fixed locally and they told me that it was in the middle of a lawsuit. Well that doesn’t help me any. I need my phone to work without Bluetooth. I use my phone for business, but they aren’t going to pay for repairs and I shouldn’t have to either. I’ve only had this phone for a little over a year!!
Mine just started doing this. I texted with Apple support and they had me run a diagnostic. They told me it was the battery. Now I know they knew full well what the problem was because it is exactly what is happening. Greyed out speaker, no siri, no voice memo. Ugh, I love Apple but this makes me so mad!!!! How do I join the lawsuit?
Audio slowly deteriorated, to the pony if I wanted to speak to someone I had to hook up to my Bluetooth.
My iPhone 7 Plus had to be sent away, all in all costing close to $200 and been without a phone for over a month.
3 months later, it seems my audio is going to sh*t again.
Grey out speaker – plays music and has some sound but cannot hear phone call nor can they here me
I’m going through a 3rd replacement with Asurion through an iPhone 7+ I paid off a few years ago in full. I’ve had to pay once to replace, was replaced for free a second time, and now this third time I’ll have to pay again. Apple has referred me to my phone insurer as it is out of Apple warranty for them to repair. Tech Reps at my local Sprint/Asurion shop know it as “loop disease”, or audio IC issues. I can’t record audio on any app (Snapchat, the Video function on the native Camera App, Voice Memo, etc.), nor can I make a phone call. I’ve tried to get some affirmation from Chat reps after telling the agent that I’ve read articles conveying Apple knows about this issue and that phone technicians are aware that this is common in the 7/7+ models. I’ve never paid close enough attention, but, I believe this has happened each time I’ve done an iOS update; the microphone will no longer be recognized right away after an update, or 1-2 weeks afte an iOS update the mic will fail. I’ve also had the issue of it cycling on/off and being stuck on the Apple logo screen.
I have a IPHONE 7 Plus and my audio has never worked since day 1. Each time I get a call I must listen thru the Speaker only meaning anyone surrounding me can hear my conversation. Please add me