Class Action Lawsuit: Error 53 Renders iPhones Useless

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A group of angry iPhone users have filed a class action lawsuit against Apple Inc., alleging their smartphones were rendered useless by Error 53, which affects iPhones that have damaged or replaced thumbprint sensors.

Last Thursday, plaintiffs Nicholas Lusson, Bryan Kushmick, Alexander Saenz, John Denoma and Nora Penner filed the Apple class action lawsuit after their iPhones were “bricked” due to Error 53, which makes the phone inoperable and cannot be repaired.

According to the iPhone class action lawsuit, Error 53 is a function within Apple’s operating system that affects iPhone 6, iPhone 6 Plus, iPhone 6s and iPhone 6s Plus smartphones. These iPhones have a “Home button” that contains a fingerprint sensor that allows users to scan and store their fingerprint in the device to use as a “passkey” to unlock the smartphone and to complete purchases using Apple Pay.

The iPhone class action lawsuit alleges Apple released an iOS update that contained “security checks” related to the Touch ID sensor. The iOS feature reportedly attempts to verify whether the iPhone’s original Touch ID modules are still present in the device when either installing the iOS update or restoring a device from a backup. If the verification attempt fails, the iPhone will display the Error 53 message.

“The code has rendered thousands of [iPhones] completely disabled or ‘bricked’ after its users updated iOS or restored the device from a backup,” the plaintiffs allege in their iPhone Error 53 class action lawsuit. “After spending hundreds of dollars purchasing Affected Models, the Plaintiffs here had their phone rendered useless.”

The Apple class action lawsuit claims that iPhone owners began receiving the Error 53 code in early 2015, and possibly earlier. The iPhone owners quickly notified Apple about the error because they were no longer able to use their phones and wanted to have the issue fixed. Apple representatives reportedly told consumers that the phones could not be fixed under warranty, and that the consumers had actually caused the error by using an unauthorized repair service to fix their phones.

“Some consumers had used a repair service other than an Apple service to fix problems such as broken screens and ‘Home’ buttons, but they pointed out to Apple representatives that nothing in marketing materials or purchase documents ever disclosed that their iPhone products would be destroyed by an imbedded software code if they had repaired iPhones using an independent service and then updated to certain iOS versions,” the iPhone Error 53 class action lawsuit alleges.

“Other consumers advised Apple representatives that no repairs had been done but the error code had disabled their iPhone anyway,” the Apple class action lawsuit continues. “Apple has regularly advised consumers who have experienced the Error 53 code that their situation will not be fixed under warranty and, frequently, that the only solution is to purchase a new phone.”

The plaintiffs filed the Apple class action lawsuit on behalf of themselves and all other consumers whose iPhones have been affected by the Error 53 code. They estimate that nearly 62 million of the affected iPhone models were in use as of November 2015, meaning that the Error 53 will have a widespread impact on iPhone users throughout the United States.

The iPhone Error 53 class action lawsuit brings allegations of negligence, negligent misrepresentation and unjust enrichment. Further, the plaintiffs assert Apple has violated California’s Unfair Competition Law and False Advertising Law. They seek an order enjoining Apple from continuing to allow Error 53 to render iPhones useless and an order requiring Apple to put the costs of repair or replacement of the affected devices under warranty.

The plaintiffs are represented by Darrell L. Cochran, Jason P. Amala, Loren A. Cochran, Kevin M. Hastings and Christopher E. Love of Pfau Cochran Vertetis Amala PLLC, and Timothy A. Scott of the Law Offices of Timothy A. Scott APC.

The Apple iPhone Error 53 Class Action Lawsuit is Nicholas Lusson, et al. v. Apple Inc., Case No. 3:16-cv-00705, in the U.S. District Court for the Northern District of California.

UPDATE: On May 2, 2016, Apple filed a motion to dismiss this class action centered on the infamous Error 53 controversy, stating that the suit is now moot since Apple released a software update to fix all affected devices and reimbursed consumers who paid for “out of warranty” repairs.

UPDATE 2: On May 23, 2016, the plaintiffs argued against a motion to dismiss the class action claims saying Apple never reimbursed them or proposed Class Members.

UPDATE 3: On June 20, 2016, a federal judge dismissed all claims in an iPhone class action lawsuit that alleged Apple had used Error 53 to render the devices inoperable.

UPDATE 4: On Aug. 31, 2016, iPhone users argue that the additional facts noted in their third amended class action complaint prove Apple knew a software update would cause the Error 53 defect but intentionally retained these features anyway.

UPDATE 5: On Oct. 19, 2016, Apple will continue to face a consumer class action lawsuit following a federal judge’s partial denial of the company’s motion to dismiss.

UPDATE 6: On Sept. 1, 2017, Apple agreed to settle individual claims with 169 iPhone users who allege their devices were wiped clean after a software update. If approved, the Apple settlement would resolve the individual claims of the 169 affected iPhone users, but would also leave open the possibility for other consumers to pursue a class action lawsuit against Apple.