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The plaintiffs in a class action lawsuit alleging Apple caused their iPhones to lose data after a software update argued their amended complaint establishes sufficient facts to support their allegations.
Lead plaintiffs alleged in their February class action that “Error 53” caused their phones to become “bricked” and completely useless.
According to the class action, “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 plaintiffs allege this happened when Apple released a software update and that Apple knew this error would occur.
Apple filed several motions to dismiss and the plaintiffs have responded with amended complaints.
The plaintiffs argue that Apple’s latest motion to dismiss should be tossed because it ignores additional facts the plaintiffs have added to the complaint that help to underpin their allegations.
Specifically, the plaintiffs argue that the additional facts in the third amended complaint in the class action lawsuit show that Apple knew that features included in the software update would cause the Error 53 defect, but intentionally retained these features anyway.
“Further, despite plaintiffs’ diligent attempts to detail the suspected motives and intent of Apple in designing Error 53, without the luxury of any discovery to support its factual allegations, Apple will continue to parrot ‘conclusory’ and request dismissal,” argued the plaintiffs. “Because plaintiffs have in fact offered more than ‘labels and conclusions’ and have in this [third amended complaint] provided ‘further factual enhancement’ supporting its complaint for damages, plaintiffs respectfully submit that they have met their burden…”
Apple argued that the class action lawsuit was moot because they released a free software update to fix the error, restore the iPhones, and they had offered to reimburse customers for repairs and replacements not covered by warranty.
However, the plaintiffs disagreed, stating that many users in the class action lawsuit have not been able to successfully upload the software fix and that there are flaws in Apple’s repair and replacement program.
The plaintiffs allege that users have been told that their phones could not have been affected by the error.
The iPhone owners are represented by Darrell L. Cochran, Jason P. Amala, Loren A. Cochran, Kevin H. Hastings and Christopher E. Love of Pfau Cochran Vertetis Amala PLLC.
The Apple iPhone Error 53 Class Action Lawsuit is Nicholas Lusson, et al. v. Apple Inc., Case No. 3:16-cv-00705-VC, in the U.S. District Court for the Northern District of California.
UPDATE: 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 2: 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.
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6 thoughts oniPhone Users Fight Dismissal of Apple ‘Error 53’ Class Action Lawsuit
I would like to join in on this
UPDATE: 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.
We have 1 iphone 6 and 2 iphone 6plus phones. We go through this all the time.
I have an I-phone 6 plus that started doing this 3 weeks ago, I took it to the ATT store I bought it at that same week and he master reset it but it was working fine then and does most of the time but will still do nothing at times, how do I join this suit?
I got my iPhone 6 Plus little over a year ago as well. I too have the same problems plus 1! The screen to my phone has separated from the case. I’ve tried to get it fixed due to the phone malfunctioning by itself but I’m not going to pay $200.00 for a deductible from the worthless insurance that cost about $20.00 a month! I also had to get a defragmenter to clean the hard drive and it’s getting so bad now that I’m doing it about 4 times a day,as well as turning the phone screen off or turning the phone off to be able to use the phone…. Let me know when you start a suit due to the glass of the phone arched like a rainbow. When I get a new phone, I won’t be able to trade due to the screen being damaged, thanks apple. Won’t be able to sell my otter box because the phone broke it when the screen bowed up about 1/4 inch.
My iphone is doing the same thing. How do I sign up?