Apple Class Action Calls AppleCare Warranty Practices ‘Deceptive’

Apple Inc. is facing a class action lawsuit alleging it deceives customers about the length of warranty coverage provided under its AppleCare extended warranty product.

According to the AppleCare class action lawsuit, the AppleCare agreement will extend the warranty of Apple hardware for a specified period of time.

A three-year AppleCare extended warranty for a MacBook Pro is reportedly sold for $349.

Apple allegedly advertises AppleCare as a warranty that is to be purchased at the same time as a consumer purchases an Apple hardware product.

“Many of Apple’s products are so popular and in such demand that wait times to receive Hardware Products are 4-5 weeks or more,” the AppleCare warranty class action lawsuit states. “Of course because AppleCare is simply a service and warranty agreement no wait time exists for this product.”

However, Apple will begin the AppleCare warranty coverage before a consumer receives the Apple hardware product that is covered by the warranty, the Apple class action lawsuit alleges.

Plaintiff Mitch Kalcheim of Los Angeles County says he purchased a MacBook Pro on Oct. 27, 2016. He also purchased AppleCare coverage to cover the MacBook Pro for three years.

Even though he purchased the MacBook Pro and the AppleCare coverage on the same date, the AppleCare warranty protection was “delivered” several days before Kalcheim received his MacBook Pro, thereby denying him of days of his warranty period, the Apple class action lawsuit alleges.

Kalcheim asserts that he received an email notifying him that his warranty coverage would expire on Nov. 11, 2019 even though his MacBook Pro was delivered on Nov. 15, 2016.

“Apple’s policy of ‘delivering’ the AppleCare product prior to actually delivering the underlying Hardware Product is deceptive to consumers because it does not inform them that purchasing the AppleCare product prior to delivery of the underlying Hardware Product will shorten the actual life of the extended warranty,” the AppleCare class action lawsuit alleges.

Kalcheim asserts that he and the putative Class Members have been damaged by Apple’s deceptive practices. He says that, in some cases, Apple will begin the AppleCare warranty weeks before the consumer actually receives the product that is covered by the warranty.

By filing the AppleCare class action lawsuit, Kalcheim seeks to represent a Class of U.S. consumers who purchased an AppleCare extended warranty for an Apple hardware product, and the warranty commenced before the consumer received the hardware product.

The AppleCare class action lawsuit asserts violations of California’s Consumer Legal Remedies Act, Unfair Competition Act, false advertising, breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment.

Kalcheim is seeking equitable and injunctive relief; compensatory damages; statutory damages, including pre- and post-judgment interest; attorneys’ fees and costs; and other relief deemed proper by the court.

Kalcheim is represented by Perry C. Wander of the Law Offices of Perry C. Wander.

The AppleCare Warranty Class Action Lawsuit is Mitch Kalcheim v. Apple Inc., Case No. 2:16-cv-09324, in the U.S. District Court for the Central District of California.