Apple iPhone 6 Touchscreen Defect Class Action Survives Dismissal Bid

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On Tuesday, a California federal judge trimmed some claims in a class action lawsuit against Apple Inc. over an alleged iPhone 6 and iPhone 6 Plus touchscreen defect, but will allow the case to move forward.

U.S. District Judge Lucy H. Koh dismissed some consumer fraud and warranty claims against Apple, but allowed the plaintiffs’ allegations of fraudulent omission and claims for injunctive relief to proceed.

The iPhone touchscreen defect class action lawsuit was initially filed in August 2016 by plaintiffs Thomas Davidson, Todd Cleary and Jun Bai. They allege Apple was aware of the touchscreen defect when the tech giant released the iPhone 6 in September 2014 but failed to inform consumers about the problem.

The touchscreen defect allegedly causes the touchscreens on the iPhone 6 and iPhone 6 Plus smartphones to become unresponsive to users’ touch.

After its release, hundreds of consumers reportedly lodged complaints about the iPhone 6 touchscreen defect on Apple’s website. According to the Apple class action lawsuit, numerous consumers posted complaints on third-party websites about their experience with the alleged iPhone touchscreen defect and Apple’s alleged failure to address the problem.

In March, Judge Koh dismissed the Apple iPhone defect class action lawsuit but allowed the plaintiffs to file an amended complaint. They filed an amended iPhone class action lawsuit on April 4. Apple subsequently sought to dismiss the iPhone touchscreen defect class action lawsuit in its entirety.

On Tuesday, Judge Koh dismissed the plaintiffs’ claims that Apple misrepresented the characteristics of the iPhone, finding that Apple’s claims were “mere puffery” that could not be construed as true or false. She also dismissed fraud claims that were brought under New Jersey and Pennsylvania law.

The judge further dismissed warranty claims, finding that Apple’s one-year limited warranty did not cover the alleged touchscreen defect because they were related to a design defect rather than an issue with workmanship or materials, which the warranty allegedly would have covered. She determined the plaintiffs failed to show that Apple’s one-year warranty is unconscionable.

However, Judge Koh says she will allow the plaintiffs to pursue fraudulent omission claims over allegations Apple failed to disclose the touchscreens were defective. She found that they sufficiently argued Apple failed to provide consumers with information about the alleged defect during the two-week period that they would be eligible for a full refund.

The plaintiffs who alleged that they would participate in the Multi-Touch Repair Program offered by Apple to repair the iPhones for $149 will be allowed to pursue injunctive relief, Judge Koh determined, while those who did not allege they would participate in the program cannot pursue injunctive relief.

The plaintiffs are represented by Richard D. McCune, David C. Wright, Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCune Wright Arevalo LLP; Stephen G. Larson of Larson O’Brien LLP; Mitchell M. Breit of Simmons Hanly Conroy; Greg Coleman of Greg Coleman Law; and Steven A. Christensen and Zane L. Christensen of Christensen Young & Associates PLLC.

The Apple iPhone 6 Touchscreen Defect Class Action Lawsuit is Thomas Davidson, et al. v. Apple Inc., Case No. 5:16-cv-04942, in the U.S. District Court for the Northern District of California.

UPDATE: On May 8, 2018, Apple consumers have been denied Class certification in their iPhone touchscreen defect lawsuit after a federal judge found that the consumers failed to meet the predominance requirement for certification.