Apple Wants Shattered Watch Screen Class Action Dismissed

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Last week, Apple Inc. filed a motion to dismiss a class action lawsuit alleging some of its Apple Watches have defective screens that can shatter, claiming that the plaintiff’s Apple Watch screen cracked after the warranty had expired.

According to Apple, plaintiff Kenneth Sciacca says he purchased a Series 2 Apple Watch on Dec. 1, 2016, and that he did not experience an issue with the product until March 9, 2018.

At this point, the one-year warranty had already expired. Apple argues that all of Sciacca’s warranty claims fail and should be dismissed.

Apple further alleges that Sciacca’s claims fail under California’s Unfair Competition Law and the California Legal Remedies Act.

The tech giant says that Sciacca alleges fraud claims but fails to back them up by identifying any statements by Apple upon which he allegedly relied when purchasing the Apple Watch.

Sciacca’s unjust enrichment claim should be dismissed because it is not an independent cause of action under California law, Apple argues. If Colorado law is applied, the unjust enrichment claim is not actionable because the law offers an adequate remedy, according to Apple.

The claim for injunctive relief should also be dismissed because Sciacca failed to establish standing to pursue the claim, the motion to dismiss the Apple Watch class action lawsuit states.

“He has not alleged plausible facts establishing that he could be misled in the future or that he desires or intends to buy an Apple Watch again,” Apple argues.

Sciacca filed the Apple Watch class action lawsuit on June 4. He claims that he purchased a Series 2 Stainless Steel 38mm Apple Watch in Colorado and that, about 15 months later, the screen of the watch “unexpectedly detached from the Watch’s body shortly after he removed the watch from its charger.”

According to the Apple Watch class action lawsuit, Sciacca brought the Apple Watch to the Apple Store, where employees reportedly determined that the screen had detached because of “non-warrantable damage” and said that they would repair the watch for $249.

Sciacca says his Apple Watch is not the only one to unexpectedly shatter and points to numerous online complaints from customers stating their Apple Watch screens detach or break and that Apple refuses to replace the screens for free.

Apple reportedly extended the limited warranty for Apple Watches after they were initially released in 2015, but the extension only covered swollen batteries.

According to Apple, the detached screen on Sciacca’s Apple Watch was not caused by a swollen battery and therefore the issue is not covered under warranty.

The Apple Watch class action lawsuit was filed on behalf of Sciacca and a proposed Class of all consumers in the United States who purchased an Apple Watch.

Alternatively, Sciacca seeks to represent a Class of all Colorado residents who purchased an Apple Watch.

Apple has asked the judge to dismiss the Apple Watch in its entirety and with prejudice, which, if granted, would prevent Sciacca from filing an amended complaint.

Sciacca is represented by Kolin C. Tang and James C. Shah of Shepherd Finkelman Miller & Shah LLP and John F. Edgar and Brendan M. McNeal of Edgar Law Firm LLC.

The Apple Watch Shattered Screen Class Action Lawsuit is Kenneth Sciacca v. Apple Inc., Case No. 5:18-cv-03312, in the U.S. District Court for the Northern District of California.

UPDATE: On Jan. 25, 2019, a California federal judge presiding over a proposed Apple Watch class action lawsuit alleging screens have a high likelihood of cracking and shattering, has decided to throw the suit out.