Apple class action claims AirPods Max headphones contain condensation defect

Apple AirPods Max class action lawsuit overview:

• Who: Arthur Apicella filed a class action lawsuit against Apple Inc.
• Why: Apicella claims the company’s AirPods Max headphones contain a defect that causes condensation to accumulate inside their ear cups during normal use. 
• Where: The class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Apple’s AirPods Max headphones contain a defect that causes condensation to accumulate inside their ear cups during normal use. 

Plaintiff Arthur Apicella claims the alleged defect causes performance problems such as degraded or no sound in one or both ear cups, a failure to detect the user’s ears, failure of the active noise cancellation function and battery charging issues.

Apicella argues Apple knew or should have known about the defect “long before” consumers began purchasing the AirPods Max headphones in December 2020, yet sold and continues to sell the AirPods Max without alerting purchasers about the problem.

“Apple knew or should have known, from its own internal records, and from the complaints on Apple’s website and third-party forums, and through customer complaints directly to Apple’s representatives, of the Defect,” the Apple AirPods Max class action says. 

The plaintiff seeks to represent a New York class of consumers who purchased Apple AirPods Max headphones.

Apple refuses remedy or address alleged AirPods Max defect, class action claims

Apicella argues Apple has not publicly acknowledged the defect and refuses to remedy or address it at no expense when AirPods Max owners request it within the one-year warranty period.

“Defendant has long been on notice of the claims of Plaintiff and Class members and has refused to provide a remedy, instead placing the blame on customers or refusing to acknowledge the existence of the defect,” the Apple AirPods Max class action alleges. 

Apicella claims Apple is guilty of breach of implied warranty, unjust enrichment, and fraud by omission and violating the Magnuson-Moss Warranty Act and New York General Business Law.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, exemplary and statutory damages for himself and all class members. 

A trio of consumers filed a separate class action lawsuit against Apple last year over claims the company sold AirPods Pro Gen 1 headphones containing an audio defect. 

Have you ever purchased Apple AirPods Max headphones? Let us know in the comments.

The plaintiff is represented by Russell D. Paul, Shanon J. Carson and Amey J. Park of Berger Montague PC.

The Apple AirPods Max class action lawsuit is Apicella, et al. v. Apple Inc., Case No. 2:25-cv-02261, in the U.S. District Court for the Eastern District of New York.

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