Apple Class Action Alleges Company Misleads Consumers, Powerbeats Pro Do Not Hold Charge as Advertised

Apple Powerbeats Pro Wireless Earbuds Class Action Lawsuit Overview: 

• Who: A consumer with a pair of Powerbeats Pro Wireless Earbuds is suing Apple over the product.
• Why: The consumer says the earbuds are falsely marketed as having a better ability to charge than they do and as being more waterproof than they are.
• Where: The class action lawsuit was filed in a New York federal court.

Apple promises up to nine hours of listening time with its Powerbeats Pro Wireless Earbuds; however, most users experience battery draining issues and charging issues that significantly reduce playback, a new class action lawsuit alleges.

In a class action complaint filed against Apple, Inc. Jan. 13 in a New York federal court, Plaintiff Alejandro Vivar said he bought the headphones thinking they would have a longer charge than they did due to the packaging promises. 

“Plaintiff was disappointed because he believed the Product had the battery life promised and would maintain its charge equally and consistently even though it did not,” the class action states. 

The earbuds are sold under the Beats brand, formerly Beats by Dre, which is now owned by Apple. 

According to the lawsuit, battery life is one of the most important features of wireless earbuds, and the product claims that each earbud ‘[has up to] 9 hours of listening time’ and ‘24 hours with charging case.’”

“Unfortunately, a significant percentage of users experience battery draining and charging issues with the Product which limits its functionality and usage,” Vivar says.

Earbuds Do Not Consistently Charge, Will Quickly Dissipate Charge, Plaintiff Says

Vivar says one of the earbuds will not consistently charge or will quickly dissipate its charge due an issue with the way the earbuds fit—or don’t fit—in the charging case.

“A significant percent of users will place the earbuds in the case and, though it may appear they will begin charging, further adjusting is needed until the charge begins,” the class action states.

The class action lawsuit also alleges the earbuds claim to be waterproof, but sweat on the earbuds actually causes them to corrode, worsening the charging problem.

“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the lawsuit states. The earbuds sell for $150.

The plaintiff is looking to represent anyone in New York who bought the headphones, plus a class of buyers from Michigan, Montana, Rhode Island, Georgia, North Dakota, Virginia, South Dakota and Oklahoma.

He’s suing under state consumer laws and for breach of contract, breach of warranty, fraud, negligent misrepresentation and unjust enrichment. He’s seeking certification of the class action, fees, costs, damages an injunction and a jury trial. 

In 2020, Apple agreed to pay $9.75 million to resolve claims that Powerbeats2 battery life is poor, devaluing the wireless earphones.

Have you used these earbuds? Let us know your experience in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Apple, Inc. Beats Earbuds Class Action Lawsuit is Alejandro Vivar, v. Apple Inc., Case No. 1:22-cv-00347, in the U.S. District Court Southern District of New York. 

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