Apple Must Face Powerbeats Headphone Battery Defect Class Action

A class action lawsuit alleging Apple’s Powerbeats headphones lose their charge too quickly was trimmed by a federal judge, but claims over the battery were retained.

Lead plaintiffs alleges that Apple’s Powerbeats 2 and 3 exercise headphones were marketed as water-resistant and having an extra-long battery life; however, consumers from six states say that the pricey headphones died much sooner than expected after ordinary use.

Apple used famous sports stars and other celebrities to tout the Powerbeats 2 as having a six-hour charge and the Powerbeats 3 as having a 12-hour charge, according to the Apple Powerbeats class action lawsuit. The plaintiffs pointed out that sweating or surfing sports stars were featured in the advertising campaign as well.

However, the headphones quit much earlier than advertised and the plaintiffs allege that they did not seem to be as water-resistant for ordinary people as they were for the damp celebs.

While U.S. District Court Judge Richard Seeborg nixed class action claims over negligence, he refused to toss allegations that Apple misrepresented the battery life of the high-end headphones.

“Apple fails to show that any of the statements identified by plaintiffs are so unreasonable that they must be dismissed as a matter of law,” stated the judge in his order. “Apple’s statements that Powerbeats are ‘sweat & water resistant’ and ‘BUILT TO ENDURE,’ taken together, are actionable statements that plausibly constitute misrepresentations capable of misleading a reasonable consumer.”

Apple successfully argued their way out of the plaintiffs’ claims that the alleged false advertising constituted negligence, but the judge ruled that the plaintiffs’ amended complaint established the false advertising claims.

Although Apple argued that the plaintiffs had not sufficiently demonstrated imminent harm and that they would purchase the Powerbeats products again, the judge disagreed pointing out in his order that several plaintiffs alleged in the Apple class action lawsuit that they had purchased the headphones again under the impression that the alleged defects would be remedied.

“Indeed, it is difficult to imagine what more Apple expects plaintiffs to allege in order to establish that they have lost faith in their ability to rely on Powerbeats’ marketing. For these reasons, plaintiffs may seek injunctive relief,” the judge noted in his order.

In a blow to the plaintiffs, the judge did point out that they had not alleged that they were sweating while they exercised in the Apple class action lawsuit; however, the judge dismissed these claims with leave to amend.

The plaintiffs allege in their Apple headphones class action lawsuit that the Powerbeats headphones that Apple started producing after scooping up Beats Electronics several years ago have been mired by a number of problems. The shorter than advertised battery life and lack of water resistance entitles the plaintiffs and proposed Class to damages, according to the Apple Powerbeats defect class action lawsuit.

The plaintiffs are represented by Hassan A. Zavareei, Annick M. Persinger and Kyra A. Taylor of Tycko & Zavareei LLP, Gregory F. Coleman, Adam A. Edwards and Mark E. Silvey of Greg Coleman Law PC, and Mahde Abdallah and Sharon S. Almonrode of The Miller Law Firm PC.

The Apple Powerbeats Battery Defect Class Action Lawsuit is Morgan, et al. v. Apple Inc., Case No. 3:17-­cv-­05277, in the U.S. District Court for the Northern District of California.