Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

[sunsetblow]

I encourage everyone affected to sign up for this: http://mccunewright.com/iphone-6-touchscreen-defect/

They send a quick 5 minute survey afterwards, so this is how you can make your voice heard.

 

[Lebanese]

I encourage everyone affected to sign up for this: http://mccunewright.com/iphone-6-touchscreen-defect/

They send a quick 5 minute survey afterwards, so this is how you can make your voice heard.

Would love to participate but I do not live in the US :/

Any updates on the lawsuit ?

 

[Jwest79]

I still have this problem about 1-2 times per week and Apple has basically just raised their hands and said "oh well." I will happily join this.

I have the same problem, and when you go into the Apple Store and if they don't see the issue then you just wasted your time.
[doublepost=1473303774][/doublepost]

I've had four iPhone 6 units. The first had a microphone defect and was replaced with a fully functional unit, which I water damaged and was replaced with my third. This one had touch disease and I brought it into the Apple Store. The Apple Story guy heard my story and within 30 seconds was convinced I was due a replacement. I was back out again with a new phone in less than 10 minutes. It works fine.

I'm sorry so many others have been denied satisfaction. Maybe Apple got the message, albeit too late for some.

I have so many issues with Apple! My 3GS was replaced 32xs. Never had an issue with my 4. I hate going into Apple and I have a 6s plus that's not even a year old.

 

[Tommyboy_MSU]

I have been suffering this issue over the last 6 months and of course have been getting the run around from the Apple Store. The issue has been getting so bad that the phone is 90% useless as it closes out apps, opens up multiple apps, deletes apps, inserts characters when I am texting, hangs up on calls.

 

[wjw0111]

Ever heard of product recalls, like in the auto and other industries, that occur well after the warranty period has expired and the manufacturer is still held liable. So stop spreading such flawed legal logic.

Yeah, product recalls are typically about safety issues. Like... the airbag might shoot shrapnel into my face. Or how Samsung recalled their phones that were catching on fire. Your touchscreen not working isn't likely to endanger your life
[doublepost=1473393809][/doublepost]

I'd argue that a defective product, often purchased under a 2 year contract, with only a 1 year limited warranty and thus a disclaimed implied warranty of merchantability, is unconscionable under a "take it or leave it" scenario whereby Apple has supreme bargaining power over the warranty contract. Otherwise, Apple and the cell companies could be in cahoots, selling phones meant to break after 1 year but before 2 years, thereby requiring you to purchase a new phone for the full unsubsidized price or pay an early termination fee on your cell service contract.

Very much varies by your state/country. You're right that there is an implied warranty of merchantability, but many states allow merchants to disclaim this, and Apple does just that:

"TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. APPLE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, APPLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT APPLE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU."

The caps aren't me shouting, I just cut and pasted from the Apple iPhone warranty, and they wrote that paragraph in all caps (to make sure they could say people must have seen it?). So, while perhaps unconscionable, it is exactly the route Apple has taken. Maybe I'm cynical, but when I buy a product I never expect it to last longer than the warranty, and if it does I feel like I'm on golden time If it's a major purchase, like a car, I will extend the warranty to cover the same time as I am financing it for. I never extend electronics warranties, but in the same light I don't expect the manufacturer to help me out if my out-of-warranty product stops working.

 

[sunsetblow]

Yeah, product recalls are typically about safety issues. Like... the airbag might shoot shrapnel into my face. Or how Samsung recalled their phones that were catching on fire. Your touchscreen not working isn't likely to endanger your life
[doublepost=1473393809][/doublepost]

Very much varies by your state/country. You're right that there is an implied warranty of merchantability, but many states allow merchants to disclaim this, and Apple does just that:

"TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. APPLE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, APPLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT APPLE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU."

The caps aren't me shouting, I just cut and pasted from the Apple iPhone warranty, and they wrote that paragraph in all caps (to make sure they could say people must have seen it?). So, while perhaps unconscionable, it is exactly the route Apple has taken. Maybe I'm cynical, but when I buy a product I never expect it to last longer than the warranty, and if it does I feel like I'm on golden time If it's a major purchase, like a car, I will extend the warranty to cover the same time as I am financing it for. I never extend electronics warranties, but in the same light I don't expect the manufacturer to help me out if my out-of-warranty product stops working.

So you'd be okay with Apple changing it to a 30 day warranty, and you would smile and skip off to buy a new phone when your iPhone 8 dies on Day 31?

 

[Press22]

The caps aren't me shouting, I just cut and pasted from the Apple iPhone warranty, and they wrote that paragraph in all caps (to make sure they could say people must have seen it?). So, while perhaps unconscionable, it is exactly the route Apple has taken. Maybe I'm cynical, but when I buy a product I never expect it to last longer than the warranty, and if it does I feel like I'm on golden time If it's a major purchase, like a car, I will extend the warranty to cover the same time as I am financing it for. I never extend electronics warranties, but in the same light I don't expect the manufacturer to help me out if my out-of-warranty product stops working.

You sir are what we in the sales business call a "lay down".

 

[wjw0111]

So you'd be okay with Apple changing it to a 30 day warranty, and you would smile and skip off to buy a new phone when your iPhone 8 dies on Day 31?

Hard to say with a hypothetical like that. I would be suspicious of a 30 day warranty, as I'd like my phone to at least last until the next version of the phone is released. In your scenario would other manufacturers still have one-year warranties? What would the cost be to buy AppleCare to extend the 30 day to 1 year? If they changed the warranty to 30 days I might finally buy AppleCare for the first time in my life!
[doublepost=1473447481][/doublepost]

You sir are what we in the sales business call a "lay down".

Totally! Had to look up on Urban Dictionary, but yeah that's me! Haha, when I bought my car I totally just walked in and said "that one". Didn't feel like doing a test drive because my roommate had the same car and I borrowed it sometimes and it was fine.

I think people that come in and buy without questions/negotiating/bs are because we already researched things before going to the store. You know, like reading and understanding the warranty.


I've also found not being an argumentative dick gets you better service. I've had Apple replace two iPads that I dropped on the ground and broke the screens on. Not because I threatened to sue them or was a dick, but because I went to the Apple Store and was polite about it.

 

[Press22]

The argument is that this is a design flaw, one they were aware of and fixed for the iPhone 6S and SE. Not to mention we are locked into contracts with our carriers for 2 years.

By the way, I had this issue while I was still in warranty. Was my phone replaced? No. They replaced the screen. Does the issue remain? Yes, my phone is now nothing more than a paper weight.

 

[wjw0111]

The argument is that this is a design flaw, one they were aware of and fixed for the iPhone 6S and SE. Not to mention we are locked into contracts with our carriers for 2 years.

By the way, I had this issue while I was still in warranty. Was my phone replaced? No. They replaced the screen. Does the issue remain? Yes, my phone is now nothing more than a paper weight.

But if you chose to lock in with your carrier, and the problem is with the 6, shouldn't you be at your upgrade time for the 7 anyway?

 

[Press22]

But if you chose to lock in with your carrier, and the problem is with the 6, shouldn't you be at your upgrade time for the 7 anyway?

But my phone had the issue within the first 6 months of my contract. 18 months still locked in.
In and out of warranty Apple refused to fix the issue(Correctly) Therefore yeah, class action suit.

 

[wjw0111]

But my phone had the issue within the first 6 months of my contract. 18 months still locked in.
In and out of warranty Apple refused to fix the issue(Correctly) Therefore yeah, class action suit.

I can see how your situation is different. If the product broke during warranty and is now broken with the same issue it seems like a faulty warranty repair.

 

[Press22]

I can see how your situation is different. If the product broke during warranty and is now broken with the same issue it seems like a faulty warranty repair.

But the issue is that this problem is not a matter of IF it happens to every phone. It is when.
I'm convinced it will happen to every phone, at least every 6+ The solder joints will break eventually.

When this issue began for me I dismissed it as a software bug causing my phone to be unresponsive and it wasn't until later that the bars started flashing all over the top of my screen.

So here's my thought process on how Apple decided to deal with this.
"Well let's just not make the same design flaw in the 6S, 6S+, and SE. Since the issue takes some time to happen, most customers will just upgrade anyway."
It's not exactly the right thing to do for a company as big as Apple is it?

 

[wjw0111]

But the issue is that this problem is not a matter of IF it happens to every phone. It is when.
I'm convinced it will happen to every phone, at least every 6+ The solder joints will break eventually.

When this issue began for me I dismissed it as a software bug causing my phone to be unresponsive and it wasn't until later that the bars started flashing all over the top of my screen.

So here's my thought process on how Apple decided to deal with this.
"Well let's just not make the same design flaw in the 6S, 6S+, and SE. Since the issue takes some time to happen, most customers will just upgrade anyway."
It's not exactly the right thing to do for a company as big as Apple is it?

I don't know if it's the right thing or not - I guess I'm mostly glad they have it fixed moving forward and don't care as much about whether it effects some two year old phones.

I've been happy with my 6 and two years after buying it if it wants to crap out any day now I'm fine with that. I don't use a case and have dropped my phone 4 or 5 times now onto hard surfaces and asphalt without significant damage (just some pretty scuffed up aluminum with some pock marks). Since those drops and my constant hard use haven't wrecked it yet, I'm just chugging along happily on what I see as borrowed time. If I can get another year out of it that would be great and I'll upgrade to next year's iPhone. If it bites the dust earlier I'll upgrade to the 7.

Given how hard I am on my phone I'm shocked that if there were a real problem with weak solder joints it wouldn't have happened to my phone by now. Then again I understand that it could be more prevalent on the plus models.

 

[sunsetblow]

I don't know if it's the right thing or not - I guess I'm mostly glad they have it fixed moving forward and don't care as much about whether it effects some two year old phones.

I've been happy with my 6 and two years after buying it if it wants to crap out any day now I'm fine with that. I don't use a case and have dropped my phone 4 or 5 times now onto hard surfaces and asphalt without significant damage (just some pretty scuffed up aluminum with some pock marks). Since those drops and my constant hard use haven't wrecked it yet, I'm just chugging along happily on what I see as borrowed time. If I can get another year out of it that would be great and I'll upgrade to next year's iPhone. If it bites the dust earlier I'll upgrade to the 7.

Given how hard I am on my phone I'm shocked that if there were a real problem with weak solder joints it wouldn't have happened to my phone by now. Then again I understand that it could be more prevalent on the plus models.

You do understand that this issue is affect folks who coddle their phone from day 1, with no drops or bends at all, right?

Why your ridiculous treatment of your phone (and its rightful breakdown in or outside of warranty) should apply to everyone else who takes care of theirs is either willful ignorance on your part or a complete breakdown of sense.

 

[wjw0111]

You do understand that this issue is affect folks who coddle their phone from day 1, with no drops or bends at all, right?

Why your ridiculous treatment of your phone (and its rightful breakdown in or outside of warranty) should apply to everyone else who takes care of theirs is either willful ignorance on your part or a complete breakdown of sense.

I don't understand your point. If this issue is caused by weak soldering or whatever then wouldn't it be more likely to affect a phone that is used roughly than one that is "coddled from day 1"? My point was that if my phone is still working fine after 2 years of hard (realistic) usage I don't think there is a workmanship issue that affects all iPhone 6's, as some claim. To be clear when you say "rightful breakdown in or outside of warranty" you know that my phone still works perfectly, right? I think people need to stop being so cautious with their phones and putting stupid cases on them. A phone is a tool. The reason I buy apple is that i know their phones will stand up to the real world.

At the same time, I don't think people should expect miracles from their devices, and we're talking about a 2 year old phone with a 1 year warranty here. If you have an iPhone 6, and it breaks outside of the warranty period, upgrade to a 7. I know it sucks because the 8 will probably be awesome, but if you really take care of your phone so well I'm sure you can resell your 7 in a year's time when the 8 comes out

 

[Sooi2008]

From Holland.
Have the same issue, iPhone is 1 year and 9 days.
2 days ago its starts for me.
No reaction and a gray flickering bar at top. Got no experience with this cases.
Is there a change, winning from Apple in this kind of cases.
And how long wil it take such a proces?

 

[Lebanese]

I don't understand your point. If this issue is caused by weak soldering or whatever then wouldn't it be more likely to affect a phone that is used roughly than one that is "coddled from day 1"? My point was that if my phone is still working fine after 2 years of hard (realistic) usage I don't think there is a workmanship issue that affects all iPhone 6's, as some claim. To be clear when you say "rightful breakdown in or outside of warranty" you know that my phone still works perfectly, right? I think people need to stop being so cautious with their phones and putting stupid cases on them. A phone is a tool. The reason I buy apple is that i know their phones will stand up to the real world.

At the same time, I don't think people should expect miracles from their devices, and we're talking about a 2 year old phone with a 1 year warranty here. If you have an iPhone 6, and it breaks outside of the warranty period, upgrade to a 7. I know it sucks because the 8 will probably be awesome, but if you really take care of your phone so well I'm sure you can resell your 7 in a year's time when the 8 comes out

How can i sell a phone that doesn't work ?

 

[sunsetblow]

Everyone, check out this thread on reddit. Has some good info about past class actions and Apple's response to them (despite having the suits dismissed):

https://www.reddit.com/r/apple/comments/50ch9s/how_iphone_6_owners_can_join_the_class_action/

Judging from the last instance (the "Error 53" lawsuit), it could take upwards of 4 months to get a resolution (MacRumors news story timeline shows lawsuit being filed in Feb 2016 and it being dismissed in June 2016, with Apple agreeing to reimburse out of warranty repairs.)

The 2011 MBP logic board suit was filed in October 2014 and dismissed in January 2015. A repair program was initiated in February 2015.

We may have a long wait, folks. Perhaps December 2016, but considering that's busy holiday season they might even delay it until January 2017.

 

[mcooper92]

While I don't argue that there isn't an issue with the device and it's design, I dont think that Apple (or any company) should be held responsible for every single issue that goes wrong with a product...especially if the device expereinced no issues for 2+ years. The phone comes with a 1 year manufacturer's warranty that would cover this. MOST people do drop their phones/ bring them into steamy bathrooms, or misuse them in some way, so it's incredible that there aren't more issues with them. 2 years is a solid return for a device to have no issues.

To Sammy: There are consumer product laws in the US, hence the lawsuits. No law = nothing illegal = no law suit. No lawyer would be able to justify a lawsuit without some sort of precedent that they believe the defendant is abusing.

Anything stricter than we have now and you might as well put all consumer product companies out of business today. Apple couldn't survive if it had to replace your phone everytime it fell out of your lap or pocket....esspecially if that were exteneded to included essentially obsolete 2+ year old devices. Don't be ridiculous.

 

[Sigil]

I don't understand your point. If this issue is caused by weak soldering or whatever then wouldn't it be more likely to affect a phone that is used roughly than one that is "coddled from day 1"? My point was that if my phone is still working fine after 2 years of hard (realistic) usage I don't think there is a workmanship issue that affects all iPhone 6's, as some claim. To be clear when you say "rightful breakdown in or outside of warranty" you know that my phone still works perfectly, right? I think people need to stop being so cautious with their phones and putting stupid cases on them. A phone is a tool. The reason I buy apple is that i know their phones will stand up to the real world.

At the same time, I don't think people should expect miracles from their devices, and we're talking about a 2 year old phone with a 1 year warranty here. If you have an iPhone 6, and it breaks outside of the warranty period, upgrade to a 7. I know it sucks because the 8 will probably be awesome, but if you really take care of your phone so well I'm sure you can resell your 7 in a year's time when the 8 comes out

This is a flawed argument; it implies that your specific "usage" is the standard or what is concerned normal usuage in general. If graphed, normal usuage would be a range. You should also research "failure rates."

 

[TomMcIn]

I have an iPhone 6s that has totally died at 50% charge once for sure and maybe once when I thought it was something else. The day it died and would not restart on its own, it started up when I plugged it into power and that evening I saw a description of the problem being more common in China. I took my phone to the Coquitlam Apple store yesterday to have the serial number checked and in 5 minutes was scheduled for a battery replacement in the next couple of weeks. Supposedly a different problem but the Apple service was FIRST CLASS.
Have been using Apple since the very first MAC came out and never had a Class Action problem. Maybe it is karma as my last name is McIntosh - the right way of spelling the name.
Don't do Windows - Life is too short.