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Initially filed in 2016, a class action lawsuit that accuses Apple of violating the Magnusson-Moss Warranty Act, Song-Beverly Consumer Warranty Act, and other U.S. laws by providing customers with refurbished replacement devices is set to proceed to trial August 16, according to a notice this week from law firm Hagens Berman Sobol Shapiro LLP.

apple-products-refurbished-store-banner.jpg

Apple's repair terms and conditions state that, when servicing a customer's product, the company "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." Plaintiffs in the lawsuit, Maldonado v. Apple Inc., allege that refurbished or "remanufactured" devices are not "equivalent to new in performance and reliability" and thus are seeking monetary damages from Apple.

The class includes U.S. residents who purchased an AppleCare+ or AppleCare Protection Plan for an iPhone or iPad on or after July 20, 2012, either directly or through the iPhone Upgrade Program, and later received a "remanufactured" replacement device. Anyone who meets this description will automatically be included as part of the class, unless they opt out by May 3 to retain their right to sue Apple individually over the claims in the lawsuit.

Apple has denied any wrongdoing in this case, but if the court rules against Apple, class members may be entitled to an award of monetary damages. The exact payout, if any, would depend on how many class members submit a claim.

The case will be heard in the U.S. District Court for Northern California, and more details are available on the Replacement Device Lawsuit website.

Article Link: Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Proceeding to Trial in August
 

Rochy Bay

Suspended
Apr 5, 2016
271
114
Cupertino, CA
They need to stop the greediness. I received a DOA iPod a month after christmas once. Of course it was past the return period so my christmas gift turned into a refurbished unit. Honestly they don’t even fix your products now, as long as your unit powers on they just ask you to restore. Their once premium quality support degraded completely.
 
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Scipster

macrumors regular
Aug 13, 2020
139
301
If refurbished is as good a new, then why does Apple bother selling certified refurbished products? Just re-package as new and sell for the full price. And technically, it is new because the tech specs are as good/equal to new.

C'mon Apple, I've never known you to leave money on the table (e-books, App Store, etc). Why is refurb any different?
 
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EatinPonies

macrumors member
Feb 15, 2016
98
177
Wow I didn't even know this was a thing... I used to work as a tech for a major PC company and this was standard practice: Customer brings in PC with a failing/failed/dead hard drive and we ordered a replacement, which was always a remanufactured one. That's how the default process worked - *UNLESS* we, as the techs, deemed that the PC was so new that it only made sense to order a *new* one as a replacement. We always had the opportunity to intercede in the process a little bit to make sure that we were doing what we felt was right for the customer. Toshiba and IBM had a terrible run of HDDs for some time, so any time one of those came in (and believe me: it seemed like they ALL did) we would specify in the order that it needed to be a Seagate or Western Digital in its place. Even if you were a terrible employee that didn't care about the customer, you still wanted to do it the right way because the incentive was that our repair:return rate was on the line. And, honestly, I came to trust the refurb/reman hard drives a lot more than I trusted something brand new out of the box...
 
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subi257

macrumors 6502a
Sep 13, 2018
540
525
New Jersey
If I buy a new device and it stops working for whatever reason, I expect a new device in return under warranty.
That is true...to a point. If it stopped working after 1 year and you bring it in...it's no longer a new device. I agree that if it dies after only a couple of months you should get a new one....but it is not only Apple that does that. I had that with a $5K HP Mobile Workstation laptop....It was almost dead out of the box and they just kept throwing parts at it until I had to send it in to their repair depot! That was f'd up. They refused to replace it, so I got a refurb for brand new price...from day one.
 
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JPack

macrumors 604
Mar 27, 2017
6,892
11,718
And Apple would most definitely not give a badly worn drive. Just like they don’t with batteries.

Apple definitely does. Plenty of evidence Apple uses reworked logic boards, some of which show clear evidence of liquid damage.

Flash memory costs somewhere between $50 to $150. A battery pack is $10 to $20. Of course batteries are replaced but not so for silicon.
 
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whiteonline

macrumors 6502a
Aug 19, 2011
584
377
California, USA
If refurbished is as good a new, then why does Apple bother selling certified refurbished products? Just re-package as new and sell for the full price. And technically, it is new because the tech specs are as good/equal to new.

C'mon Apple, I've never known you to leave money on the table (e-books, App Store, etc). Why is refurb any different?
Because selling refurbished as new is illegal.
 
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NightFox

macrumors 68020
May 10, 2005
2,463
2,186
Shropshire, UK
Seriously, you guys are happy that the phone (or whatever) you paid over £1000 on and that you've treated with the utmost care for 3 months, keeping it in a case, avoiding rapid-charging the battery, doing everything you can to keep it in pristine condition, breaks and Apple replace it with some random customer return that passes their minimum standard to be sold as a refurb?

Are you happy that you've got a brown box refurb, which you paid brand new price for?
 
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bluespark

macrumors 68020
Jul 11, 2009
2,220
2,512
Chicago
If refurbished is as good a new, then why does Apple bother selling certified refurbished products? Just re-package as new and sell for the full price. And technically, it is new because the tech specs are as good/equal to new.

C'mon Apple, I've never known you to leave money on the table (e-books, App Store, etc). Why is refurb any different?
Apple didn't say they are "as good as" new; they said they are equivalent "in performance and reliability." Also, this statement refers specifically to warranty replacement products, not refurbs generally.

As to the pricing, they aren't leaving money on the table because most people are willing to pay more for new products.
 
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bluespark

macrumors 68020
Jul 11, 2009
2,220
2,512
Chicago
Seriously, you guys are happy that the phone (or whatever) you paid over £1000 on and that you've treated with the utmost care for 3 months, keeping it in a case, avoiding rapid-charging the battery, doing everything you can to keep it in pristine condition, breaks and Apple replace it with some random customer return that passes their minimum standard to be sold as a refurb?
Yes. After those three months, your phone isn't new, either.
 
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blazerunner

macrumors regular
Nov 16, 2020
134
309
Seriously, you guys are happy that the phone (or whatever) you paid over £1000 on and that you've treated with the utmost care for 3 months, keeping it in a case, avoiding rapid-charging the battery, doing everything you can to keep it in pristine condition, breaks and Apple replace it with some random customer return that passes their minimum standard to be sold as a refurb?

Are you happy that you've got a brown box refurb, which you paid brand new price for?
I'd be pissed. My girlfriends phone bricked on it's own just outside the 15 day return period.... is she getting some dodgy used phone? I would hope not.
 
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neuropsychguy

macrumors 65816
Sep 29, 2008
1,442
2,512
Not always. If they are reusing SSD for example, they have a finite lifetime and they should be using new.
I understand that but Apple’s refurbished go through at least or a more robust QA than their new products. If there was an issue, it was fixed. For 98% of people a used SSD isn’t going to cause problems or be a reliability liability in the lifespan of the computer. It will have many years of use left, possibly decades. It’s also possible Apple replaces SSDs with what they deem as too many write cycles as part of their refurbishment process.
 
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