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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.

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I’m not sure that the above statement is accurate. Refurbished units sold as such and refurbished warranty replacement devices both come from the same sweatshop, the difference being the units used as replacements at the stores are boxed with out any accessories and the refurbished products on Apple’s site come with new accessories.
I mistakenly assumed you meant refurbished AT the store.
 
Should this suit prevail, I'm sure the typical class-action result will follow. The lawyers will get a kajillion dollars, and the class members will get $10 iTunes gift cards.
And when class members try to use the gift cards, they will find out the lawyers sold the ID numbers, someone already used the numbers, and the gift cards are longer any good. :eek:
 
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So they should sue almost every company on the planet. I bought the PowerBeats Pros and was offered refurbished replacements. I purchased a Tacx trainer and was given a refurbish replacement. I bought an HP notebook, and was offered a refurbished replacement. Time after time, users with defective equipment are offered refurbished replacements. It's not just Apple. Dell does it too! I had a client that was in on the 'junk motherboard replacement scam' Dell was running. I went through 4 motherboards just trying to get the system running again. Dell was accusing ME of screwing it up, but years later, I find out that Dell was shipping untested refurbished motherboards out to customers and resellers. Dell sucks for doing that, but they are the McDonald's of computers.

I remember being offered a refurbished Maytag washer after having problems with a pronounced mold smell. Sure... Bite me...

Why are so many people targeting Apple. What do the hope to gain? What is their end goal? The ruination of Apple? The decimation of them and their users? My god, that's scorched Earth stuff... Cancel Culture Much?
 
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This is absurd.
A device that is serviced under warranty is in fact used. Receiving a refurbished device is exactly equivalent.

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I have purchased many refurbished devices from Apple and could never tell them apart from new, aside from packaging.
Agreed, and notice how Apple has lately been developing more methods to just repair certain parts of iPhones vs. replacing them via their express swap method. In the past if you had a cracked screen, but also had some other cosmetic blemishes elsewhere you would get a whole replacement phone that was perfect and like new... now you will just get a screen replaced.
 
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If I buy a new device and it stops working for whatever reason, I expect a new device in return under warranty.
It’s people like you who are killing this planet. If a company can do a refurbishment job and make the product as good as new take it and be happy.

Just 100 years ago you have an entitlement attitude like that and the shop keeper would take you out behind the barn.
 
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...
As a repair tech, if someone brought me their computer with a dead/failing hard drive, I'd price a new one, have them pay me to buy it, install it, and then send them on their way. Installing refurb./remanuf. (which is second-rate stuff, in my opinion) stuff just seems wrong, in my book. Corporate greed knows no bounds. What they can get away with, they will. But, if you're going to play in THEIR pool, you have to play by THEIR rules.

Apple hasn't change since I started hating on them for the Intel switch. And they're no different now. They're still a greedy corporation. We're just dollar signs to them. The only difference? I'm happy to own the Macs they make again! You don't have to like the devil, to play with the devil's toys. You just have to watch your back... because the devil doesn't play fair. 😆
 
The whole Apple worship in full display apparently.
Apple is a business. Customer pay a fee in exchange for a product or service. Even if the markup and absurd pricing exists everywhere, at least the value should fall within a ballpark right? We should not expect a device that is sold for $400 to have the same service quality of another device that is sold for over $1500.
I have my iPad Pro 2018 replaced twice already due to screen issue. No or minor cosmetic wear and tear. This one I am using right now exhibit the same problem shortly after the replacement and it might be from Netherland of all places. After replacing the iPad 3 times, I think it is unreasonable for Apple to keep providing me with refurbished products that just keeps Exhibiting the same screen issue.
To me, Apple offers me products that I use. If it breaks, reasonable compensation should be provided. Why people act like Apple is doing only the right thing? I am neutral to this lawsuit but business is a business. It’s not like Apple will pay me if I defend Apple for their actions.
 
This is about replacements units, not them selling refurbs as brand new machines.
And again Apple is quite clear about this in is warranty. Why is this case still going on?! The judge should have read the warranty, pointed out the "refurbished" part, and thrown the case out. This is so non issue that even fi they do get verdict odds are it will be thrown out on appeal.
 
The whole Apple worship in full display apparently.
What worship? We read the terms of the warranty ie "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." and from that this case should not be happening.
Why people act like Apple is doing only the right thing? I am neutral to this lawsuit but business is a business. It’s not like Apple will pay me if I defend Apple for their actions.
Because Apple spells out in their warranty exactly what they are doing and besides the practice of using refurbished part to repair stuff is endemic to many things from car to PC repair.
 
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Apple hasn't change since I started hating on them for the Intel switch.
Why hate Apple for taking the steps to make their product better?
And they're no different now. They're still a greedy corporation. We're just dollar signs to them. The only difference? I'm happy to own the Macs they make again! You don't have to like the devil, to play with the devil's toys. You just have to watch your back... because the devil doesn't play fair. 😆
This is not devil's contract where the wording is twisted but a clear declaration in the warranty what will be done.
 
I think there needs to be a line drawn. Say one year, maybe 8 months. Everything under that time limit gets replaced with new product of similar capabilities. After that, refurbished.

I was so pissed to be offered refurbs for my PowerBeats Pro cans. SERIOUSLY?!?!!! THEY AREN'T EVEN A MONTH OLD!!!:mad::mad::mad::mad:
 
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If I buy a new device and it stops working for whatever reason, I expect a new device in return under warranty.
“for whatever reason” - What a ridiculous thing to say! Threw my iPhone at the wall, ran my iPad over with the car, dropped my iPhone in the toilet, my child jumped on my iPad, ...
 
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What worship? We read the terms of the warranty ie "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." and from that this case should not be happening.

Because Apple spells out in their warranty exactly what they are doing and besides the practice of using refurbished part to repair stuff is endemic to many things from car to PC repair.
Then, one would question is that term fair for both parties, and if Apple has properly honoured the Term they have laid out. For example, how to define “equivalent to new”? And how “Exactly what they are doing” is.

As an apple user who will likely get the iPad Pro 2018 replaced a third time, I would also like to know how that “equivalent to new” is, after all if two replacement devices fail the same way, I would naturally wonder what’s happening.
 
“for whatever reason” - What a ridiculous thing to say! Threw my iPhone at the wall, ran my iPad over with the car, dropped my iPhone in the toilet, my child jumped on my iPad, ...
Yeah of course “whatever reason” does not include user damage or deliberate device destruction. But I guess assuming that based on that wording alone is kind of a stretch.
 
What worship? We read the terms of the warranty ie "may use parts or products that are new or refurbished and equivalent to new in performance and reliability." and from that this case should not be happening.

Because Apple spells out in their warranty exactly what they are doing and besides the practice of using refurbished part to repair stuff is endemic to many things from car to PC repair.
Well first and foremost, just because Apple writes it, doesn’t mean it’s right or fair (that is what the challenge is). Is it it right that only one part of the agreement (between Apple and the customer) is established by Apple; only they decide what is equivalent to new.

It’s rare these days for a consumer to get what is called an evergreen warranty, (they exist and typical in my industry, but that’s beside the point) one where the warranty clock resets after every repair, so if your two-year old monitor breaks, it is not unreasonable to receive a working monitor of an “equivalent“ age, however, if that same monitor is actually repaired, then I think it is reasonable to expect it to be done so with new components, e.g. a new motherboard. By implication a refurbished motherboard is one that has probably already failed once before or why would the manufacturer have it to use in the first place. (I appreciate not exclusively the reason, but quite likely).

If anyone drove their new car out if the dealership and 3 months later the timing belt snapped and the engine was destroyed, I am pretty sure everyone on here defending Apples position wouldn’t be as keen to support Ford if they said they would give you a remanufactured or refurbished engine.
 
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.
Ok, but in this situation people are paying extra, and a lot extra for the apple care. This isnt someone coming in months after buying a device and that device still under warranty and wanting new. That I get. This is people who paid above and beyond are were told "you will get a new device is this breaks" So that's it, done, end of story. you dont hand them a device that broke and you "refurbished" and are now calling it the same as new. No way.
 
It has been like this for years. Fobbing people off with this "As good as New" twaddle.

At least it is still fully covered by the remaining Apple Care/+ not like before where it was only a 90 day warranty for the refurbished part.
 
Ok, but in this situation people are paying extra, and a lot extra for the apple care. This isnt someone coming in months after buying a device and that device still under warranty and wanting new. That I get. This is people who paid above and beyond are were told "you will get a new device is this breaks" So that's it, done, end of story. you dont hand them a device that broke and you "refurbished" and are now calling it the same as new. No way.
Apple Care does two things, it extends the support and warranty and it covers actual customer caused damage for a deductible.

Traditionally you got 90 days of software support and anything out of the ordinary Apple would charge you 30$ dollars per incident to have a tech figure out what the problem was and then you get a 90 day guarantee on that incident. Apple reps were given the option to waive this years ago and pretty much it is done anymore. So Apple basically pays their techs to give free tech support.

Iphones that are dropped in a pond, smashed, or whatever or replaced. You are getting one back that looks perfect and works like new. If you run your six month year old car into the wall your insurance company is not going to give you 100% of what it cost's to buy a new one and they make you get multiple estimates.

Apple Care is not sold on the premise of a new device. It has a terms and conditions that you agree to. And it is one of the few paper things Apple Mails out.
 
Well first and foremost, just because Apple writes it, doesn’t mean it’s right or fair (that is what the challenge is). Is it it right that only one part of the agreement (between Apple and the customer) is established by Apple; only they decide what is equivalent to new.
That has been the case for years in the industry. Those little cards that said you couldn't make more then one copy of software except for archival purposes is just one example. AFAIK that required blind acceptance of of these one-sided contracts was never successfully challenged on the point you were effectively forced to agree to them because odds were the store you bought them from didn't except returns despite what the shrinkwrap license may have said. (I personally ran into this several times so don't say it didn't happen)
It’s rare these days for a consumer to get what is called an evergreen warranty, (they exist and typical in my industry, but that’s beside the point) one where the warranty clock resets after every repair, so if your two-year old monitor breaks, it is not unreasonable to receive a working monitor of an “equivalent“ age, however, if that same monitor is actually repaired, then I think it is reasonable to expect it to be done so with new components, e.g. a new motherboard.
So you are basically saying if you bought a 2019 (Intel) Macmini and two years later it needed the motherboard replaced you would be entitled to an M1 motherboard because the MacMini Intel motherboards wouldn't be "new" (Remember you can get AppleCare for three years). How does that make a lick of sense?!? :eek: No one in any industry does this.
 
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If I buy a new device and it stops working for whatever reason, I expect a new device in return under warranty.

Most warranties and insurances cover for repairs or like for like replacement.
If you have used your device for, say, 6 months, why would you expect a new replacement?

Good luck doing that with your car, bicycle, washing machine, etc...
 
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