Class Action Lawsuit Over Broken iPhone 4, 4s, and 5 Power Buttons Finally Proceeding to Trial

[MacRumors]

A class action lawsuit originally filed against Apple in 2013 over broken iPhone 4, iPhone 4s, and later iPhone 5 power buttons is finally set to proceed to jury trial in San Diego state court beginning October 25, 2019.

The lawsuit alleges that Apple knowingly sold the aforementioned iPhone models with "defective" power buttons and refused to properly remedy the issue. For this, Apple is accused of "deceptive" or "fraudulent" business practices, breach of warranty, and violating multiple California consumer laws.

The proposed class includes California residents who purchased an iPhone 4, iPhone 4s, or iPhone 5 from Apple or a third-party retailer:

iPhone 4 and 4S Class:

All California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase.

iPhone 5 Class:

All California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase.

In April 2014, Apple initiated a program offering free repairs of a "small percentage" of iPhone 5 models with power buttons that may "stop working or work intermittently," but the lawsuit alleges that the program went "unnoticed" and began "ten months after the initial complaint in this matter."

The class action lawsuit seeks damages in an amount to be proven at trial, plus restitution, injunctive, and declaratory relief. Apple denies all of the allegations in the complaint, and denies that it did anything improper or unlawful.

As with any class action lawsuit, proposed members can do nothing to remain part of the class, or opt out to retain the right to sue Apple individually.

(Thanks, Steve!)

Article Link: Class Action Lawsuit Over Broken iPhone 4, 4s, and 5 Power Buttons Finally Proceeding to Trial

 

[Villarrealadrian]

So much for quality products everyday is a new story about faulty apple products...

 

[truettray]

Seems like they should have gone after the home buttons? How many people out there were using the virtual home button on the 4 and 5 series?

 

[SnowFox20]

hmmmm. Ive never heard of anyone ever having a problem and Ive been fixing iPhones since the 3G.

 

[Pelea]

Apple has no legal obligations to sell power buttons that may or may not be faulty. It is a PRIVELIDGE to have used an iPhone 5. If it breaks you can always buy another or use apple care!!

 

[555gallardo]

Seems like a perfect time to switch from my Galaxy S10+ back to iPhone 4.

 

[Scottsoapbox]

One of the many problems with lawsuits: even if you win, it's years later.

 

[TokMok3]

What about swelling batteries on MacBook Pro mid 2015 ?

 

[MacFather]

Deleted.

 

[psac]

hmmmm. Ive never heard of anyone ever having a problem and Ive been fixing iPhones since the 3G.

I did have this problem, and the phone fell under the recall but then they wouldn't fix it for some other reason which I forget now, it's been a while. (Maybe a glass crack so they couldn't open without replacing the glass, too?)

My mother-in-law inherited the phone and had to use the accessibility virtual buttons to get around it.

 

[DotCom2]

Seems like they should have gone after the home buttons? How many people out there were using the virtual home button on the 4 and 5 series?

YEP! That's what I was going to say. I had more trouble with the Home button than this but Oh Well. I've moved on.
The only people who win on these are the attorneys.

 

[macduke]

So much for quality products everyday is a new story about faulty apple products...

This is an old story that also includes products produced when Steve Jobs was in charge of Apple. This is far from a new story about a new issue.

 

[iBluetooth]

So much for quality products everyday is a new story about faulty apple products...

This is quite an old story and we hear about every lawsuit against Apple. But, of course the lawyers follow the money.

 

[TMRJIJ]

Had this problem with my iPhone 4. Got a quick and free replacement at the Apple Store.
I seen numerous people with those virtual home buttons enabled but had no idea this kind of problem could sparked a lawsuit.

 

[iapplelove]

Man I wish I became a lawyer, even when they lose they win.

What a license to steal.

 

[Wildkraut]

One of the many problems with lawsuits: even if you win, it's years later.

And even if you win, you get nothing.
What’s with the rest of the world, from a non american point of view.
So... this is peanuts for Apple.
If they lose, just the 10th+ number after the point on their bank account will change down. They won’t even notice...

 

[Intellectua1]

Seems like they should have gone after the home buttons? How many people out there were using the virtual home button on the 4 and 5 series?

Not only that but continued to use that virtual home buttons on future models that had the home button out of fear it may just break one day. I've seen so many people with that virtual home button on their screens

 

[555gallardo]

And even if you win, you get nothing.
What’s with the rest of the world, from a non american point of view.
So... this is peanuts for Apple.
If they lose, just the 10th+ number after the point on their bank account will change down. They won’t even notice...

In this case, you'll probably get a free Power button replacement for your decade-old iPhone

 

[JosephAW]

My 4S has a weak home button. You have to press it several times. Also use the virtual button.
Nice if I could get a free repair. It also would be nice if Apple would allow carriers to unlock iPhone 4S devices. I tried to unlock mine and they said that Apple no longer allows this. I waited too long.

 

[barmann]

Man I wish I became a lawyer, even when they lose they win.

What a license to steal.

I wished I had product that's been the same for over a decade, is broken or redundant after a couple of years, and still people keep buying it over and over again .

 

[I7guy]

So much for quality products everyday is a new story about faulty apple products...

Yeah, but this is all Steve Jobs...100%.

 

[skitidetdu]

My wife has an ip4s with this problem but solved it by getting the 8.

 

[L-U-R-C-H]

That photo makes me miss the flush cameras.

 

[TMRJIJ]

Not only that but continued to use that virtual home buttons on future models that had the home button out of fear it may just break one day. I've seen so many people with that virtual home button on their screens

It's one of those things I'll probably still remember in childhood memories.

 

[jmkinny]

I had an iPhone 4s with that exact issue. I brought to the Apple Store and they fixed it. I don't remember if it was replaced with a new iPhone or just fixed the button issue itself.

I have had every model iPhone starting with the iPhone 3G. I've had a couple defective iPhones and Apple always repaired or most of the time, just replaced them.