Does This Merit A Lawsuit?

[MrGreek1989]

If Apple sold me a refurbished iphone 6 as new (full-priced) in fall 2014, can I and should I sue them?

March 2017 I had issues with my Iphone 6 antenna - (~$8 component); I took the phone to 2 apple stores, both said I could only trade it in and buy a new phone ~$300-400 vs. fixing the $8 component, so I went to 'iFixYouri' in Boston. ***This is the first time I ever opened my phone since purchasing it at the Apple Store in the fall of 2014.

The tech from iFixYouri was great and said it was the easiest/cheapest fix they do ($20 total)... he also said, just an FYI, 'the reason your phone antenna needed to be replaced is because you bought a refurbished phone'... Obviously I was startled by this and told him it was the first time I have ever had the phone repaired or opened since buying it new directly from Apple... and he explained that he looks at hundreds of iphones, and refurbished phones typically have 1. marker on the interior and 2. the water sticker is often replaced by hand if a phone is refurbished from water damage and is not in the right place.

I later took the phone back to the apple store and told them what the tech told me... a tech took the phone into the back and said 'there was no marker and the sticker has not been replaced, so no worries'. When I told her I had a picture of the marker and sticker, she got very nervous and said, 'I am sorry, we cannot help you'.

Anyone know if this has happened before? What can I do about it? Can anyone confirm what the tech told me that it looks refurbished?

*I am not a conspiracy theorist and have never sued anyone before... but my iphone 6 has been terrible since 2014

Picture below: notice the white sticker placement/the glue beneath it, and the purple marker in a supposedly new iphone:

 

[wsbsteven]

You could but it wouldn't be worth it in the end. Small claims would be a better option if you're that motivated.

 

[The-Real-Deal82]

If you bought it as new and it wasn’t advertised to you as ‘refurbished’ then yes I would say you’re entitled to be compensated. In Europe it would be covered under the sale of goods act due to it failing as a secondhand product. I’d pursue it.

 

[Knowimagination]

So your "refurbished phone" that lasted you 3 years with no issues and then finally had a minuscule antenna problem that was fixed cheaply is now not good enough because it might not have been new?

If your iPhone was terrible since you got it then why didn't you have apple replace it under warranty? If you discovered all this in March of this year why are you just now trying to decide what you should do about it in November?

So no, you shouldn't sue.

 

[Mac7]

I’m not sure what would indicate if a phone was refurbished but what would your argument be in court? Some guy at a phone repair shop told you it’s refurbished?

 

[The-Real-Deal82]

OP, I would see if you can make a small claim. In the UK it costs about £25 and worth a shot. It would probably be similar in the States. Regardless of time period, if your phone was sold to you ‘as new’ and was in fact refurbished, then it was mis-sold. You just need to be able to prove it with the original receipt etc.

Might be worth abandoning this thread though as some here feel it’s their duty to defend Apple to the death lol. Abandon ship, mate

 

[MrGreek1989]

So your "refurbished phone" that lasted you 3 years with no issues and then finally had a minuscule antenna problem that was fixed cheaply is now not good enough because it might not have been new?

If your iPhone was terrible since you got it then why didn't you have apple replace it under warranty? If you discovered all this in March of this year why are you just now trying to decide what you should do about it in November?

So no, you shouldn't sue.

1. I never got apple-care to begin with
2. Not sure what it has to do with this situation, but it was fixed from the shop Apple techs recommend using, and the highest rated repair shop in town.
3. As you can imagine, a lawsuit would involve a significant personal investment of time... my phone is at a point where it is barely usable, but before trashing it, I want to explore this.

 

[caesarp]

If Apple sold me a refurbished iphone 6 as new (full-priced) in fall 2014, can I and should I sue them?

March 2017 I had issues with my Iphone 6 antenna - (~$8 component); I took the phone to 2 apple stores, both said I could only trade it in and buy a new phone ~$300-400 vs. fixing the $8 component, so I went to 'iFixYouri' in Boston. ***This is the first time I ever opened my phone since purchasing it at the Apple Store in the fall of 2014.

The tech from iFixYouri was great and said it was the easiest/cheapest fix they do ($20 total)... he also said, just an FYI, 'the reason your phone antenna needed to be replaced is because you bought a refurbished phone'... Obviously I was startled by this and told him it was the first time I have ever had the phone repaired or opened since buying it new directly from Apple... and he explained that he looks at hundreds of iphones, and refurbished phones typically have 1. marker on the interior and 2. the water sticker is often replaced by hand if a phone is refurbished from water damage and is not in the right place.

I later took the phone back to the apple store and told them what the tech told me... a tech took the phone into the back and said 'there was no marker and the sticker has not been replaced, so no worries'. When I told her I had a picture of the marker and sticker, she got very nervous and said, 'I am sorry, we cannot help you'.

Anyone know if this has happened before? What can I do about it? Can anyone confirm what the tech told me that it looks refurbished?

*I am not a conspiracy theorist and have never sued anyone before... but my iphone 6 has been terrible since 2014

Picture below: notice the white sticker placement/the glue beneath it, and the purple marker in a supposedly new iphone:
View attachment 739139

Sue for what exactly -- what are your damages? The difference between the value of a refurbished phone and a new one? And what made you think the antenna had issues -- had would any person even know that for certain? You may have been entirely wrong about that.

 

[MrGreek1989]

I’m not sure what would indicate if a phone was refurbished but what would your argument be in court? Some guy at a phone repair shop told you it’s refurbished?

Good point... I would use the picture / interior of the phone that is reflective of a refurbished iphone (marker / replaced sticker etc.)

 

[Knowimagination]

1. I never got apple-care to begin with
2. Not sure what it has to do with this situation, but it was fixed from the shop Apple techs recommend using, and the highest rated repair shop in town.
3. As you can imagine, a lawsuit would involve a significant personal investment of time... my phone is at a point where it is barely usable, but before trashing it, I want to explore this.

You don't need apple care to have your phone replaced under warranty. If you were having issues with it you should have taken it back to apple.

This is at best a small claims issue and I am not even convinced that you would win based on what you have provided.

 

[MrGreek1989]

Sue for what exactly -- what are your damages? The difference between the value of a refurbished phone and a new one? And what made you think the antenna had issues -- had would any person even know that for certain? You may have been entirely wrong about that.

I may have been, the bluetooth was not working at all, and my GPS/Wifi reception was very spotty. my own research suggested it was the antenna, and the apple tech confirmed. Once he replaced it, the bluetooth worked fine and GPS improved significantly...

 

[Knowimagination]

I may have been, the bluetooth was not working at all, and my GPS/Wifi reception was very spotty. my own research suggested it was the antenna, and the apple tech confirmed. Once he replaced it, the bluetooth worked fine and GPS improved significantly...

So a failed antenna outside of the warranty period is your claim to damages? You won't stand a chance, there is no way you could prove that a refurb unit was the cause of the failure 3 years later which means 2 years outside of a warranty.

 

[Absrnd]

Having it repaired and opened by a non Apple technician is already end of your chance,
but Yes please sue, and have your 0,00001 sec of fame

 

[Helmsley]

So a failed antenna outside of the warranty period is your claim to damages? You won't stand a chance, there is no way you could prove that a refurb unit was the cause of the failure 3 years later which means 2 years outside of a warranty.

Yep, you're spot on. I worked in law and the OP would be wasting their time.

The best you can hope for OP is a goodwill gesture from Apple. But even that is highly unlikely.

 

[legioxi]

Good point... I would use the picture / interior of the phone that is reflective of a refurbished iphone (marker / replaced sticker etc.)

Yes but you would need proof that those items indicate it is refurbished. You only have the anecdotal comment from a repair tech that doesn't even work for Apple.

 

[noobinator]

Yes, go ahead. Let us know if you can get $100 out of this lawsuit after 3 years of a functioning phone.

 

[TwitchyPuppy]

1. I never got apple-care to begin with
2. Not sure what it has to do with this situation, but it was fixed from the shop Apple techs recommend using, and the highest rated repair shop in town.
3. As you can imagine, a lawsuit would involve a significant personal investment of time... my phone is at a point where it is barely usable, but before trashing it, I want to explore this.

If you buy a defective iPhone from the Apple Store, no need to have AppleCare to get it replaced.

 

[JamiLynee]

1. I never got apple-care to begin with
2. Not sure what it has to do with this situation, but it was fixed from the shop Apple techs recommend using, and the highest rated repair shop in town.
3. As you can imagine, a lawsuit would involve a significant personal investment of time... my phone is at a point where it is barely usable, but before trashing it, I want to explore this.

I think you're going to spend more on the lawsuit and probably lose (it's 3 year old technology - that's near geriatric!) than you would just accepting your loses and move on. Next time buy new instead of scrimping to save a buck.

 

[DNichter]

Not sure it's really worth it in the long run

 

[147798]

If Apple sold me a refurbished iphone 6 as new (full-priced) in fall 2014, can I and should I sue them?

March 2017 I had issues with my Iphone 6 antenna - (~$8 component); I took the phone to 2 apple stores, both said I could only trade it in and buy a new phone ~$300-400 vs. fixing the $8 component, so I went to 'iFixYouri' in Boston. ***This is the first time I ever opened my phone since purchasing it at the Apple Store in the fall of 2014.

The tech from iFixYouri was great and said it was the easiest/cheapest fix they do ($20 total)... he also said, just an FYI, 'the reason your phone antenna needed to be replaced is because you bought a refurbished phone'... Obviously I was startled by this and told him it was the first time I have ever had the phone repaired or opened since buying it new directly from Apple... and he explained that he looks at hundreds of iphones, and refurbished phones typically have 1. marker on the interior and 2. the water sticker is often replaced by hand if a phone is refurbished from water damage and is not in the right place.

I later took the phone back to the apple store and told them what the tech told me... a tech took the phone into the back and said 'there was no marker and the sticker has not been replaced, so no worries'. When I told her I had a picture of the marker and sticker, she got very nervous and said, 'I am sorry, we cannot help you'.

Anyone know if this has happened before? What can I do about it? Can anyone confirm what the tech told me that it looks refurbished?

*I am not a conspiracy theorist and have never sued anyone before... but my iphone 6 has been terrible since 2014

Picture below: notice the white sticker placement/the glue beneath it, and the purple marker in a supposedly new iphone:
View attachment 739139

Hey Mr Greek, I think you should just let it go.

You had 2 1/2 trouble-free years and you had an opportunity to buy an extended warranty. There is no definitive proof that it was refurb, only hearsay from a tech (are they going to show up at your trial? If not, you can throw out their testimony).

Even if it was true (I have no idea if it is or isn't) you had the phone a long time, the refurb condition did not impact your use of the phone during that time, you can't prove any damages, and the idea that it's refurb is based on someone's observations who won't likely show up with you.

And even if you could prove all this, what are the damages? Maybe $100 price difference, depreciated over 2 1/2 years. Maybe that's like $30? You don't want to be bitter and go through all this effort for $30.

Sorry, but I'd suggest you just move on.

 

[Apple_Robert]

No, it doesn't merit a lawsuit. And if you went to court, you would lose.

 

[MrGreek1989]

You don't need apple care to have your phone replaced under warranty. If you were having issues with it you should have taken it back to apple.

This is at best a small claims issue and I am not even convinced that you would win based on what you have provided.

Having it repaired and opened by a non Apple technician is already end of your chance,
but Yes please sue, and have your 0,00001 sec of fame

lol. Your right, I am so worthless that I am going to sue apple to become famous and people will love me
[doublepost=1511986166][/doublepost]

Hey Mr Greek, I think you should just let it go.

You had 2 1/2 trouble-free years and you had an opportunity to buy an extended warranty. There is no definitive proof that it was refurb, only hearsay from a tech (are they going to show up at your trial? If not, you can throw out their testimony).

Even if it was true (I have no idea if it is or isn't) you had the phone a long time, the refurb condition did not impact your use of the phone during that time, you can't prove any damages, and the idea that it's refurb is based on someone's observations who won't likely show up with you.

And even if you could prove all this, what are the damages? Maybe $100 price difference, depreciated over 2 1/2 years. Maybe that's like $30? You don't want to be bitter and go through all this effort for $30.

Sorry, but I'd suggest you just move on.

Thanks - helpful feedback I was looking for.
[doublepost=1511986279][/doublepost]

I think you're going to spend more on the lawsuit and probably lose (it's 3 year old technology - that's near geriatric!) than you would just accepting your loses and move on. Next time buy new instead of scrimping to save a buck.

To clarify - I bought the phone new in November 2014 about a month after the 6 was released

 

[Newtons Apple]

Do you have a receipt when Apple sold you the phone as new?
Do you have more proof the phone is refurbished. The repair guy does not count.

You are from Boston so you must know a lawyer. Sit down and explain and he will talk you out of it if he is a good lawyer, he will ask for a retainer if he is not.

I would hate to be in a place where I was suing Apple.

Lawyers love people like this!

 

[andyw715]

I think by opening it up by a non-apple person puts you in the "aint-happening" camp.

 

[Tgrey]

maybe Apple recycle some parts