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TechCrunch reports that a U.S. federal court judge has dismissed a class action lawsuit brought against Apple for reported failure to disclose manufacturing defects present in the company's iMac models.
The lawsuit stated that unwanted vertical lines would appear on the devices after the warranty period had expired and that Apple “internally recognizes and concedes” the defect, but did nothing to warn consumers.
As noted by AppleInsider, the suit was brought by a customer who purchased an iMac G5 in October 2006 and noticed vertical lines appearing on his display in March 2008. The dismissal of the class action suit reportedly stems from the plantiff's attempt to include all iMac customers in the class covered by the suit, even those who had experienced no problems and thus suffered no injury.
"These type of class actions are not suitable for actions where recovery of money damages is the primary relief sought by the plaintiff," Fogel wrote. "The purpose of this lawsuit is money damages. These pleading deficiencies are present despite the fact that Hovsepian has been given two opportunities to amend his complaint. Accordingly, the class actions will be struck without prejudice."
The class action suit and its dismissal are unrelated to the firmware update issued by Apple yesterday to address certain graphics issues on the company's latest 27" iMac models.

Article Link: Judge Dismisses Class Action Lawsuit Over iMac Screen Issues
 

Eriamjh1138@DAN

macrumors 6502a
Sep 16, 2007
655
493
BFE, MI
Shoulda bought AppleCare.

I bought my Intel iMac in Feb 2006 and it's still perfect. Why would anyone buy a G5 iMac in OCTOBER 2006? Must have been a refurb.
 
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Small White Car

macrumors G4
Aug 29, 2006
10,929
1,239
Washington DC
MacRumors said:
These pleading deficiencies are present despite the fact that Hovsepian has been given two opportunities to amend his complaint.

Wow. What an idiot. The court told him what to change and he still didn't do it?
 
Comment

Hemingray

macrumors 68030
Jan 9, 2002
2,921
33
Ha ha haaa!
Good. It was unreasonable to include all iMac owners, regardless of if they experienced the issue or not.

And I second that, he should have bought AppleCare!
 
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lamadude

macrumors 6502
Jan 12, 2006
432
0
Brussels, BE
Shoulda bought AppleCare.

I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.
 
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ipoppy

macrumors 6502
Oct 12, 2006
423
9
UK
Shoulda bought AppleCare.

I bought my Intel iMac in Feb 2006 and it's still perfect. Why would anyone buy a G5 iMac in OCTOBER 2006? Must have been a refurb.

I bought it and with Apple care. In 2007 power supply module failed and it was replaced under Apple care. Two weeks ago I got that vertical lines issue and I have discovered that my logic board is dead. No Apple care anymore and special program for logic board replacement ended year and a half ago. I have phoned Apple I told them that it wasn't fair to replace power supply module only back in 2007 if they knew about logic board problem!!! Nice lady "supervisor" basically told me "kiss my shiny a**" and bye bye.
Now i got to sell iMac G5 for spares on ebay for £100 if lucky. For the Apple, being with them many years, their product by quality are getting worst year by year along with their customer service.
By the way I have learnt one thing; never buy first model in line...wait for revision. So far that rule worked for me...of course except that iMac.
 
Comment

Hemingray

macrumors 68030
Jan 9, 2002
2,921
33
Ha ha haaa!
I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.

Apple isn't the only one with a 1 year standard warranty. Dell is another. It's pretty common in the U.S. However, I agree that 1 year standard is a joke, and I would love it if they would pass a law to force a 2-year warranty in the U.S. :)
 
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eastcoastsurfer

macrumors 6502a
Feb 15, 2007
600
27
Wow. What an idiot. The court told him what to change and he still didn't do it?

I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.
 
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oldwatery

macrumors 6502a
Sep 16, 2003
779
377
Maui
I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.

Yeh that's right. Use the good old USA sue em tactic.
Always gets the desired results. Like lining the lawyers pockets.
I had a big problem with my MBP but an email to Steve Jobs and some great follow up support from Apple resolved them. No product is perfect and in life you have to expect some downs as well as up's.
This whole class action crap is just that...crap!
Fight your own fights. Be reasonable and companies like Apple will respond positively. Do you really think they just turn a blind eye to problems with their gear?
They would not be half the success they are if they did that would they. :)
 
Comment

kingtj

macrumors 68030
Oct 23, 2003
2,606
747
Brunswick, MD
Yeah, basically ....

I agree that this guy was an idiot, not to amend his complaint into something the court would accept (after *2* opportunities, even?).

But IMHO, this might be worth pursuing. One of my good friends bought a new iMac 17" Intel machine, and it has vertical lines down the left-hand part of the display already. She was on a tight budget, and only *barely* was able to afford a new Mac instead of a cheaper generic Windows PC. Applecare was out of the question, since it bumped the price even higher.

But still, it lasted JUST long enough to be outside the 1 year standard warranty before the screen started acting up, and the cost to do the repair on this system is over 60% of the total cost to buy another used one!

I did some digging online, and found out that quite a few of the 17" Intel iMacs suffered from this exact same issue. Larger screen versions, not so much. Definitely seemed to be an issue with the supplier they got the 17" panels from, and I'm pretty sure Apple is aware of it by now. (They have to be covering enough of them under the 3 year Applecare warranties to know what's going on.)

Since the 17" Intel iMac was only offered for a brief period of time, and was mainly sold to the educational market though, I bet they think they can "slide" on offering to make good on repairing the ones out there like my friend's.... (Most educational customers would have either purchased the extended warranty, or would just pay full price for the repairs as needed without hassling with it.)


I agree. Hopefully now he'll listen, make the changes and refile. Apples quality has gone right down the crapper lately. Hopefully a couple class actions will make them improve again.

I say this typing from a SR MBP that has had the mobo replaced for the graphics issue, the battery replaced, and it still drops key strokes.
 
Comment

kinless

macrumors regular
Apr 2, 2003
156
214
Tustin, California
Phew!

How funny. I called Apple's tech support and mentioned this pending class action lawsuit as leverage to get mom's 2006 C2D 17" iMac fixed for free (both mobo and screen) when it started showing those vertical lines a few months ago.

I never get AppleCare because I take apart machines constantly and most of the time can fix things myself. (The iMac was one of the few exceptions since the parts themselves were expensive, but like many others I fought for it and got it fixed out-of-warranty.)

Glad I got it taken care of sooner rather than later.
 
Comment

oldwatery

macrumors 6502a
Sep 16, 2003
779
377
Maui
Apple isn't the only one with a 1 year standard warranty. Dell is another. It's pretty common in the U.S. However, I agree that 1 year standard is a joke, and I would love it if they would pass a law to force a 2-year warranty in the U.S. :)

I also wish Apple would go for a 2 year warranty as the product is a premium brand and as such they should offer a premium coverage.
But I absolutely don't agree that this should be law.
A company has a right to do what it wants in this regard and as a consumer you have a right to buy a different product.
Too many bloody laws over here already.
 
Comment

Burai

macrumors newbie
Mar 12, 2005
27
0
I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.

In the UK it's similar.

You get a one year warranty whereby you can return the item to the retailer for a new replacement. After a year, you are covered for the "natural lifespan" of the product, but only if you can prove that the product wasn't fit for purpose as the result of a manufacturing defect. At this point, the retailer is absolved of responsibility and your contract is with the manufacturer. However, you can ask the retailer to sort out repair with the manufacturer on your behalf.

Apple Care works in this instance because wear and tear isn't covered by the lifetime warranty. I'd recommend Apple Care to anyone buying a MacBook because notebooks do take a ton of punishment in the course of everyday typical usage.
 
Comment

RedTomato

macrumors 601
Mar 4, 2005
4,062
360
.. London ..
I always get AppleCare for laptops, as they have so many built-in moving parts which are expensive to replace, but to be honest, I wouldn't have brought AppleCare if I was buying an iMac or MacPro.

Their moving parts (keyboard, mouse, HD, DVD drive etc) are easier to replace on the cheap and they spend most of their life sitting in one place.
 
Comment

tundrabuggy

macrumors member
Jul 16, 2009
71
0
What?

I don't agree with that, if you buy a computer it should not break down after a year or so, only having a standard warranty of 1 year is a joke. Here in Belgium if you sell something you need to give at least 2 years of warranty by law. All computer makers do this, but with apple you need to nag and nag (I even had to mail them the law articles that state this) before they agree to help you out.

1 Year is reasonable and you have the option to buy more warranty if you wish. Apple could make it a 2 year warranty, they would simply raise the price to accommodate the additional year. Thats exactly what is happening in Belgium right now, if the government is forcing companies to provide 2 year warranties, I guarantee that the Belgium companies are padding their prices to cover the enforced warranty. It would be idiotic to think otherwise.
 
Comment

theheadguy

macrumors 65816
Apr 26, 2005
1,140
1,367
california
It was dismissed without prejudice; lawyers, doesn't that mean he can file again? Maybe this time he'll do it correctly.
 
Comment

eastcoastsurfer

macrumors 6502a
Feb 15, 2007
600
27
Yeh that's right. Use the good old USA sue em tactic.
Always gets the desired results. Like lining the lawyers pockets.
I had a big problem with my MBP but an email to Steve Jobs and some great follow up support from Apple resolved them. No product is perfect and in life you have to expect some downs as well as up's.
This whole class action crap is just that...crap!
Fight your own fights. Be reasonable and companies like Apple will respond positively. Do you really think they just turn a blind eye to problems with their gear?
They would not be half the success they are if they did that would they. :)

People wouldn't have to sue if companies did the right thing. For example, my MBP pro still drops keystrokes. It's a known issue that is supposedly fixed after a firmware update, but it's not fixed. Post on Apple message boards and it's immediately deleted. This is some design flaw that was missed by QA. Should all products be perfect and have no issues? Of course not. Should companies stand by their products that they will work as intended? Absolutely.
 
Comment

Diode

macrumors 68020
Apr 15, 2004
2,436
114
Washington DC
Apple isn't the only one with a 1 year standard warranty. Dell is another. It's pretty common in the U.S. However, I agree that 1 year standard is a joke, and I would love it if they would pass a law to force a 2-year warranty in the U.S. :)

And have prices rise to compensate? No thanks - I'll just continue to buy things with my Amex that offers to double the warranty.
 
Comment

MTI

macrumors 65816
Feb 17, 2009
1,108
6
Scottsdale, AZ
Although not clearlys stated in the article, this is the Hovsepian v. Apple, Inc. lawsuit. It's my understanding that there is at least one other similar action on the vertical line issues.

Dismissal, without prejudice, is not a final adjudication. Unless there are other qualifying barriers, such as a statute of limitations issue, diversity of parties or amount in controversy requirement that cannot be met for federal court jurisdiction, the suit could be brought again, certainly by another plaintiff.

Like the issue with the substandard electrolytic capacitors that plagued the computer industry earlier, the issue with the LCD panels are clearly a manufacturing defect in the panels. The issue affects LVDS panels that Apple used in the early Intel iMacs and given the design of the iMac, it renders the entire device nearly useless.
 
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Mattie Num Nums

macrumors 68030
Mar 5, 2009
2,834
0
USA
One of the most frequent repairs while working at Apple...

661-3351/661-3350 - Bad Power Supply Repairs
661-3627/661-3613/661-3612 - Logic Board with Bulging Capacitors causing verticle lines or no power.

Probably did 15-20 a week, most without Applecare covered by an Apple REP.
 
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jne381

macrumors regular
Feb 27, 2006
208
0
Grand Rapids
Quite honestly, if Apple knew of the defect, or didn't know, they are still responsible for it even if the warranty is out of date. The failure of this case was in the fact the plaintiff did not amend the pleadings in the manner the judge described them. Why he didn't, I have no idea. I don't know if he can bring the complaint again, but I assume someone else is free to do so. Once they are in discovery, they can get the documents form Apple determining if they did in fact know and when they knew of this defect.
 
Comment

ArrowSmith

macrumors regular
Dec 15, 2009
247
0
The bottom line is here is a double-standard. All class action suits against MSFT go forward, but immediately quashed if Apple is being sued. I suspect Apple is paying off judges.
 
Comment

Mal

macrumors 603
Jan 6, 2002
6,249
17
Orlando
The bottom line is here is a double-standard. All class action suits against MSFT go forward, but immediately quashed if Apple is being sued. I suspect Apple is paying off judges.

Hardly. Apple has had to pay out on class-action lawsuits previously. This one just didn't have any merit.

jW
 
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