Law Firms Consider 'Error 53' Lawsuits Against Apple as Some Stores Authorized for Repairs

[Zirel]

The lawyers always win.

Some stupid people are really stupid. Like the SMS/iMessage case that was promptly dismissed.

 

[ApfelKuchen]

Let's see... Lawmakers Insist on Kill Switch... Lawmakers Insist on Back Door... Lawmakers Insist on No Kill Switch...

A headline like, "Replacing Parts Bypasses iPhone Security" would be a whole lot worse than the headlines Apple's getting now.

Folks are referring to "bricking" as if the thing becomes a molten pile of slag. Overall, if Apple provides a method for restoring function (and there's no reason they can't, since the error condition is triggered by software), then the harm is temporary, and the lawyers go home empty-handed. It simply becomes another software bug, and everyone who's ever clicked "Accept" on a Terms & Conditions window has already accepted that risk.

Meantime, security features like Touch ID and the standard passcode lock are critical to iPhone's acceptance in corporate and government purchasing circles. Apple is likely to err on the side of caution, and Apple would have no problem locating security experts willing to support Apple's position in court. "Your honor, speaking on behalf of the Department of Defense...."

The "It's illegal!!!!" crowd could argue that the "smart" solution - disabling Touch ID without disabling the rest of the iPhone - would still be illegal if a third-party part was used. They'd argue, "Any part, from any supplier, has to restore the unit to full function." That would be an argument that should not stand. Privacy is a more fundamental right than "repairing with any part I want."

I don't know how it is outside of the U.S., but I've gotten all sorts of annoying popups and even hardware non-function when using third-party printer cartridges (and third-party refills of original equipment cartridges). Where are all the headlines and lawsuits?

 

[nia820]

I usually for 3rd party parts and servicing. However, touch ID is a security issue. Your touch ID linked to signs ins for apps and payment methods. It makes perfect sense that Apple wants full control of it.

However there should have been transparency about this so people didn't wind up with bricked phones.

 

[mrochester]

but the damage isnt caused by the part or service but because of apples reaction to it.

That doesn't make any sense. If the phone is doing some sort of authenticity check as part of the upgrade, and the part fails the authenticity check because it's not a genuine, recognised part, that's the fault of whoever installed the unauthorised part, not Apple.

In this instance, if you thought you were buying a genuine part and it turns out it isn't, you need to take the device back to the repairer and ask them to rectify the issue. If you knowingly bought a non-genuine part, you need to appeal to Apple's good will to help you out. Of course, they may decline to help you.

 

[bazzasc]

Again, you were ridiculous enough to do it. Of course they want you to pay money, they have to replace your parts with genuine parts. You don't understand the risks. Here's my last post on this same matter "All of you are nincompoops. For one thing, the article is just stating that Some Apple Stores are authorized for repair. No where does it say that someone took their phone to an apple store or an authorized apple service provider and had it brick. They only use genuine parts there... Im a technician, so I know. So you all need to read more critically. Second of all, if the TouchID sensor is replaced (or a screen for that matter that breaks one of the ribbons), then TouchID and ApplePay ARE disabled. Along with that, on the next update, it will brick the phone. But it IS disabled. Honestly, if you're going to say "it's a big security risk not disabling touchID and apple pay before bricking the phone" then you need to do the repairs yourself and see whether it does or not. I have done them. Before I even knew about error53, I just thought apple was cracking down on screen replacements and disabling TouchID and ApplePay, because the Customer said that wasn't working. .. If I restored the original screen, it worked fine. So they said they could live without touchID... Then they updated and it error'd. Same with breaking the ribbons... If you pry the TouchID sensor too fast, the pins and ribbons will bend and rip a little (i've seen it under a magnifying glass), and therefore iOS won't be able to correctly identify the sensor. TouchID will disable, and your phone will brick. So seriously, people, read more critically. I mean really? What do they teach in schools these days. The Title even says "Law Firms Consider 'error 53' lawsuits against apple as some stores authorized for repair' it just means Apple is authorizing repairs, as they are fixing to get sued. Now let's analyze. If the title ended with '. . .authorized for repair are bricking phones' then yes, that is what that would mean. Seriously, take a literature class people. But there you go. As a Computer Technician, I am behind Apple on this one. If you're ridiculous enough to get your phone replaced via Third-Party or some unauthorized repair place, then so be it. Those screens have wacky voltage, the cameras have weird voltage, so it's no wonder they don't want it. I've burnt several screens out before I realized to stop. It's just something they want. They can't be sued by it.. The customer causes damage by doing it, all Apple has to say is that prying the touchID sensor up to fast can rip the cable, which it totally can, causing the brick-age of the phone." And no, Apple isn't going to retrieve your data for you. That's ridiculous. It's your fault. That's why they are called THIRD PARTY. Maybe instead of skimping out on low-quality repairs, you'll go and either buy a case, or you'll get it repaired at the manufacturer.
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It does disable it... Have any of you never replaced a stinking phone before??? Apple's own statement even says that it does. Being a technician, I know. It disabled TouchID and any touchID related features.

Sorry but I only read posts where there is a semblance of an attempt to use paragraphs....I would suggest the effort you put into writing it was a waste of time

If you read my posts you will see I am not blaming Apple without consideration they may be right....I have just not seen anything convincing as to why it has happened and there was no indication it would happen. If it was my fault then so be it.....

This is a grey area it is clear but the one big failure has been Apple PR

 

[69Mustang]

if you used an authorized repair facility and they bricked your phone. Then the issue is with that repair facility. They are responsible to perform repairs with original parts and with the proper technique.

With touchID being responsible for so many sensitive functions and apps. Do you really want to risk your iPhone stolen, Touch ID replaced and all your credentials stolen???

Dunno about you, but my passwords being safe is worth more than my iPhone.

How would this protect your passwords? Error-53 didn't stop the unauthorized part from working. The guy from the original story had his phone repaired in Sept. He updated in Jan and that's when the Error-53 kicked in. Where was the "security" in Sept, Oct, Nov, Dec, and January before the update?

The fear-mongering about passwords and account data being stolen needs to stop. Afaik, it's all been conjecture without a single substantiated instance of an occurrence happening or being thwarted.

 

[SusanK]

This is ludicrous. If Apple didn't protect against this vulnerability, they would be on the hook for fraudulent CC charges and probably identity theft. Protection of the secure enclave is one of the biggest selling points of iOS.

I don't think so. Is there a hold harmless in the Apple Pay agreement?

 

[KiwiAdventure]

Here we go again.

If a person makes repairs to a product I sold them by a non third party repairer then their warranty is void simple go away or buy a replacement.

Those who take these risks know they are gambling just like you do purchasing anything cheap.

Do I feel sorry for them hell no.

 

[Piggie]

I may be incorrect, but I believe that in the terms of use Apple states using unauthorized 3rd party repair shops may void your warranty and lead to unexpected results, even those rendering the device unusable.

Solution? DON'T utilize unauthorized 3rd parties!

How would you feel about this if the Apple car and ALL car makers used these terms, so you had to go back to the main dealer for every car repair?

 

[TechZeke]

Honestly I would not use a third party place myself anymore. I had my screen replaced by a place in the mall for $100, and the screen was garbage.

Exactly. Cousin cracked the screen of her 5C, got it replaced for cheap, but the cover glass was 2-3x as thick as the Apple one, meaning the glass was still taller than the lip of her new case. Cracked it again.

It's honestly better just to spend the money and get genuine parts. If you're going to go hungry or can't pay rent over a $130 screen repair from Apple, you probably should get something cheaper than a $500-$700 iPhone. (Cheap android phones are actually starting to be pretty nice phones)

 

[SusanK]

Let me ask you this: Should I have my barber fix my car's transmission?




That would be NO! And if I did, I wouldn't expect Honda to fix it when it broke or didn't work...why...because my barber isn't qualified nor is he an authorized mechanic for Honda. The same thing applies here. People take their iPhones to un-authorized retailers to get it fixed and the complain when Apple disables the device?

So, the lesson of the day...take your **** to the right people if you want it to work.

If your dealer serviced Honda breaks down do you call the Honda certified transport service to deliver it to Honda for repairs?

 

[Fenez]

Has anyone at all ever changed a touch I'd sensor and been able to break into the secure data?...up until this point people have changed finger print sensors and continued to use their phones... Has there been even one report of any security problems? I see plenty of people posting that it's possible, until at least one person has reported it.....its not possible...

 

[iNosey]

Sorry but I only read posts where there is a semblance of an attempt to use paragraphs....I would suggest the effort you put into writing it was a waste of time

If you read my posts you will see I am not blaming Apple without consideration they may be right....I have just not seen anything convincing as to why it has happened and there was no indication it would happen. If it was my fault then so be it.....

This is a grey area it is clear but the one big failure has been Apple PR

Then read my post and maybe you'll see why.

 

[Matthew.H]

How would you feel about this if the Apple car and ALL car makers used these terms, so you had to go back to the main dealer for every car repair?

They can't because it would be illegal. It's illegal for car makers to force you to have the car repaired at a dealership.

 

[macfacts]

I may be incorrect, but I believe that in the terms of use Apple states using unauthorized 3rd party repair shops may void your warranty and lead to unexpected results, even those rendering the device unusable.

Solution? DON'T utilize unauthorized 3rd parties!

The EULA says it is right so that is that? Lol

The iPhone gets bricked after a check during iOS updates. It doesn't brick right away.

Car analogy would be when you take in your Ford car to the Ford dealership for an oil change and they see you used non-ford authorized tires and Ford decides to brick your ignition.

 

[iVoid]

"PVCA is planning to represent customers for free"

Except they'll probably take 95% of any settlement.

 

[doelcm82]

It does disable it... Have any of you never replaced a stinking phone before??? Apple's own statement even says that it does. Being a technician, I know. It disabled TouchID and any touchID related features.

I don't think you read my post very carefully...., so your reply is to something I didn't say.

 

[beanbaguk]

Ah greedy lawyers, how predictable.

But of course Apple aren't greedy for rendering an iPhone useless, forcing a consumer to buy another.

Oh the hypocrisy!!!

 

[apolloa]

With few exceptions, it is illegal in the US and apparently much of the EU, to require that a consumer use only the manufacturer's parts or service centers.

That's why anyone can add non-Apple memory to their Mac, and why anyone can use a non-Ford battery in their car.

And that's also why the Apple Warranty only says that DAMAGE caused by such activities can void the warranty. So one question is, did the third party part cause the damage. Or was it Apple's OS change.

Perhaps Apple should provide a service to re-link sensors, just like locksmiths have to program automobile key fobs.

This, as I posted before I felt it was against the EU anti competitive rules or some other law. And indeed it appears it does.

 

[happywaiman]

Another lawyer got high too much in school.
When you buy an iPhone, you have the full control of iPhone hardware, and a USAGE permission of iOS UNDER EULA
iOS does not promise you the usage under any service you do in a back alley, in fact iOS EULA doesn't even promise you a functional iOS. There is no warranty there, and I don't think there's a country tie hardware and software together. (Otherwise Android will have two years update)
You break the hardware, you decided not to spend a little more to fix it in a place with employee background check and a proper service, you decide to fix it in a shop that has no known relation to Apple, you bear the risk.

 

[iNosey]

I don't think you read my post very carefully...., so your reply is to something I didn't say.

Oh really? Well, I don't care... My post gets the point across and actually explains to imbeciles what actually happens at a Third-Party repair center.

 

[Lightsaber]

In order for apple to get away with this they need to change their terms of sale. There is currently nothing in their sales agreement saying they have the right to effectively destroy your investment in your phone at any time of their choosing for any reason of their choosing. If they want to take this approach they will need to buy back the phones of each customer not agreeing to these conditions, starting with the three I just bought for my family.

 

[thehonuohana]

And the sharks circle.

RE: the touch ID- I think it is VERY hard to argue Apple is in the wrong here. TouchID is central to the security of Apples newer products, and I for one think apple did the right thing making sure if the hardware was tampered with in any way it shut things down. Let's be real- if Apple hadn't did this sooner or later someone would have exploited this, and Apple would of faced huge lawsuits from not only consumers but the financial institutions affected as well.
And the idea of simply adding some message pop-up when the integrity of the touchID was compromised? A majority of users would ignore it and click through (and many of those same people would later join the lawsuits claiming Apple did not take enough steps).

 

[bazzasc]

Then read my post and maybe you'll see why.

I tried but it was too painful to do so

 

[iNosey]

I tried spacing it out for you, but it didn't format it right on the site. Just read it, maybe then you'll see.