Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Good luck.

If they've offered an out of court settlement before the trial, they know there's a good chance they're gonna lose.

Not the sort of behaviour I'd expect from Apple to be honest.
 
Whilst I can understand both sides, surely it's clear that you are the registered owner and originator of the mail in ?

If this can be proved to Apple then the circumstances and approach should be simpler, just say to Apple you have still not returned my laptop, the fact you know what may of happened is not worth explaining and clouds the issue, just stick to the point the laptop has not been returned to you

Best of luck
[doublepost=1536618926][/doublepost]Simply great advice!
 
i think you will win based on merits.

Fact is, Apple can afford to send a real lawyer, but chose not to. And, they did choose. The store manager wasn’t a last choice, it was the first choice because they knew they were wrong and they knew the judge would get torqued if s/he saw Apple muscling a customer. So, why didn’t they just settle and send a replacement laptop? Either they don’t want to appear too easy. Or, it was simply a low tier Apple lawyer who pencil whiped an order to appear - to the local store manager.

I would guess the judge was none too happy to hear from a poorly informed local store manager who was never involved in the chain of events. Would likely be seen as “wasting the court’s time”.

Interested to hear the outcome.
 
  • Like
Reactions: MikeVera
good luck OP! I am surprise apple did not try harder to settle this out of court and avoid a verdict that could have all kind of future implications
 
Alright, the small claims court hearing was today. I should receive a judgment within 2 weeks.

Apple sent a very nice store manager from a nearby Apple store to represent them. Clearly she did not have very good legal understanding of the problem, but at least she was a very nice person. I was offered a settlement of $1,000 just before the trial, and I think her authority was capped at that sum since there were no chance to negotiate up by even a penny.

The judgment depends on the point whether or not Apple is at fault due to the wrong name on the label.
Best of luck

I assume even as a worst case scenario even if the court believes only partial fault you should get something and hopefully > than $1000 :)
 
Yeah as above, hopefully there's a settlement in your favour and it's more than the original offer.
 
OP wrote:
"I was offered a settlement of $1,000 just before the trial, and I think her authority was capped at that sum"

I would have accepted that with a BIG smile and a "thank you very much, ma'am".

That's better than having the judge rule in Apple's favor.

But I'm a realist on such things...
 
  • Like
Reactions: HenryDJP
I sent my MacBook Pro (2017, 15", 512GB) to Apple for a warranty repair (fans were making weird grinding noise) in early June (2018). Whoever was the Apple support person who initiated the repair through the chat got my address correctly, but they put someone else's name as the recipient of the laptop despite the fact that I clearly stated my name and address during the initial chat.

The solution to this seems very simple to me. And it all revolves around the names on the FedEx labels.

If you shipped the laptop to Apple via FedEx - it was paid for by one of two ways:

If Apple paid it, then they had to supply both a sender and a receiver for the initial shipment to them. And you should have noticed that it was not you on the label. If this was the case and you didn't read the label then you may well be out of luck since the FedEx record would clearly show that the laptop was send from the "other" person. But really; if this was the case then you never should have sent the laptop with the wrong label.

If you paid for it; then you had a shipping receipt from FedEx showing you shipped them a laptop and that they received it. This is how you can get Apple to cooperate since you have proof they received a laptop from you but they do not have proof they sent it back to the same person.
 
The stupid thing is, the cost price of that laptop is probably not much more than the $1000 settlement - why didn't they just offer a bloody replacement rather than faffing around.

If you take into account the many hours they've spent fighting, they've probably already spent more than the laptop is worth.
 
  • Like
Reactions: galactic orange
The stupid thing is, the cost price of that laptop is probably not much more than the $1000
Its a 15" MBP with a 512SSD, that's a lot closer to 3,000 then 1,000. The OP paid a lot of money for the laptop and Apple who was responsible for the well being of the laptop failed to deliver it into his hands. Why should he settle for a 1/3 of what he paid for the laptop
 
Its a 15" MBP with a 512SSD, that's a lot closer to 3,000 then 1,000. The OP paid a lot of money for the laptop and Apple who was responsible for the well being of the laptop failed to deliver it into his hands. Why should he settle for a 1/3 of what he paid for the laptop

I meant the cost price to Apple. What I meant was I don't understand why Apple offered $1k + all of the costs involved, when a new laptop would cost them not much more (in terms of actual cost, not retail).
 
I meant the cost price to Apple. What I meant was I don't understand why Apple offered $1k + all of the costs involved, when a new laptop would cost them not much more (in terms of actual cost, not retail).
Oh, yeah, on the flip side, the cost of apple with dealing with this issue certainly exceeded the unit cost of the laptop. Sorry for the confusion, I misread your post :confused:
 
Alright, the small claims court hearing was today. I should receive a judgment within 2 weeks.

Apple sent a very nice store manager from a nearby Apple store to represent them. Clearly she did not have very good legal understanding of the problem, but at least she was a very nice person. I was offered a settlement of $1,000 just before the trial, and I think her authority was capped at that sum since there were no chance to negotiate up by even a penny.

The judgment depends on the point whether or not Apple is at fault due to the wrong name on the label.
Keep us updated!
 
Now I am vested in this argument hopefully Apple replaced the laptop. I am fortunate enough to live within driving distance of an Apple store so generally when I have issues I make an appointment and go so the only people handling my stuff is me and Apple.
 
I'm wondering how long it takes a Small Claims Court in Massachusetts to render a decision.

Then again, if he loses, he might not come back and tell us about it...
 
  • Like
Reactions: Rocko99991
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.