iPad received faulty iPad last month, Apple refusing adequate replacement

[adalady]

Hi all, just wanting to get this off my chest really and see what others have to say.
I purchased an iPad air 5th gen last month, and was very excited about it. Bought direct from Apple, brand new. When it arrived I noticed when I peeled the paper off the screen it was already covered in fingerprints. I thought this was odd but didn't think a whole lot of it. Until I started using the device and noticed it being quite glitchy. Distorted colours, swipe up not responding, touch screen being unresponsive a lot. I went on chat support and they weren't very helpful, mentioned it might just be because it was new and needed time to warm up etc.
The problems persisted and after many conversations with Apple they decided to have me send it off for evaluation.
Well it arrived this week and they have decided my options are to either repair this device, or replace it with a refurbished one.
I find this extremely unfair since I purchased a brand new device and I am now only given the option of repairing the faulty device I received initially, or a refurbished one. Personally, if I wanted to buy a refurbished I would have and saved some money. I paid for a brand new device, and now I am not receiving what I paid for. I am just extremely disheartened with the whole thing and Apple have been most unhelpful.
Advice greatly appreciated. Thank you.

 

[blkjedi954]

Hi all, just wanting to get this off my chest really and see what others have to say.
I purchased an iPad air 5th gen last month, and was very excited about it. Bought direct from Apple, brand new. When it arrived I noticed when I peeled the paper off the screen it was already covered in fingerprints. I thought this was odd but didn't think a whole lot of it. Until I started using the device and noticed it being quite glitchy. Distorted colours, swipe up not responding, touch screen being unresponsive a lot. I went on chat support and they weren't very helpful, mentioned it might just be because it was new and needed time to warm up etc.
The problems persisted and after many conversations with Apple they decided to have me send it off for evaluation.
Well it arrived this week and they have decided my options are to either repair this device, or replace it with a refurbished one.
I find this extremely unfair since I purchased a brand new device and I am now only given the option of repairing the faulty device I received initially, or a refurbished one. Personally, if I wanted to buy a refurbished I would have and saved some money. I paid for a brand new device, and now I am not receiving what I paid for. I am just extremely disheartened with the whole thing and Apple have been most unhelpful.
Advice greatly appreciated. Thank you.

Did you purchase AppleCare or the “+” variant? If so, then this has already been litigated in court and it is unlawful to replace covered items with refurbished replacements. However, I’m not sure if this lawsuit covers the standard coverage that comes with all newly purchased Apple products. See below:

Apple Will Soon Send Payments for $95 Million Refurbished Device Class Action Lawsuit

Apple last year agreed to pay $95 million to settle an AppleCare-related lawsuit that accused the company of violating U.S. laws and regulations...

www.macrumors.com

 

[1BadManVan]

if it was direct from apple, you should have just returned it, you have 14 days from receiving the device to return it for a full refund

 

[Beards]

1BadManVan is quite correct. Just tell them you wish to return the device for a full refund.

 

[G5isAlive]

If you are past the refund stage, Have it repaired and then it’s still the device you paid for. But I would accept a refurbished unit that’s been checked again and probably better than new. At least that’s been my experience. A lot of refurbished units are from people that never even open them, but are unwanted gifts. I got an iPad for my wife on launch day, she was fine with her old one, so I returned it unopened still in the wrapper thinking someone would be happy to have it in inventory. Nope. The return guy opened it to make sure it was ok and then said it would be sold as refurbished.

 

[wilberforce]

Refurb apple products are essentially the same as new. This is not a battle worth having, as you will not gain anything physically meaningful. The only difference is a perceived sense of injustice.

This is assuming OP (unwisely) did not take advantage of the 14-day return period.

 

[ThrowerGB]

A few months ago the battery on a 2017 9.7" iPad was ready for replacement. I sent it in for repair and they sent me back a refurbished item. I'd taken good care of mum iPad, but the refurbished one had blemishes and a loose home button. After a long time hassling them over the phone and at the local store , they gave me the option of buying a brand new 2017 9.7" iPad at a reduced price, around $340 if I remember rightly. I told them no because I could use my $340 towards a current model iPad. A much better deal. After being persistent with them over the phone and at the store, they finally "sold" me a new 1017 9.7" iPad without charging me anything. Sometimes persistent pays off.

In your case, what Apple is offering doesn't seem right and is probably covered by consumer protection laws.

One more good option: I used to live in Maryland where the Attorney General's office could provide help at no charge to consumers. I used it once. Having the vendor receive a letter from the State's AG can be quite effective. Check to see if that help is available in your state. Here's the link to the MD AG's Consumer Protection office. At least seeing what they provide might help navigating your state's bureaucracy.
The Federal Consumer Financial Protection Bureau might be worth checking into. They might only deal with financial issues, but it might be worth asking them.

 

[FreakinEurekan]

I’ll assume you’re in USA. If elsewhere, this answer might be wildly different.

If you first CONTACTED Apple about the issues within 14 days of receiving the iPad, don’t let up. Insist on being transferred to a Senior Advisor, and if they don’t offer a full replacement NEW iPad, insist on Customer Relations. What you’re going for is (a) a brand new iPad, or (b) a refund - either solution would be acceptable.

If you contacted them AFTER the 14 day mark - in US you’re likely SOL. There are practically no consumer protection laws in USA and Apple’s warranty terms allow them to repair, or replace with an iPad “that is new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements.”

 

[NotApplicable]

In the future, if you have _any_ issues with a purchased device, simply return or exchange it.

If purchased direct from Apple, even if the item is CTO or backordered, they can process the return/replacement and even provide the option of an "advanced replacement" where you keep the original until the replacement arrives, even if that won't be until after the original return/exchange window passes. (I did this with my CTO M2 Air just after release).

 

[adalady]

Refurb apple products are essentially the same as new. This is not a battle worth having, as you will not gain anything physically meaningful. The only difference is a perceived sense of injustice.

This is assuming OP (unwisely) did not take advantage of the 14-day return period.

As mentioned I contacted Apple upon noticing the device was not working as I would've expected. They were not helpful and basically told me to wait and see if the problem went away because it was brand new and maybe needed time to "warm up" and adjust. I had to contact them multiple times and I wasn't getting anywhere except being offered to have it evaluated at a repair centre to see if it really was faulty.
Refurb items are cheaper than brand new, if I wanted refurbed thats what I would've purchased and also saved some money. I paid for brand new and that is what I expect to receive.

 

[adalady]

I’ll assume you’re in USA. If elsewhere, this answer might be wildly different.

If you first CONTACTED Apple about the issues within 14 days of receiving the iPad, don’t let up. Insist on being transferred to a Senior Advisor, and if they don’t offer a full replacement NEW iPad, insist on Customer Relations. What you’re going for is (a) a brand new iPad, or (b) a refund - either solution would be acceptable.

If you contacted them AFTER the 14 day mark - in US you’re likely SOL. There are practically no consumer protection laws in USA and Apple’s warranty terms allow them to repair, or replace with an iPad “that is new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements.”

I'm in Ireland so if all comes to all I am covered by the Consumer Law Act and also small claims court.
I contacted them about the issues the day after I received the device and have proof of this (chat log etc). But they are still unwilling to help much. I contacted them multiple times with my concerns within the 14 day period (didn't know this was a thing at the time) and I asked multiple times for my options and the only one I was given was to send it in to the repair facility for evaluation. I have been on contact with 3 Senior Advisors but they were also unsure of where to go from here.

 

[adalady]

A few months ago the battery on a 2017 9.7" iPad was ready for replacement. I sent it in for repair and they sent me back a refurbished item. I'd taken good care of mum iPad, but the refurbished one had blemishes and a loose home button. After a long time hassling them over the phone and at the local store , they gave me the option of buying a brand new 2017 9.7" iPad at a reduced price, around $340 if I remember rightly. I told them no because I could use my $340 towards a current model iPad. A much better deal. After being persistent with them over the phone and at the store, they finally "sold" me a new 1017 9.7" iPad without charging me anything. Sometimes persistent pays off.

In your case, what Apple is offering doesn't seem right and is probably covered by consumer protection laws.

One more good option: I used to live in Maryland where the Attorney General's office could provide help at no charge to consumers. I used it once. Having the vendor receive a letter from the State's AG can be quite effective. Check to see if that help is available in your state. Here's the link to the MD AG's Consumer Protection office. At least seeing what they provide might help navigating your state's bureaucracy.
The Federal Consumer Financial Protection Bureau might be worth checking into. They might only deal with financial issues, but it might be worth asking them.

I am covered by the Irish Consumer Law if all comes to all, and also small claims court. I just feel like i am not being heard at all by Apple, and cannot seem to get anywhere no matter how hard I try! I am going to be persistent, the replacement model should arrive on Thursday and I will see where I go from there then. Apparently once I sent mien off (which they told me to do in the first place) it was out of their hands. I find it very strange how they cannot contact the repair facility at all. Thank you for your help, I am going to try my hardest to get the solution I feel I deserve!

 

[adalady]

If you are past the refund stage, Have it repaired and then it’s still the device you paid for. But I would accept a refurbished unit that’s been checked again and probably better than new. At least that’s been my experience. A lot of refurbished units are from people that never even open them, but are unwanted gifts. I got an iPad for my wife on launch day, she was fine with her old one, so I returned it unopened still in the wrapper thinking someone would be happy to have it in inventory. Nope. The return guy opened it to make sure it was ok and then said it would be sold as refurbished.

Unfortunately the only option was a replacement. It arrives on Thursday so I guess I will see where I go from there.
I'm just worried that there is no way to tell those "practically new" devices from ones that HAVE been refurbed with parts from other devices etc.

 

[adalady]

Did you purchase AppleCare or the “+” variant? If so, then this has already been litigated in court and it is unlawful to replace covered items with refurbished replacements. However, I’m not sure if this lawsuit covers the standard coverage that comes with all newly purchased Apple products. See below:

Apple Will Soon Send Payments for $95 Million Refurbished Device Class Action Lawsuit

Apple last year agreed to pay $95 million to settle an AppleCare-related lawsuit that accused the company of violating U.S. laws and regulations...

www.macrumors.com

The device came with 1 year free AppleCare. Not sure if this would apply to me in this case?

 

[wilberforce]

Refurb items are cheaper than brand new, if I wanted refurbed thats what I would've purchased and also saved some money. I paid for brand new and that is what I expect to receive.

Understood; this is the perceived injustice. I'm not implying it is not an injustice; it certainly is an injustice, but that is all it is. (There are lots of injustices in this world.)

If you wage the battle and succeed in correcting the injustice, you will still get to hold a (temporarily) pristine iPad with exactly the same functionality, it will just have a different serial number.

Up to you whether you think it really worthwhile.

 

[sdp77]

Unfortunately, refurbished items have, most of the time, hidden issues. He’s right: he paid for a brand new iPad, he should get one brand new.
I remember going to the Apple Store in Manhattan with my iPhone. They gave me a ”new” one certified as new, just to discover it was turning off out of the blue. I went back to the store (another one, this time) and they run a test and determined the battery was defective. They gave me a “new” one.
Question is, how was the first iPhone certified as “as new” when a simple store test determined that the battery was faulty?
So, no, thank you, I only want brand new. When in doubt, just return it and get the money back.

 

[Craigf56]

I don’t know how you can say refurbished items have hidden issues most of the time. You’ve had one bad experience. That doesn’t mean most of the tens of thousands of refurb items Apple sell every year have issues.

If you’ve got some data which shows most refurb items have issues then post it up here. That would be helpful.

 

[*~Kim~*]

I can see where the OP is coming from given that they were misled by Apple into running down their right to return it, thereby giving themselves reduced rights despite never having had the brand new, working as expected product that they paid for. Their “it might need time to warm up” seems utter rubbish, although I admit that it can take a few cycles on the battery to see whether that performs as expected. But the issues the OP had were clearly not going away and after a few days and resets, Apple should have advised them to return it within the return window. It is awful customer service to take advantage of someone not knowing their rights to leave them in a worse position than they should have been. It sucks if an iPad has issues on day 15, but that’s just bad luck. This isn’t. Historically Apple have had very good customer service so I can see why the OP went straight to them rather than the internet, which would have told them to reject it and buy another while they had that option.

I agree that refurbished is slightly worse in that you haven’t had it brand new, even if it’s just a ‘shiny new’ perception thing. But to say that you would have bought refurbished and saved a some money if you wanted refurbished isn’t helpful either, because it isn’t true. The Air 5 isn’t currently available as a refurb. You could have bought an Air 4 refurb and saved a fair bit, but that’s comparing apples with oranges.

I would focus on the fact that you relied on their guidance and are now in a worse position because of it, because you would have returned it within 14 days as was your right and purchased a brand new device if you knew that they would give you a refurbished one at the end of it (which is their standard process if it can’t be repaired.) If you can’t get a new unit, ask for a gift card or a free case or something as a gesture of goodwill. Had you returned it within 14 days you’d have had a new unit quickly barring the config being out of stock, but instead have already been without a unit for some time (and potentially left with something you’d never have bought, as people do choose to buy brand new only.)

The 1 year it comes with is warranty only. AppleCare+ is shown separately on your receipt if you bought it and is £69 in the UK (not sure on the price in Ireland.)

 

[berrymatcha]

hmm, when did you receive it.. idk if you are still able to speak to them and escalate and do a return + refund though that indeed has to be done within 14 days normally... (not the most ethical methods to 'teach' these stuff but... when speaking to them be polite but firm and say if you are not able to solve this... find someone who's able to.)
(exception is currently holiday season). i mean otherwise you'd still be unhappy about the solution (which i wouldn't be that happy about it either other than indeed i did exchange for my iphone before 10 large series because it kept restarting but it was still the initial launch that may not be exactly refurbished). then there's no point, this you can totally emphasise to them.. i searched theres no apple store in ireland.. & im not sure if walking into uk store is logical or near and idk uk+ europe laws how these work apologies from the other side of the globe.

actually the 12.9 M2 i got had fingerprints too but i did engraving perhaps probably that's why (i was like you all didn't wear gloves?!)
but becos of other issues like handwriting & it was awkwardly larger than i simulated.. ive returned it.


editing to add that yes agree with lots of solution above.

lemme. hmm. articulate out the solutions...

1) ok so right now, them returning you would likely be a refurbished unit.
which for any buyer, nobody would want since you bought a new unit at a new price!

be firm when you contact them as in now that you know that there is actually the 14 day stuff. you let them know that they did not offer you this.

and they troubled you (etc yes push it all to them oops sorry)

2) because.. what most of people do is .. return within that window when they are not "happy" about it.
it is also my first time returning the ipad though many years ago i returned the ipod touches cos it had scratches constantly and recently returned sibling's 14 pro as it had a firm scratch on the metal.

and get a new one (which is a little troublesome if you desperately need it asap)..

-- though you did option 1 but you'd actually want option 2. so you be firm polite and insist on that till it gets settled :x

 

[Sheepish-Lord]

I had this happen with an iPad Pro and was past the return date by a handful of weeks so it was definitely new to me still. Apple store said I would get a new one so when I showed up I got a plain white box and didn’t think anything of it. I noticed the serial number was unique so I searched it and it was a refurbished identifier. Now this is before they randomized serial numbers but as someone who often resells or trades in device’s a refurb serial # is a death sentence. I was upset but I could see it from Apple’s side where it’s a “new” device but I still think it’s BS because their trade in partner didn’t see it that way. In the end I realized iPads weren’t for me and sold it to a family member cheap and ultimately iPad resell values are terrible regardless so lesson learned.

Only way to get a new device from Apple is buy it at launch and exchange it before they get refurbs in stock…whenever that is.

 

[darngooddesign]

Question is, how was the first iPhone certified as “as new” when a simple store test determined that the battery was faulty?

Before the battery became faulty, a simple test probably wouldn't have shown it as faulty. Maybe it became faulty after it was tested.

So, no, thank you, I only want brand new. When in doubt, just return it and get the money back.

Didn't you get your phone swapped because your new phone had an issue?

Not arguing against your right to get a new replacement, but in your case new doesn't guarantee problem-free more than refurbished.

 

[*~Kim~*]

Also just to add that presumably the warranty is running down from the date of original purchase, which sounds as though 1/12th of the warranty is gone without the OP having a working device. Check this on the unit you receive and push for the full 12 months from date of receipt.