Suit claims that Apple sold older iPhone units with a defective key part

Suit claims that Apple sold older iPhone units with a defective key part
Remember your Apple iPhone 4, how different it looked compared to the iPhone 3GS? Apple CEO Steve Jobs compared the phone to a "beautiful old Leica camera." The iPhone 4s introduced virtual assistant Siri and smartphones would never be the same again. Then came along the iPhone 5 with a design that many still call Apple's best. If you owned any one of these three models, you could receive a notification asking if you want to join a class action suit against Apple.

The suit revolves around broken sleep/wake buttons on these old models (via KOVR-TV) found on the upper right of the aforementioned models. Considering that the button was used on each model to turn off an iPhone and turn it on again, broken sleep/wake buttons would have certainly made it harder to use these units. The suit claims that Apple sold these three models with defective power buttons and failed to disclose the issue to consumers. For its part, Apple denies that it did anything illegal or unlawful. The trial is set to begin on October 25th, 2019.

To join the class action suit, you must be a citizen of the state of California and have purchased an iPhone 4 from June 24, 2010, through October 10, 2011. Also included are California citizens who bought the iPhone 4s between Oct. 11, 2011, through Sept. 20, 2012, and the iPhone 5 before April 1, 2013. The suit seeks to recover the cost to repair the broken button, or the "diminished value of the iPhone due to the broken sleep/wake button, along with restitution, injunctive and declaratory relief."

The sleep/wake button on the Apple iPhone 5

The sleep/wake button on the Apple iPhone 5


The case is known as Shamrell, et al. v. Apple Inc., and if you do receive a notification about the class action suit you can remain part of the class by doing nothing. If you would rather sue Apple on your own about this issue, you can exclude yourself from participating in the class action by clicking on this link. You have until August 26th to make your decision.


According to the original filing, a defect in the power button on the iPhone 4, iPhone 4s and iPhone 5 caused the button to stop working, or to get stuck, making the phones "unfit" for their proper use.

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13 Comments

1. iloveapps

Posts: 393; Member since: Mar 21, 2019

Wow, amazing for first world problem and for being the most profitable company. Recently there was a teen age boy asking for $1B for using his name in apple theft related incident. And there are lots of other patent troll aiming for more than $200B cash.

2. kozza3

Posts: 777; Member since: Oct 17, 2012

Repaired hundreds of phones with this issue. The problem was always the same, a small plastic actuator would break off. An example can be found here http://www.krekr.nl/content/tiny-problems-how-to-fix-an-iphone-4-power-button/

3. oldskool50

Posts: 460; Member since: Mar 29, 2019

Not surprised. It had a defective antenna system too. The iPhone 6 had defective battery, design flaw which made it easy to bend and touch disease. The iPhone 7/8/X/XS all have defective Intel modems in them. Macs have defective keyboards. And for every defect Apple products have had, Apple had charged its customers for the repairs. But not one Apple fan will hold them accountable for it. Hopefully the court will. I have (2) iPhone 4's and (1) 4S. So far the power buttons appear in good condition. Probably because I've never really used them.

4. kiko007

Posts: 7465; Member since: Feb 17, 2016

You really, really need a life man. Even the old racist trolls gave up on PA, but here you are, chugging away. I've got mad respect for the dedication... but I still gotta report you again. Sorry, Techie.

6. CQuine unregistered

Reporting someone for telling the truth? The problem with the Apple cult.. wanna report me too?

9. sissy246

Posts: 6956; Member since: Mar 04, 2015

You can't tell the truth when its apple, specially if it's something negative.

8. sissy246

Posts: 6956; Member since: Mar 04, 2015

What did he say that is not true. He didn't single out not one person on here but, because he said something bad about apple you are reporting him, lmao

11. NarutoKage14

Posts: 1296; Member since: Aug 31, 2016

He has a valid point. Apple sells defective products and charges the consumer to repair the defect.

5. Alcyone

Posts: 193; Member since: May 10, 2018

Apple would need to be held liable if they knew of any possible compromised parts. Just as a car manufacturer has a recall for such, they fix it, charge free. It'd have been pennies to the dollar and Apple wouldn't have lost much money, if any. Imo, I call it being lazy.

13. CQuine unregistered

I guess you don't become a trillion dollar company without breaking a few eggs.. in this case their customers.. and I mean a lot of them..

7. mel0524

Posts: 48; Member since: Mar 02, 2017

We need to get refund on many iphone's that had manufacturer flaw. and it comes from iphone 4,4s,5, 6+ most them has awful flaws! iphone 6+ is the worst! it has bend gate flaw has back camera flaw it just shakes and you cannot take clear pictures batter didnt last for long ( less than 2 years or some only last after a year of useage ) then it it will drain crazy fast and the worst is the TOUCH DISEASE... that apple will charge you $150+tax for you to able to exchange one again ( that suppose to be a manufacturer defect and we suppose to be never get charge to get another one again! ) after that once you update to newest ios 11.X.X your iphone 6plus will be so slow... like you want to throw it away!

12. Vancetastic

Posts: 736; Member since: May 17, 2017

Why wait this long for this?

* Some comments have been hidden, because they don't meet the discussions rules.

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