Lawsuit demands Apple stop giving refurbished devices as warranty replacements


Apple is in court once again, but this time it has nothing to do with Samsung or obscure Chinese companies. Rather, it's two customers in Northern California demanding their rights. Vicky Maldonado and Joanne McRight. The former cracked the screen of her third-generation iPad after six months of owning it. Due to the accidental nature of the damage, screen replacement would have cost $250, while replacing the entire device under the AppleCare+ program will be just $100.

Enticed, Maldonado opted to buy a new fourth-generation iPad with AppleCare+ in September 2013. Fast forward to May 2015, and a second accident led towards her receiving a refurbished device, which she wasn't told of beforehand. In court, she claimed this goes against the AppleCare+ terms stating that customers are entitled to a device that's "new, or equivalent to new in performance." It's up to the jury to define whether a refurbished device meets this criteria.

According to the complaint, refurbished replacement "can never be the equivalent to new in performance" as new devices "have never been utilized, previously sold, and consist of all new parts." Likewise, the AppleCare+ terms and conditions don't ever mention refurbished devices as possible replacements under warranty.

If Maldonado and McRight win the lawsuit, Apple could be forced to compensate all customers who bought an AppleCare or AppleCare+ for their iOS device after July 11, 2011 and received refurbished replacements. Additionally, the defendants seek an injuction banning the company from sending refurbished devices as replacements, in addition to changes in the AppleCare+ terms and conditions and the option for customers to get back the full purchase price of a damaged device.

That's shaping up to be quite the fight! What do you think about the changes argued by the lawsuit? Would you back up these demands?

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35 Comments

1. darkkjedii

Posts: 30972; Member since: Feb 05, 2011

I bet so many companies (and not just tech) do this. Tire, battery, and engine manufacturers are notorious.

3. Barney_stinson

Posts: 672; Member since: May 30, 2016

You do notice that it's the applecare+ T&C ! They are against! Right . Hi5

4. techperson211

Posts: 1280; Member since: Feb 27, 2014

Paying extra for the apple care+ then receiving a refurbished device. He does have a point in taking it to the court, after all he's not the only customer who purchased apple care+.

14. Mxyzptlk unregistered

Read the comment throughly.

9. darkkjedii

Posts: 30972; Member since: Feb 05, 2011

You do notice, I didn't name a company right? Re read my post.

12. Mxyzptlk unregistered

Exactly. Many companies do this. Even Google does it with the Nexus 6P and if any of you clueless ones think I'm taking shots at Google, go read the reddit.

18. willard12 unregistered

Many companies do this. But, only one company gets constant praise for its great customer service. If Apple simply does the same things that many companies, that dispels yet another myth that gets spread throughout comments sections around the world.

21. kiko007

Posts: 7493; Member since: Feb 17, 2016

That's a nice strawman argument you made there :D. Too bad it falls flat when looking at the competition's offerings. Android OEMs are notorious for "half-assed" customer service. Hell, 1+ is so bad at it that they STILL have a back load of 1+1 complaints. Myths often derive from realistic accounts.

23. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

Your argument is even worse. You're comparing a new Android OEM to an old tech giant, and ignorantly equating every other Android OEM to them, just outright ignoramus...but that's the norm with you. But hey, if taking that as "realistic" makes you happy, remain ignorant.

25. kiko007

Posts: 7493; Member since: Feb 17, 2016

1) 1+ is not a new company. They are a subsidiary business formed under Oppo, which happens to be under another organization. There are no excuses for being incompetent. 2) Most Android OEMs have absolutely terrible hardware and software support. Can you guess what those two categories fall under? There are perhaps 5 who are even capable of being called "adequate", the rest abandon phones as fast as they produce them. 3) Real mature champ :D. Insult someone with a different opinion than you......how charming./s

26. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

1) A subsidiary doesn't have all the employees from the parent company. Then again, even with their limited employees, they've been caught telling lies to customers asking for support, so, there definitely ain't no excuse for that service. 2) Sources or just your typical claim pulled from your behind? Only support I've asked from Apple during my iPhone days was to have my iPhone restored to an earlier version of iOS. What do I get? No we can't do that. 3) You sure mirror apple when it comes to hypocrisy. You just did precisely that in calling willard12's statement "a strawman argument", now you consider it " immature" when it's done to you.

29. MartyK

Posts: 1043; Member since: Apr 11, 2012

Here is the N6P.. they do cover that part about refurbished.. The Warranty extends only to Products purchased in the United States of America by an Huawei Device USA authorized dealer or retailer. During the limited warranty period, Huawei Device USA will repair or replace at Huawei Device USA's sole option, any parts of the Product that are defective or malfunction during normal usage. Huawei Device USA reserves the right to use new or refurbished replacement parts in repair of the Product.

33. VZWuser76

Posts: 4974; Member since: Mar 04, 2010

Anymore it's a rarity that anyone would offer a new non refurbished replacement. I don't think they have a leg to stand on here. In the agreement, it says a new or "like new in performance" replacement. That right there means it can be a refurbished replcement if the performance is the same as a new device. In my dealing with Verizon's device replacement system, you can usually expect a new device if it's either during the first 30 days, or if it's early enough that they don't have refurbished devices to offer. Otherwise it will be a CLN device (certified like new aka refurbished).

34. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

Any examples to back such bet or just attempting to equate apple's wrong doings to everyone? Do they claim they'll give you a NEW device in the warranty exchange T&C?

2. sukrith2194 unregistered

I support their cause!

5. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

should be thrown out: Like New An item that looks as if it was just taken out of shrink wrap. No visible wear, and all facets of the item are flawless and intact. See the seller’s listing for full details and description of any imperfections. (from ebay that uses the term like new) Definitions.net 1.like new(Adverb) As though new; as good as new. 2.like new(Adjective) Seemingly new; as good as new. This lawsuit is filed by people that don't know the meaning of the word 'like'.

6. SonyOwner unregistered

Oh mor on spotted. Did you analyze?

7. Rydsmith unregistered

Not sure if nuked too hard or not hard enough.

20. marorun

Posts: 5029; Member since: Mar 30, 2015

An used battery is not new. For all the rest o agree. So if apple swap battery for brand new one in refurb product then we have a deal.

28. tacarat

Posts: 854; Member since: Apr 22, 2013

If Apple loses it'll be fun with the new t&c. People will start breaking perfectly good phones to get replacements. Some people complain about scratches on their phones as it is.

35. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

The battery, charging port, headphone jack, and speakers don't perform "like new" on a refurbished device. After a year with my iPhone 4S, the speakers just went mute out of nowhere while in the middle of a call. Nothing smoking, all looked intact, been in a case since I got the phone. Got it replaced with another speaker from a used iPhone 4S that was taken apart for parts, the speaker went mute again within a month. The point is, apple's device speakers don't last forever, and depending on how long that "refurbished" device has been used, that will shorten it's life span compared to a "new" device, so, that's definitely not "like new". Same thing applies to the battery, charging port, and headphone jack. Depending on how the former user dealt with it, it could shorten the life span of it compared to a "new" device, so, it definitely wouldn't work "like new". Apple is guilty of false advertising in this case.

37. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Then the question is this: How did they know they got a refurb? If the replacement device showed visible wear or some other facet showed as not being flawless, then they have a case that should be heard in court. This lawsuit could have been filed by people that do know the meaning of the word "like"... But simply didn't get a like-new device. Before simply throwing out a case, why not hear the facts first?

8. L0n3n1nja

Posts: 1553; Member since: Jul 12, 2016

I want to know how a refurbished device can't be equivalent to new. Every company does this. Only way to guarantee new would be to continue manufacturing a device no longer sold to satisfy replacements.

10. trojan_horse

Posts: 5868; Member since: May 06, 2016

Refurbished is by no means "new"! Apple's at fault there.

13. Mxyzptlk unregistered

Do you even know what a refurbished unit is?

11. libra89

Posts: 2272; Member since: Apr 15, 2016

Eh, we'll see how far this goes. Apple has very strict rules with their refurbished devices. Refurbished does not equal junk. A lot of times these devices are because of customer returns.

32. ElixieR

Posts: 67; Member since: May 01, 2013

Eh, Apple obviously has very strict rules with their device warranty exchange program. But Apple refurbishing their products has "very strict rules" NOT so much!

15. YOURDADkid unregistered

What else you can expect from Apple. Still Stupids and Idiots don't understand useless strategy and marketing policy of Apple. So its okay, you fools be where you are and pay 300% higher price for something which is sold by Cheaters and frauds (apple folks). About Innovation forget about it, Apple can't beat Samsung for that.They will just copy it. Let's wait when is**t 7 or 8 or may be is**t 10 will have VR Gear compatibility and lot may other things. iSheeps good going.

19. deviceguy2016

Posts: 826; Member since: Jun 16, 2016

Apple will never give new units?? They claim they are new but in a black or white slim box at a Genius Bar at Apple Store BS!!!! It's refurbished just a changed imei or serial number and they put a new front and back piece on but the inside is the original someone had,, the truth Tim crook greedy Basta.d

22. btbotimtim

Posts: 272; Member since: Dec 08, 2010

many phone insurance companies send out refurbished units for replacements.

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