If you own the Apple iPhone XR you could end up being awarded some money
Last month we told you that Apple was the defendant in a Class-Action suit filed with the U.S. District Court for the Northern District of California. Several Apple iPhone XR buyers were ticked because the lowest priced of the 2018 iPhone models used an antenna system that was not as advanced as the ones on the iPhone XS and iPhone XS Max. As a result, iPhone XR users said that they suffered from unreliable voice and data connections. And the plaintiffs blame Apple for not promoting the differences between the antenna systems on the iPhone XR and the other two models.
The iPhone XR uses 2 x 2 MIMO which allows it to handle two separate streams of data signals simultaneously over the same channel. The iPhone XS and iPhone XS Max both use 4 x 4 MIMO which allows it to handle four separate streams of data signals simultaneously over the same channel. Thus, the more expensive 2018 iPhones were more apt to provide strong data and voice connections.
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The plaintiffs say that Apple sold them an inferior product
According to Scribd (via AppleInsider), a second Class-Action suit has been filed, this one in the U.S. District Court for the Northern District of California, San Jose Division. The suit claims that Apple failed to tell consumers that the iPhone XR had an inferior antenna system that was also defective. The plaintiffs claim that "Apple knew or should have known that it was selling an inferior product, yet Apple failed to disclose the iPhone XR's defect to consumers who reasonably expected the latest Apple product to have the most advanced technology. Apple further warrants that the iPhone XR's technology is free of defects, but the 2 x 2 MIMO antenna array has a defective connectivity system. Apple continues to profit from the sale of iPhone XRs with inferior technologies to consumers who expect the latest and best technologies from the latest iPhones."
The suit mentions the experiences of certain plaintiffs. Robert Altmann purchased the iPhone XR in June of 2019 and the phone dropped calls with some cutting in and out. He also noticed that his phone had slow download speeds. And to prove that it is a problem with the phone and not the service in his area, Altmann said that he lives in the same house with family members who own different phones and none of them have experienced these issues. Daniel Aviles bought his iPhone XR in November 2018 and since making the purchase he too found his iPhone dropping calls and suffering from slow download speeds. Melissa Lynn Brevig bought four iPhone XR units in August of last year. All four of the phones have reception problems, forget "known networks," and have slow download speeds. The experiences of other iPhone XR buyers are included in the filing and they mostly complain about reception issues, slow download speeds, and the inability to connect to Wi-Fi signals.
In the suit, the plaintiffs point out that independent testing shows significant differences between 2 x 2 MIMO and 4 x 4 MIMO. PC Magazine is quoted as saying that, "the iPhone XS/Max performed significantly better than the iPhone XR in our tests and that advantage held for all signal conditions: strong or weak, advanced networks or not."
The filing asks the judge to certify the Class-Action suit, declare that Apple needs to pay to inform all members of the Class that their iPhone XR is defective, and order Apple to stop using deceptive and unfair business practices such as selling the iPhone XR with an inferior 2 x 2 MIMO antenna array.
The suit accuses Apple of violating California consumer protection acts. It also says that "Apple has breached its implied and express warranties." As you might imagine, the plaintiffs are seeking compensation from Apple. They are asking for "compensatory, actual, exemplary, and statutory damages including interest, in an amount that will proven at trial." The plaintiffs want Apple to turn over to the plaintiffs and members of the Class, all or part of the "ill-gotten profits" it made from its deceptive and unfair business practices. The plaintiffs also want Apple to pay all of their attorney fees and court costs.
Usually, the lawyers make the most money on an individual basis from a Class-Action suit, but if you own an iPhone XR you might want to keep an eye on this story. If the judge certifies this as a Class-Action suit, you'll be able to become a member of the Class. You might end up making a few bucks at best, but it won't require you to do anything except fill out a form.
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