This action is brought by Plaintiffs, individually and on behalf of a class of similarly situated owners of Apple’s iPhone 6 and iPhone 6 Plus. This action arises from Apple’s concealment of a material design defect that causes the touchscreens on the iPhones to become unresponsive and fail for their essential purpose as smartphones (the “Touchscreen Defect”). Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so. As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.
PRAYER FOR RELIEF:
- WHEREFORE, Plaintiffs, on behalf of themselves and members of the Class, respectfully request that this Court:
- Award all actual, general, special, incidental, statutory, punitive, and consequential damages and restitution to which Plaintiffs and the Class Members are entitled.
- Grant appropriate injunctive and/or declaratory relief, including, without limitation, an order that requires Apple to repair, recall, and/or replace the iPhones and to extend the applicable warranties to a reasonable period of time, or, at a minimum, to provide Plaintiffs and Class members with appropriate curative notice regarding the existence and cause of the Touchscreen Defect;
- Award reasonable attorneys’ fees and costs; and
- Grant such further relief that this Court deems appropriate.