Two Quebec-based law firms have filed applications to bring class-action lawsuits against Cupertino computing giant Apple.
In an authorization application filed to the Superior Court of Quebec on December 29th, 2017, LPC Avocats and Renno and Vathilakis Lawyers argued that Apple should pay damages on behalf of a client that purchased an iPhone with a battery that “began to die much quicker than usual.”
According to the application, the iPhone in question became unusable as a mobile smartphone device after two years, “since it almost always had to be connected to a charger and dies very quickly when it is not.”
The application went on to suggest that Apple offers a six-year warranty to customers in the U.K., and that this “would constitute a reasonable length of time under section 38 of the [Consumer Protection Act].”
Section 38 of the Consumer Protection Act specifically says that “Goods forming the object of a contract must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.”
“Apple’s overall conduct before, during and after the violation, was lax, careless, passive and ignorant with respect to Quebec consumers’ rights and to their own obligations,” reads an excerpt from the court filing. “In this case, Apple continues to breach the [Consumer Protection Act], without any explanation, for a significant period.”
The application seeks punitive damages of $300.00 for each member included in the action, as well as the reimbursement of a portion of the costs of included Apple products and the costs of extended warranties from Apple.
Apple confirmed in December 2017 that it throttles iPhone performance on older devices in order to prolong battery health and overall device stability.
The tech giant later apologized for its lack of transparency regarding the issue.
Source: LPC Avocats