A Toronto man has decided to take one of the world’s largest corporations to court over what he claims is false advertising.
In a court claim application obtained by iPhone in Canada, 21-year old Dean Lubaki of Toronto, Ontario claims Apple’s Watch Series 3 marketing, wherein the tech giant bills its latest wearable as “brilliantly scratch-resistant,” is false.
The claim details Lubaki’s recent experience with his white ceramic Watch Edition smartwatch.
In September, Lubaki bought the wearable alongside a silver Milanese Loop and AppleCare +. All three items are priced at $2,097 before tax.
In April, Lubaki visited the Apple Store at Yorkdale Shopping Centre to request Apple replace his watch due a number of scratches that had developed on both the watch face and underside of the device.
He says he was denied a replacement after an employee told him that Apple does not replace devices that have only suffered cosmetic damage. When Lubaki asked to speak to a manager, the employee allegedly told him he didn’t have one. After asking several more times to speak to a manager, one reportedly appeared and reiterated the company’s policy.
In a letter addressed to the Yorkdale Apple Store and Apple CEO Tim Cook, Lubaki complained of Apple’s claim that the white ceramic Watch Edition comes “with a refined finish that won’t scratch or tarnish.”
“The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for [sic] the consumer is a design flaw,” he wrote in his letter. “Same abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch.”
Apple did not respond to Lubaki’s letter.
Here I’ll also note that there’s a subtle but important difference between “scratch-resistant” and “scratch-proof.” The former does not mean the Apple Watch, nor any other device claiming scratch-resistance, won’t scratch.
Earlier this month, Lubaki filed his court claim application with the Ontario Superior Court of Justice. Included in Lubaki’s court filing are images of his scratched Apple Watch (seen above).
Lubaki is asking that Apple refund him his Watch Edition smartwatch and AppleCare+ warranty plan, as well as pay him additional compensatory and punitive damages for “mental stress” suffered during the experience. Lubaki says the entire episode put him under “additional strain” during his final exams.
Lubaki told iPhone in Canada that he was contacted by Apple after he mailed his claim. The company reportedly offered to replace his Apple Watch and give him a free accessory for his trouble.
Lubaki rejected the offer.
He plans to represent himself in small claims court. According to Lubaki, Apple has until June 26th, 2018 to file a response to his claim.
Stick it to the man, Dean.
Source: iPhone in Canada
