Apple hit with class-action suit over MacBook, MacBook Pro displays
Apple Inc. has been hit with another class-action lawsuit. This time the formal complaint comes courtesy of a pair of MacBook and MacBook Pro owners who charge the company with falsely advertising the quality and capabilities of the displays used in the Intel notebooks.
In the May 3rd filing with the Superior Court of California for the County of San Diego, private citizens Fred Greaves and Dave Gatley are seeking multiple forms of relief and reimbursement, in addition to an injunction that would prevent Apple from continuing to market its existing notebook displays alongside claims that they support "millions of colors" and offer views "simply unavailable on other portables."
Specifically, they charge that the Cupertino-based company's MacBook and MacBook Pro notebook displays are only capable of displaying the "illusion of millions of colors through the use of a software technique referred to as 'dithering,' which causes nearby pixels on the display to use slightly varying shades of colors that trick the human eye into perceiving the desired color even though it is not truly that color."
Citations in the suit imply that the Apple notebooks may employ sub-par displays only capable of 6 bits per channel (18-bit color), rather than 8 bits per channel, making them capable of displaying only 262,144 colors without dithering, as opposed to millions. That would explain why within weeks of purchase, a flood of customers reported that their MacBook and MacBook Pro displays appeared "grainy" or "sparkly," according to the complaint.
The 22-page suit includes about 6 pages of sample complaints waged by disgruntled customers on Apple's discussion forms and other outlets, including the AppleInsider and MacNN forums. It notes that a large number of customers have contacted Apple for relief, to no avail.
"Many such dissatisfied purchasers were chastised by Apple agents and employees for being too picky about their assessment of the quality of the display," the suit alleges. "Other dissatisfied purchasers were told that they were imagining the complained about defects."
The matter is of particular concern to MacBook and MacBook Pro users who rely on the accuracy of the displays for graphic use, such as photography, according to the complaint. It asserts that the displays, even at their highest resolutions, are unreliable for editing purposes.
In addition to false advertising and misrepresentation, Apple is also charged with violating the Unfair Competition Law and the Consumer Legal Remedies Act with its failure to address and rectify the situation.
Due to the large number of customer complaints, including complaints on the company's own website, it's apparent that Apple is well aware of the problems, the suit claims. It adds, however, that the Mac maker has taken it upon itself to heavily redact many of the posted complaints, and has even gone to the lengths of "taking down" entire threads devoted to the subject.
Representatives for the Law Offices of Peter M. Polischuk, attorneys representing the plaintiffs, had not returned inquires for comment as of press time.
For those interest, a copy of the complaint is being made available by AppleInsider as a PDF download.
In the May 3rd filing with the Superior Court of California for the County of San Diego, private citizens Fred Greaves and Dave Gatley are seeking multiple forms of relief and reimbursement, in addition to an injunction that would prevent Apple from continuing to market its existing notebook displays alongside claims that they support "millions of colors" and offer views "simply unavailable on other portables."
Specifically, they charge that the Cupertino-based company's MacBook and MacBook Pro notebook displays are only capable of displaying the "illusion of millions of colors through the use of a software technique referred to as 'dithering,' which causes nearby pixels on the display to use slightly varying shades of colors that trick the human eye into perceiving the desired color even though it is not truly that color."
Citations in the suit imply that the Apple notebooks may employ sub-par displays only capable of 6 bits per channel (18-bit color), rather than 8 bits per channel, making them capable of displaying only 262,144 colors without dithering, as opposed to millions. That would explain why within weeks of purchase, a flood of customers reported that their MacBook and MacBook Pro displays appeared "grainy" or "sparkly," according to the complaint.
The 22-page suit includes about 6 pages of sample complaints waged by disgruntled customers on Apple's discussion forms and other outlets, including the AppleInsider and MacNN forums. It notes that a large number of customers have contacted Apple for relief, to no avail.
"Many such dissatisfied purchasers were chastised by Apple agents and employees for being too picky about their assessment of the quality of the display," the suit alleges. "Other dissatisfied purchasers were told that they were imagining the complained about defects."
The matter is of particular concern to MacBook and MacBook Pro users who rely on the accuracy of the displays for graphic use, such as photography, according to the complaint. It asserts that the displays, even at their highest resolutions, are unreliable for editing purposes.
In addition to false advertising and misrepresentation, Apple is also charged with violating the Unfair Competition Law and the Consumer Legal Remedies Act with its failure to address and rectify the situation.
Due to the large number of customer complaints, including complaints on the company's own website, it's apparent that Apple is well aware of the problems, the suit claims. It adds, however, that the Mac maker has taken it upon itself to heavily redact many of the posted complaints, and has even gone to the lengths of "taking down" entire threads devoted to the subject.
Representatives for the Law Offices of Peter M. Polischuk, attorneys representing the plaintiffs, had not returned inquires for comment as of press time.
For those interest, a copy of the complaint is being made available by AppleInsider as a PDF download.
Comments
I AM THE FIRST!
Representatives for the Law Offices of Peter M. Polischuk, attorneys representing the plaintiffs, had not returned inquires for comment as of press time.
For those interest, a copy of the complaint is being made available by AppleInsider as a PDF download.
[ View this article at AppleInsider.com ]
"the Law Offices of Peter M. Polischuk" will receive a settlement of 200 million USD, and the Macbook owner will get a coupon for $50 USD off their next Apple purchase.
edit: Yeah what SpamSandwich said.
Could this suit be based on a defective product and not the purported inaccurate marketing? That would be embarrassing for the plaintiffs.
And Apple has a history of nearly absurd advertising claims and dismissive customer service. "3X as fast as a Pentium," or "the display floats in mid-air" for the sunflower iMac. Obviously the latter is hyperbole, but Apple tends to go a little far with the advertising to say the least.
I've had few if any problems with my MBPC2D display, other than relatively uneven backlighting. Just FYI.
What a bunch of bull crap! No self-respecting professional in his (or her) right mind would ever rely on a laptop screen for critical photo editing for one very simple reason: It is extremely difficult to be certain that the screen is opened to exactly the same viewing angle each time the machine is turned on; and even the slightest change in the viewing angle alters the perceived brightness and contrast of the displayed image. This is a fact of life for laptop users, who should know better than to rely on any laptop screen for absolutely faithful image reproduction. Not to mention the fact that, when traveling with a laptop, the constantly changing viewing environment has a very significant effect on the perceived brightness and contrast of the display. The morons who brought this suit have their heads so far up their asses that it's a wonder they can see anything at all.
Y'know, I'm proud that I've never joined a class-action lawsuit against any company. The net result is that you'll receive a check in the mail for 12 cents and feel none the better for it.
Cept for some real life stories turned into made for TV movies.... Class action lawsuits are all about the fees... The legal fees. The unwashed masses that sit behind the complaint (whether they like/agree with it or not) have next to nothing to do with it... The public is just a "necessary evil" lawyers (unfortunately) need to pull off this form of legalized extortion... They'd remove people from the equation if they thought they could.
I'm just waiting for the day when you go out to dinner and are served a meal that isn't prepared correctly (or to your liking)... Instead of asking the waiter to take it back you jump to your trusty cell phone connect with your lawyer and sue them out of existence.
Lawyers... You can't killem and... you can't killem
Dave
This is just idiocy. You test a product before you buy it, especially such an expensive one. Unless your particular unit is defective, deal with it. I'm tired of all the class action whiners.
Perhaps your age is more like your post count. Yes, one tests a product. No shit. What the suit is alleging is that displays get grainy and what not--in other words they DEGRADE after purchase. It is also alleging that Apple has engaged in false advertising and negligent customer service practices. Those are very serious concerns, and ones that seem well founded to me.
They are worse than Hitler! And Saddam! Combined!
What the suit is alleging is that displays get grainy and what not--in other words they DEGRADE after purchase.
You're kidding right...
Run out and show me a Display/TV/Projector that doesn't degrade as time goes on...
As a matter of fact... Why don't you show me **any** product that doesn't degrade over time... Pet rocks and sand don't count.
D
If the displays just don't look "good enough" to some people that is a very different story, but if there are actual lies in Apple's marketing then they deserve to lose whatever profits come from those lies plus punitive damages to dissuade them from doing this again.
Cept for some real life stories turned into made for TV movies.... Class action lawsuits are all about the fees... The legal fees.
I love hearing the legal opinions of someone who starts their post with "cept"!
You're conveniently forgetting the punitive damages that a company faces, and the incentive it provides them to not f*** over consumers.
The nerve of these whiners! Expecting that their premium-priced purchase would work as advertised! And not expecting to be berated when they pointed out the flaw to Apple!
They are worse than Hitler! And Saddam! Combined!
Don't be goofy...
Seems like 2 weeks is plenty of time to decide if you like the computer you just purchased...
Apple Store (online): "RETURN & REFUND POLICY - If you are not satisfied with your Apple purchase of a product, please call 1-800-676-2775 for a Return Material Authorization (RMA) request within 14 calendar days of the receipt of the product."
D
I am not one of those people as I didn't know that laptop displays were 6 bit. Is this true of all LCDs or just laptops? Are the Cinema displays 6 bpc as well?
Don't be goofy...
Seems like 2 weeks is plenty of time to decide if you like the computer you just purchased...
Apple Store (online): "RETURN & REFUND POLICY - If you are not satisfied with your Apple purchase of a product, please call 1-800-676-2775 for a Return Material Authorization (RMA) request within 14 calendar days of the receipt of the product."
D