Plaintiffs try to keep 'Error 53' lawsuit against Apple alive, say reimbursement not enough

Posted:
in General Discussion edited May 2016
Apple's motion to dismiss a pending class action lawsuit related to the infamous "Error 53" Touch ID issue was countered in a recent court filing claiming the company's remedial actions, which include an iOS software update and reimbursement efforts, are inadequate.




Apple earlier this month filed a motion with California's Northern District Court to dismiss an amended class action complaint stemming from so-called "Error 53" problems that reportedly "bricked" an unknown number of Touch ID-equipped devices. After releasing a software update to address the error message, and offering to reimburse customers who paid to have affected devices repaired or replaced, Apple argues the complaint is moot.

In response, plaintiffs claim Apple failed to properly inform users of the reimbursement program. Aside from a "vague" announcement on its official website -- a Support Pages document published in April -- Apple made little effort to inform customers, the document says. The company also cross referenced its records and sent out emails to users believed to be eligible for a refund, but one named plaintiff did not receive the notice. Another complainant twice attempted to contact support representatives on their own to discuss the reimbursement procedure but was inadvertently disconnected both times. It is unclear if they tried to call back.

The initial complaint, lodged in February, alleges Apple has "gone too far" in attempts to control the iOS device ecosystem. In some cases users reported Error 53 messages after replacing their iPhone's Touch ID module, or in some cases screen, flex cable and water-damaged components, through unofficial channels, prompting speculation that Apple was intentionally disabling devices fixed out of network.

As a result, customers who went to a third-party firm for repairs, and whose limited warranty had expired, were forced to pay out-of-warranty replacement costs. Further, Error 53 forces a device reset, meaning users run the risk of losing all locally stored data that was not previously backed up.

Apple itself acknowledged the issue less than a week before the California lawsuit was filed, suggesting the error may in some cases be the result of built-in security checks.

"We take customer security very seriously and Error 53 is the result of security checks designed to protect our customers," an Apple representative told AppleInsider. "iOS checks that the Touch ID sensor in your iPhone or iPad correctly matches your device's other components. If iOS finds a mismatch, the check fails and Touch ID, including for Apple Pay use, is disabled. This security measure is necessary to protect your device and prevent a fraudulent Touch ID sensor from being used. If a customer encounters Error 53, we encourage them to contact Apple Support."

Both the original and amended complaints allege fraud, negligent misrepresentation and unjust enrichment tied to Error 53 bricking and device repairs. Barring an amicable resolution, the parties will meet in a motion hearing on June 16.

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Comments

  • Reply 1 of 26
    lord amhranlord amhran Posts: 902member
    This is asinine
    magman1979tallest skilbaconstangjbdragonstevehwaverboy
  • Reply 2 of 26
    NY1822NY1822 Posts: 584member
    Do people really have this much time on their hands? 
    magman1979EsquireCatstallest skiljbdragonwaverboy
  • Reply 3 of 26
    tommikeletommikele Posts: 257member
    More reasons sane people think dead lawyer jokes shouldn't be jokes.
    magman1979EsquireCatsjbdragonwaverboy
  • Reply 4 of 26
    rs1919rs1919 Posts: 13member
    Lawyers; the real winners in class action lawsuit victories.
    magman1979jbdragonwaverboy
  • Reply 5 of 26
    redefilerredefiler Posts: 323member
    Reimbursement isn't enough.  They also need an apology card and a punch in the face.
    stompynolamacguypulseimagesdewmewaverboy
  • Reply 6 of 26
    jungmarkjungmark Posts: 6,647member
    Not satisfied? Return it and get an Android. Babies. 
    jbdragonicoco3waverboy
  • Reply 7 of 26
    EsquireCatsEsquireCats Posts: 484member
    jungmark said:
    Not satisfied? Return it and get an Android. Babies. 
    Then they'll never have to worry about an update again! Plus whenever they compromise their device's security with an unapproved 3rd party touch-id module/replacement, they won't have to worry about that pesky "security" thing getting in the way of candy crush and facebook chain letters.
    edited May 2016 baconstangjbdragonwaverboy
  • Reply 8 of 26
    tallest skiltallest skil Posts: 43,399member
    redefiler said:
    Reimbursement isn't enough.  They also need an apology card and a punch in the face.
    Get a pop-up card with a boxing glove on a spring.
    pulseimages
  • Reply 9 of 26
    baconstangbaconstang Posts: 536member
    NY1822 said:
    Do people really have this much time on their hands? 
    Bad lawyers have plenty of time to fabricate "Damages".
    jbdragon
  • Reply 10 of 26
    irnchrizirnchriz Posts: 1,580member
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    baconstangradarthekatai46
  • Reply 11 of 26
    croprcropr Posts: 905member
    irnchriz said:
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum
    singularity
  • Reply 12 of 26
    dewmedewme Posts: 1,950member
    It's unfortunate that people lost time and/or money obtaining repairs from unauthorized service providers who were inadequately prepared to repair devices that have special safeguards in place to protect the security, privacy, and integrity of the device and the data on the device. But to allege that Apple purposefully manipulated the devices to ensure that only Apple could repair the devices for profit is patently absurd. If Apple were to rely upon the repair business as a profit center they'd have much larger problems. I've never understood why people are so quick to assume evil intentions where Apple is concerned, except of course those who are looking for an easy way to cash in on lawyer incited money grabs. These class action lawsuits are also a joke. Don't the allegedly aggrieved plaintiffs realize they are stupid pawns in a scam where only the lawyers are getting the big payout while they are getting chump change or less? Yeah, it's pure American laziness, a desire to get a little extra cash or a trinket with absolutely zero investment or effort of any kind on your behalf. Par for the course.
  • Reply 13 of 26
    lkrupplkrupp Posts: 6,712member
    It has been reported that Apple was the target of the most lawsuits last year, all because they are successful and have a pile of money. Same thing happens to lottery winners. 
  • Reply 14 of 26
    plovellplovell Posts: 795member
    NY1822 said:
    Do people really have this much time on their hands? 
    Lawyers do. This is their job.

    Seriously, they stand to lose a bunch if this is dismissed. THat's why they're trying to keep it alive. On life-support if necessary, but at least alive. I don't expect it to work.
  • Reply 15 of 26
    Rayz2016Rayz2016 Posts: 4,556member
    cropr said:
    irnchriz said:
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum

    I thought you could send the phone back to Apple. 
  • Reply 16 of 26
    rob53rob53 Posts: 1,992member
    Rayz2016 said:
    cropr said:
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum

    I thought you could send the phone back to Apple. 
    You could but some people still complain. $5M? Were there that many people affected? There must be a lot of pain and suffering including.
  • Reply 17 of 26
    irnchrizirnchriz Posts: 1,580member
    cropr said:
    irnchriz said:
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum
    Yep, Apple can pickup, repair and return your iPhone.
    jkichline
  • Reply 18 of 26
    jkichlinejkichline Posts: 1,329member
    cropr said:
    irnchriz said:
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum
    There are services you can mail the device to and be repaired.
  • Reply 19 of 26
    jkichlinejkichline Posts: 1,329member
    If your car is having brake issues, and you take your car to a local mechanic who is not authorized, and if he replaces the parts with non-authorized factory equipment and then the brakes fail and you crash the car... Do you sue the car manufacturer?

    A: No.

    The fact is that these people contracted with a fly-by-night repair shop who is not Apple authorized. That company/person screwed up and they probably tried to sue them too. But the contract they signed probably limits liability and they have no money. This is a story of lawyers trying to squeeze money out of Apple and nothing more. Apple has fixed the problem and offered reimbursement.
  • Reply 20 of 26
    stevehsteveh Posts: 480member
    cropr said:
    irnchriz said:
    Seems about right, the people who got repairs through the bloke in mall kiosk or corner shop for a few bucks rather that have genuine parts are the exact same who want something for nothing and appreciate nothing.  Scum, the lot of them.
    So, living 4 hours driving from an Apple repair center, while there is a non official repair shop just around the corner, is enough to be qualified as scum
    Expecting to have Apple cover the damages, and more, if they've bailed on the admittedly less convenient official repair should be pretty clearly an own-goal error, yes.

    You don't actually have to drive that far, Apple service includes alternate means of getting the hardware to/from the service center.
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