Power button class action suit for iPhone 4, iPhone 4s, iPhone 5 will be heard on Oct. 25

Posted:
in iPhone
A class action lawsuit against Apple concerning sleep/wake button issues with the iPhone 4, iPhone 4s and iPhone 5 is going to be heard in a Californian court, with the lawyers bringing the lawsuit against the iPhone producer putting out a call for potentially affected device owners ahead of the October trial.

iPhone 5, one of the three models identified in the class action suit.
iPhone 5, one of the three models identified in the class action suit.


Launched in May 2013, the lawsuit is based on claims there is a design flaw with the sleep/wake button in the iPhone 4, one where the component failed typically about a year after acquiring the device. A recent update to the lawsuit reveals it will finally get its day in court this fall, and will cover the iPhone 4s and iPhone 5 as well.

The Superior Court of California, County of San Diego certified the case to proceed on January 8, a website set up by the plaintiffs advises, with the trial itself currently scheduled to take place on October 25, 2019.

It is alleged Apple sold the three iPhone models with defective power buttons, and failed to disclose the defect to customers, violating "various California state laws." This is said to be in breach of warranty, as well as violating the California Consumers Legal Remedies Act, the California Unfair Competition Law, the California Song-Beverly Act, and the Magnuson-Moss Warranty Act.

Apple denies the allegations, and that it did not do anything improper or unlawful.

The suit, "Shamrell, et al v. Apple Inc," seeks damages to recover the cost to repair the component, or the "diminished value" of the iPhone, as well as restitution, injunctive, and declaratory relief. Anthony Shamrell and Daryl Rysdyk are appointed as class representatives, with each appointing law firms Gomez Trial Attorneys and Doyle Lowther.

The suit is divided up into two separate classes. The main group consists of iPhone 4 and iPhone 4s owners from California, who bought either model from Apple or a third-party retailer between June 24, 2010 and October 10, 2011 for the iPhone 4, or October 11, 2011 to September 20, 2012 for the iPhone 4s.

In that class, only customers who suffered an intermittent fault with the button or it stopped working entirely are requested to participate, with those who had a repair or replacement from Apple not able to apply.

The second iPhone 5 class is for all California citizens who bought the iPhone from Apple or a retailer before April 1, 2013, and endured a power button issue during a three-year period from the date of purchase. Again, anyone who had their iPhone 5 repaired or replaced by Apple are excluded.

In April 2014, Apple launched a replacement program for faulty iPhone 5 sleep/wake buttons, providing the repair free of charge within four to six days, via an Apple Repair Center.

It is largely believed the flex cable dedicated to the power button slowly deteriorates, making it harder to press. After a number of actuations, the component fails from fatigue.

Comments

  • Reply 1 of 16
    I currently have 2 iPhone 4 (both purchased on launch day, 6/24/10) and 1 iPhone 5 that don’t have any issue with the sleep/wake button. However, the Home button on both iPhone 4 does not work and haven’t for a long time. I shouldn’t say “don’t work” but “rarely work” to the point where it was easier just to use the virtual home button.
    edited April 24 watto_cobra
  • Reply 2 of 16
    I never had problems with any of these phone models. Like all of the other lawsuits, the lawyers will benefit from this more than the Apple customers will.
    cornchipwatto_cobra
  • Reply 3 of 16
    jcs2305jcs2305 Posts: 758member
    I never had problems with any of these phone models. Like all of the other lawsuits, the lawyers will benefit from this more than the Apple customers will.
    I had the power button issue with my iPhone 4 bought on launch 2010. I used a fix that I saw on Youtube where i put a thin piece of plastic under the button to make it work properly, but only for so long.  It got me through to trade it in for the iPhone 5 in 2012. Loved my 5 and didn't have either issue. Only prob I had with the 5 was the battery and it was replaced for free by Apple under the battery replacement program.

    I do agree however..what kind of payout are people looking for this many years later?
    cornchipwatto_cobra
  • Reply 4 of 16
    lkrupplkrupp Posts: 7,146member
    I wonder if these plaintiffs still purchase Apple products and if so, why.
    cornchipwatto_cobra
  • Reply 5 of 16
    My iPhone X is 15 months old and the power/sleep button is starting to be unresponsive most times and lost the turgidity when you push it. I've never dropped it or got it wet. This was the first phone I didn't get insurance and paid $1300 total for the phone. Apple Store told me they can't fix it and I would need a new phone replacement, that the best they could do was $550 to swap. I know its past 12 month warrantee, but I don't think its fair to have to pay another $550 for something that is clearly a defect. I just sent it out to Apple and am awaiting my fate. I'll be pissed if I have to pay that full amount, I could have traded in and got a new Xs for the same deal.
  • Reply 6 of 16
    KuyangkohKuyangkoh Posts: 332member
    I never had problems with any of these phone models. Like all of the other lawsuits, the lawyers will benefit from this more than the Apple customers will.
    Agreed unless Apple says, its a lifetime guarantee that home buttons will work. Come on iphone4 is so yesterday. 
    watto_cobra
  • Reply 7 of 16
    MisterKitMisterKit Posts: 260member
    I had to pay for an out of warranty 4s broken power switch swap Winter 2014. I negotiated the Apple store down to $99 from $199 for the swap. It was pretty well known at the time that the switch was prone to breakage.
  • Reply 8 of 16
    spice-boyspice-boy Posts: 832member
    poor Apple I really hope they win, I want Apple to make all the money in the world and customers that have a problem with a (gasp) defective product be silenced. how's that guys am I on your side now?
  • Reply 9 of 16
    My iPhone 5 had both the defective power button and battery issues and Apple replaced both for no cost under the repair program that was offered to affected customers. They happened months apart and were both fixed for free. Not sure about the 4 or 4s, but the iPhone 5 had programs readily available to customers to remedy the defective parts. This was a long time ago too, so not sure why this is a being made into something now. If this was for the iPhone XS, then yeah, for sure a big issue. But iPhone 4 & 5? Come on. 
  • Reply 10 of 16
    mac_128mac_128 Posts: 3,448member
    My iPhone 4 had both the defective power button and home button. Made using it impossible in the final days before I upgraded to a 5s. Almost the whole last year I had to deal with it, because it was out of warranty.
  • Reply 11 of 16
    My iPhone X is 15 months old and the power/sleep button is starting to be unresponsive most times and lost the turgidity when you push it. I've never dropped it or got it wet. This was the first phone I didn't get insurance and paid $1300 total for the phone. Apple Store told me they can't fix it and I would need a new phone replacement, that the best they could do was $550 to swap. I know its past 12 month warrantee, but I don't think its fair to have to pay another $550 for something that is clearly a defect. I just sent it out to Apple and am awaiting my fate. I'll be pissed if I have to pay that full amount, I could have traded in and got a new Xs for the same deal.
    Generally it's the people who say "i didn't drop it" or "i never put it near water" who have the entire device splintered with cracks or dripping with water
  • Reply 12 of 16
    cornchipcornchip Posts: 1,333member
    I had a couple iPhones 4, one which was handed down to the wife. I can’t remember now if I had to replace either of the buttons on my phones, but I did replace a few of my friends home buttons. At least it was a cheap/easy fix. Nothing I’d initiate a lawsuit over really. 

    Edit: reading some of the comments, now I do remember; I did have to replace her wake/sleep/power button. 
    edited April 24
  • Reply 13 of 16
    leighrleighr Posts: 183member
    I never experienced this issue with my 4S. That said, a component failing after a year of continued use is still better than two days 😂 #FoldGate
    cornchip
  • Reply 14 of 16
    dysamoriadysamoria Posts: 2,199member
    I have an iPhone 4. Still running iOS 6 (and it’s beautiful). Home button SUCKS. Power/sleep button is fine.
  • Reply 15 of 16
    My iPhone X is 15 months old and the power/sleep button is starting to be unresponsive most times and lost the turgidity when you push it. I've never dropped it or got it wet. This was the first phone I didn't get insurance and paid $1300 total for the phone. Apple Store told me they can't fix it and I would need a new phone replacement, that the best they could do was $550 to swap. I know its past 12 month warrantee, but I don't think its fair to have to pay another $550 for something that is clearly a defect. I just sent it out to Apple and am awaiting my fate. I'll be pissed if I have to pay that full amount, I could have traded in and got a new Xs for the same deal.
    Generally it's the people who say "i didn't drop it" or "i never put it near water" who have the entire device splintered with cracks or dripping with water
    Except not.
  • Reply 16 of 16
    gatorguygatorguy Posts: 20,698member
    My iPhone 5 had both the defective power button and battery issues and Apple replaced both for no cost under the repair program that was offered to affected customers. They happened months apart and were both fixed for free. Not sure about the 4 or 4s, but the iPhone 5 had programs readily available to customers to remedy the defective parts. This was a long time ago too, so not sure why this is a being made into something now. If this was for the iPhone XS, then yeah, for sure a big issue. But iPhone 4 & 5? Come on. 
    It's not something new. It has taken this long to actually make it to a trial. As the article notes this case was actually filed back in 2013.
Sign In or Register to comment.