Apple's iPhone water resistance has a big catch, claims new lawsuit
A lawyer in Quebec who is calling for a class-action lawsuit against Apple over it refusing to repair any iPhone damaged by water, despite advertising that its phones can be submerged.
Apple says iPhones are water resistant, but there's a catch
In a similar case to a New York suit that was ultimately dismissed in 2022, Quebec lawfirm LPC Avocats is representing a 19-year-old student whose iPhone is described as coming into contact with water near a pool. The account, by Montreal's CTV News is no clearer than that.
But it does report lawyer Joey Zukran recounting how Apple refused to repair the student's iPhone, because of the contact with water.
"So the warranty says that it does not apply the data liquid contact, which is completely ridiculous when you look at the marketing that Apple uses," said Zukran. "How can you exclude liquid when you advertise that it can fall in a pool and be fine?"
Zukran is seeking authorization to bring a class-action suit against Apple on behalf of the student, and of anyone in the province who has had a similar situation. Specifically, the proposed suit wants to have Apple remove its "liquid contact" clause, reimburse any repair fees, and also pay $500 per person.
"So you essentially have a contract that says your phone is 'Oops resistant', you can drop it in the pool, and you'll be fine, only to come a few paragraphs later and say liquid contact voids your warranty," he continued. "So you have two contradictory clauses in a consumer contract, which, again, according to the law, has to be interpreted in favor of the consumer or the adherent."
Zukran previously brought a suit against Apple over battery life in the iPhone. It was filed in 2019, and the Quebec Court of Apple ultimately upheld the decision that went against Apple.
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Comments
The phone is water resistant and sometimes, possibly, it may survive contact with water.
When water damages it, it's not covered.
When water doesn't damage it, it's still under warranty.
I know it's silly, but basically Apple is saying it might survive water exposure, but it's not under warranty when it doesn't survive.
I don’t think too many people will push their iPhone to the limit beyond the IP67 standards, just for free repairing.
Counter intuitive perhaps, but it is the way it has always been.
To be fair, AppleCare+ (unlike the standard warrantee) does have a clause that states repairs will not exceed $79 for water damage.
Just because someone says the phone was only submerged briefly doesn’t mean it’s true. It’s like the people that claim their display shattered when their phone only fell on a soft mattress, I swear!
However, it’s also possible that not every seal is perfect and let water through with a quick encounter with shallow water. Apple knows that they sometimes ship a faulty display or TouchID sensor that needs replacement under warranty. Do they assume that all the seals are 100% perfect in every device sold?
Now about to contact AC+ about my wife’s Series 9 Apple Watch that quits logging an activity within a few minutes. (Activities are one of the main uses for her Apple Watche). Will see the response. Honestly I will go thru the troubleshooting steps again w Apple (didn’t help when I did them) and will request a replacement if unsuccessful. See how it goes.
"If during the Plan Term you submit a valid claim by notifying Apple that the Covered Device has failed due to accidental damage from handling resulting from an unexpected and unintentional external event (such as, drops and damage caused by liquid contact) (“ADH”), Apple will, subject to your payment of the service fee described below, either (i) repair the defect using new parts or previously used genuine Apple parts that have been tested and pass Apple functional requirements, or (ii) exchange the Covered Device with a replacement product that is new or comprised of new and/or previously used genuine Apple parts and has been tested and passed Apple Functional requirements."
The logic for the limited warranty is probably something along the lines of "The design was tested for IP##, if there is water ingress under those conditions you must have damaged the seals".
Apple should mention that iPhone is rated at IPxx on the specification list, but don’t advertise how does it resist the water by any circumstance.
It is some thing back to the day only a few manufacturers make IP rated phone (Sony start this?), then the Water Resistance capability was standout, but most of the well known player in the market already did it now, not much excited about it anymore.
Apple designs the iPhone to comply the IP rate, tested, but Apple does not send Every iPhone to test, to say the iPhone in your hand will 100% the same.
It is not like to guarantee the display works properly, the battery has the capacity which stated, the camera can take picture, the phone works…etc.
Apple has QC to test these to guarantee the quality of the product, if there are any odd case, warranty and replacement, or even refund will take care of it.
So, the official ads give an image to the people that the iPhone can take picture next to the pool and withstand a splash, or talking to the phone under the rain, or even wash the iPhone…(you may find it on youtube~)
It did give a illusion to the customer.
My iPhone 13 Pro had dust in the lens, despite being sealed. You're saying that shouldn't have been covered because I must have somehow done something to get dust in the lens?
Either way in the UK, or the EU, and I would imagine Canada, Apple would have not a leg to stand on. You can't advertise the use of something then claim that using it that way might damage the product and that they won't cover it. That's just ridiculous, and it's fraudulent advertising.
Adding an exclusion doesn't mean it's legal. It has yet to be tested in court.