AirPods Pro crackling issue target of new class-action lawsuit

AppleInsider

A class-action lawsuit is accusing Apple of false advertising, claiming the crackling issue of the first-gen AirPods Pro go against Apple's marketing promises.

AirPods Pro

Filed on November 1 in the United States District Court for the Northern District of California, the proposed class action lawsuit titled "LaBella et al v. Apple" claims that Apple was incorrect in marketing the high-quality audio of the AirPods Pro. Across 51 pages, the lawsuit alleges that the audio issues of the personal audio accessories go directly against the quality claims.

The lawsuit, first reported by ClassAction.org, discusses how consumers complained about audio problems when using the AirPods Pro within months of release. The issues were significant enough for Apple to launch a service program for affected units made before October 2020.

However, the lawsuit insists that the problems aren't just experienced by users of initially produced units, and that all first-generation AirPods Pro actually suffer from the issues. Apple was supposedly aware of it affecting more users, so it allegedly extended the service program to cover AirPods for three years after the initial sale.

Apple's own support documents explain that users could hear cracking or static sounds, along with Active Noise Cancellation faults, in certain circumstances. This included the use of the AirPods Pro in loud environments, or while a user was exercising or in a phone call.

The lawsuit further claims that customers would've either avoided the AirPods Pro or paid less for them if the issues were known about beforehand.

"The AirPods Pro Gen 1 were thus not worth the premium price that consumers paid for them-- as they contained an Audio Defect and did not live up to Apple's advertising," the suit states.

Apple is also alleged to have failed to notify first-gen model buyers of the support program's existence.

The claims for relief include accusations Apple breached its warranty under California law, Ohio law, Texas law, and Pennsylvania law, violations of the Song-Beverly Consumer Warranty Act, the California Consumer Legal Remedies Act, California Unfair Competition law, and the Consumer Protection Acts.

In its Prayer for Relief, the lawsuit demands damages to plaintiffs and class members, pre- and post-judgment interest, for Apple to repair and replace affected AirPods Pro units, and attorneys' fees.





Read on AppleInsider

Scot1

I’ve had two complete sets of original AirPod Pro replaced because of the crackling. The Apple employees were great and understanding and no questions asked.

AppleZulu

I went through a couple rounds of replacements-of-replacements for the first generation AirPods Pro because of the 'crackling' issues. Would it be better if they didn't have that problem? Absolutely. Given how painless the warranty replacement process was, however, I fail to see how a class action suit is appropriate. Since Apple already implemented a replacement program for affected AirPods, what is the point of a suit seeking to make Apple implement a repair and replace program for affected AirPods, other than to provide for a vehicle to collect attorneys' fees that hadn't previously been needed, since Apple willingly addressed the problem without a lawsuit?

P.S. This is precisely why Apple put the charging port on the bottom of the Magic Mouse. By making it impossible to use the mouse while it's charging, they avoid the lawsuits from the inevitable cases of damaged charging ports that would result from some people leaving their wireless mice plugged in all the time while using them. Apple could've put the port on the front and plastered warnings everywhere, telling users not to leave the mouse plugged in once it's charged. They could've even written code that would pop up a dialog box that says, "Your Magic Mouse is fully charged. Please disconnect it from the charging cable. Do not leave your Magic Mouse plugged in after it is charged, as you may eventually damage your Magic Mouse by leaving it plugged in while using it. [OK]."  Some percentage of users would click "ok" and leave it plugged in anyway.

Some percentage of them would then eventually damage the charging port on their Magic Mouse by torquing and twisting a connection not designed for constant, repetitive motion. They would then find some lawyers who would file a class action suit arguing that by putting the charging port on the front of the mouse, Apple knew that some users would leave them plugged in and damage their devices. In fact, the lawyers would argue, those warnings serve as an admission that Apple knew about this "defect," and therefore they must repair or replace any mouse damaged by such misuse, and then pay a hefty damages fee to customers and their lawyers in penance for this grievous mistake.

genius_mac

I had an Airpods Pro 1st generation that was denied the fix because their service program had expired. I had not used them much while exercising or in calls. The buzzing got worse if I used the airpods while moving or spoke. When i found about the service program it was too late. 

The Apple staff acknowledged it was a common issue and recommended buying new AirPods rather than repairing them since they were no longer covered by the service program. 

OctoMonkey

genius_mac said:

I had an Airpods Pro 1st generation that was denied the fix because their service program had expired. I had not used them much while exercising or in calls. The buzzing got worse if I used the airpods while moving or spoke. When i found about the service program it was too late. 

The Apple staff acknowledged it was a common issue and recommended buying new AirPods rather than repairing them since they were no longer covered by the service program. 

At which point, I would purchase a different manufacturer's earbuds - You sold me defective earbuds, knew I owned the earbuds, didn't inform me of the service program and now want me to purchase another set of earbuds from you?

JamesCude

Apple = Lawyers’ Slot Machine 

AniMill

I had no idea this was a known issue. My set has had this problem forever, but it never occurred to me it was a defect, I always assumed it was interference or a bad connection issue. Damn, if I’d known I’d gotten some replacements.

I hope the next version about to drop (early next year?) does not suffer the same problem.

jeffharris

My wife’s AirPods Pro v1 had that issue. I just bought her a set of version 2.
i had no idea it was an issue or that Apple had a replacement policy.

My first generation AirPods Pro are fine. 

I just had to buy foam buds so they stay in my ears. The stock Apple ones are terrible.

I don’t particularly like the sound quality, but they’re okay for watching movies late at night on my iPad.

MikeTaku111

Hi there, I hope you all are doing well,
Can you please tell me why is Apple being sued over the AirPods Pro, and what are the main issues with the product?

AppleZulu

OctoMonkey said:

genius_mac said:

I had an Airpods Pro 1st generation that was denied the fix because their service program had expired. I had not used them much while exercising or in calls. The buzzing got worse if I used the airpods while moving or spoke. When i found about the service program it was too late. 

The Apple staff acknowledged it was a common issue and recommended buying new AirPods rather than repairing them since they were no longer covered by the service program. 

At which point, I would purchase a different manufacturer's earbuds - You sold me defective earbuds, knew I owned the earbuds, didn't inform me of the service program and now want me to purchase another set of earbuds from you?

It was a ‘service program,’ not a recall, and was/is in effect for three years after the device was originally purchased. If an owner had the problem for years and never asked about it or even wondered enough to google the symptoms, that seems like the issue was a pretty low priority for that owner. First-gen devices have been off the market for over two years, so it’s questionable how many replacements they’d still even have in stock. So you think someone who let it go for that long without checking into it should get what, exactly? A free pair of second generation earbuds?

ivaua

I'm three full replacement in + one bud replaced. First replacement happened two weeks in since purchase. All warrantees passed together with special maintenance program from Apple... and they are crackling AGAIN, so they are just seating on the desk as emergency spare.

And AirPods Max are in trash together with infamous case. Three replacements at first year of usage and later when they broke again, I went to Apple to ask what's the repair cost and I was give a quotation EXCEEDING by 25% the price of new pair of MAXs from Apple. As a consolation I was offered a 10% discount to purchase a new pair. 
Still loving Apple, but this was the most frustrating, infuriating experience I've ever had with any product I've ever bought from Apple.

AppleZulu

MikeTaku111 said:

Hi there, I hope you all are doing well,
Can you please tell me why is Apple being sued over the AirPods Pro, and what are the main issues with the product?

Hi there, I hope you are doing well, Can you please tell me if you are a bot that either asks a question that is answered in the article or simply summarizes the information already stated in the article?

tokyojimu

Prayer for Relief? I would think this goes against the separation of church and state.

warmc0rn

this is so messed up. Mine have been crackling for almost a year now and I’m just now hearing about this. My 3 years passed this June. What can I do? Just wait for lawsuit now?

gatorguy

I'm amazed by the number of people who say their AirPods have the crackling issue, yet never bothered to check and see if Apple would replace them as defective. Are there that many people who accept flaws and hiccups as normal for Apple stuff and don't look elsewhere for answers?

AppleZulu

warmc0rn said:

this is so messed up. Mine have been crackling for almost a year now and I’m just now hearing about this. My 3 years passed this June. What can I do? Just wait for lawsuit now?

So you had crackling earbuds for seven months’ of replacement program eligibility and never thought to check with Apple or even had the curiosity to do a search online to see what’s up?

Maybe just chalk it up as a lesson learned, act like a grown-up and buy a new pair. 

AppleZulu

gatorguy said:

I'm amazed by the number of people who say their AirPods have the crackling issue, yet never bothered to check and see if Apple would replace them as defective. Are there that many people who accept flaws and hiccups as normal for Apple stuff and don't look elsewhere for answers?

Every once in a while someone will post on the neighborhood social media that their (usually unlocked with valuables in plain sight) car had been burgled. Sometimes others then reply with a similar story. When asked if anyone reported the thefts to the police, it seems not to have occurred to anyone to do anything other than complain on social media. I assume the thought process is similar in this case.