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Apple tells a judge their phones are only guaranteed to work for 365 days

Master Disaster

Nope, that's not clickbait....

 

So a bunch of iPhone users started a class action against the giant because their screens were failing

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The consumer tech giant is facing a class-action lawsuit filed by disgruntled customers after the touch screen on their devices stopped working properly.

 

Known as “touch disease” the issue has plagued a small percentage of iPhone 6 and iPhone 6 Plus users who complained of diminishing sensitivity and spotty functionality of the touch screen after owning the device for a short while. With an unresponsive touchscreen the phone effectively becomes frozen and can’t be used properly.

Apple is basically saying they only guarantee 365 days of use and this issue is not their problem

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In fact Apple says its flagship product, the iPhone, is technically only guaranteed to last for 365 days. At least that’s what the company is arguing in a Californian court.

 

Because the plaintiffs in the Californian case say the touch disease infected their phones after a year of ownership, Apple is washing its hands of any responsibility.

 

The plaintiffs legal team is arguing the device should be under protection for at least the term of a contract

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A year is actually the default warranty you get when you buy an iPhone. In reality, the average iPhone will easily last more than two or three years, especially if you’re willing to go to the trouble to replace the glued-down battery which has a limited lifespan.

 

But the plaintiffs in the case assert there is a reasonable expectation among customers that the device will last the standard length of a contract with mobile carriers.

 

The lawsuit argues that “consumers reasonably expect that smartphones will remain operable for at least two years when not subject to abuse or neglect because the overwhelming majority of smartphone users are required to sign service contracts with (mobile) carriers for two year periods.”

So now Apples lawyers are arguing that the courts can't force them to rewrite their terms based on consumer expectations

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Despite publicly saying it makes the most durable devices Apple isn’t afraid to fall back on a legal technicality to win the case.

 

In a bid to have it thrown out, Arturo González, the lawyer representing Apple in the case filed a motion earlier in the year arguing it is “not appropriate for courts to rewrite the express terms of a warranty simply because of a consumer’s unilateral expectations about a product.”

 

To hold Apple accountable “simply because plaintiffs expect their iPhones to last the length of their cellular service contracts” would put an unfair burden on the company, reads the motion, which was published by Motherboard.

 

“Nowhere do plaintiffs allege that the iPhone 6 or 6 Plus deviated from Apple’s intended design,” it added.

http://www.news.com.au/technology/gadgets/mobile-phones/apple-argues-that-its-iphone-is-legally-not-guaranteed-to-last-for-more-than-a-year/news-story/5d195f47bf0525a7bdca7caa608f3dab

 

I genuinely don't know what to say here except Fuck Apple and their greedy corporate ways in every possible way.

 

I can't wait for the Apple brigade to try and defend this shit.

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A year doesn't seem like a long warranty, so much for taking pride in the quality of your product... In the EU, consumer electronics cannot offer less than two years unless sold as refurbished or similar. 

 

However, as long as 1 year warranty is legal in the US, they don't have a case. The argument of the carrier contract is ridiculous: first, you can buy an unlocked phone directly from Apple, buying through the carrier is a (dubious) choice. Second, if you choose to buy from the carrier, it is the carrier who imposes the 2 year minimum contract in return for "financing" your purchase. Hence, if you think locking you for 2 years for buying a product with a 1 year warranty is wrong, it is you carrier you should complain to. You cannot just go to a store who offers 5 year loans, purchase the phone there, then tell the manufacturer that you "reasonably expected" the warranty to be 5 years, even if it's clearly written what the warranty of the product is in the relevant warranty booklet or whatever. 

But if "I expected instead of reading" is to be accepted as an argument, then one again it should be aimed at the carrier, which is who designed the 2-year arrangement and therefore drove your expectations. It's insane to complain at a manufacturer based on the practices of your retailer of choice (just like it would be to blame the retailer for the faults of the manufacturer). 

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Yay for extended warranty!!!

 

Even though it is quite expensive, it has payed off a number of times for me, where devices have died/broken just weeks after the expiration of the included warranty period. Also, thanks to places such as JB Hi-Fi who have made it super simple to claim warranty. 

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I don't see the plaintiff's point, why is Apple responsible for support during another company's contract? If anything, they should be sueing the carriers who give you a phone under contract and then refuse to service it if it breaks during that time.

 

As for what they'd expect the phone to last, the solution is simple: don't buy from Apple if you don't like the way they treat their customers.

3 minutes ago, SpaceGhostC2C said:

A year doesn't seem like a long warranty, so much for taking pride in the quality of your product... In the EU, consumer electronics cannot offer less than two years unless sold as refurbished or similar. 

 

However, as long as 1 year warranty is legal in the US, they don't have a case. The argument of the carrier contract is ridiculous: first, you can buy an unlocked phone directly from Apple, buying through the carrier is a (dubious) choice. Second, if you choose to buy from the carrier, it is the carrier who imposes the 2 year minimum contract in return for "financing" your purchase. Hence, if you think locking you for 2 years for buying a product with a 1 year warranty is wrong, it is you carrier you should complain to. You cannot just go to a store who offers 5 year loans, purchase the phone there, then tell the manufacturer that you "reasonably expected" the warranty to be 5 years, even if it's clearly written what the warranty of the product is in the relevant warranty booklet or whatever. 

But if "I expected instead of reading" is to be accepted as an argument, then one again it should be aimed at the carrier, which is who designed the 2-year arrangement and therefore drove your expectations. It's insane to complain at a manufacturer based on the practices of your retailer of choice (just like it would be to blame the retailer for the faults of the manufacturer). 

I agree. Apple does not care one bit about the quality of their service and, while legally they are probably in the right here, we can take this as a good indication of what behaviour we can expect after throwing half a salary their way.

5 minutes ago, JohnnyCorporalTech said:

Yay for extended warranty!!!

 

Even though it is quite expensive, it has payed off a number of times for me, where devices have died/broken just weeks after the expiration of the included warranty period. Also, thanks to places such as JB Hi-Fi who have made it super simple to claim warranty. 

One might think that a slightly longer warranty should be a given on a device which costs over 800$. Nevertheless if the contract states one year, it is one year.

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I guess i got lucky, i have my iphone 5 still, never skipped a beat and i don't plan on replacing it until it stops xD 

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You guys are going out of context. For the region where the question was asked, the device has a 1 year warranty by default. And therefore, Apple is legally obligated to ensure that the device works in that period, else repair it or replace it. After that period, Apple doesn't need to care. Although, they probably target 2 years, for regions that requires it, as the device is sold worldwide, and also cover themselves for Apple Care.

 

Apple will deal with countries and regions that requires longer warranties, where they can be very stiff in covering you, or do it at a loss, paid back by other regions.

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It seems to me, that the good will Apple would gain by replacing these screens would be far more valuable than the cost they would expend to do so.  It would be in their best interest to extend the warranty.  Even if they covered the shipping costs for every one of those phones to be shipped to them, it would still be just a drop in the bucket to them.

 

I could see this getting argued under the lemon law (even though this isn't a vehicle), and Apple may well lose in that case.

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3 minutes ago, GoodBytes said:

You guys are going out of context. For the region where the question was asked, the device has a 1 year warranty by default. And therefore, Apple is legally obligated to ensure that the device works in that period, else repair it or replace it. After that period, Apple doesn't need to care. Although, they probably target 2 years, for regions that requires it, as the device is sold worldwide, and also cover themselves for Apple Care.

 

Apple will deal with countries and regions that requires longer warranties, where they can be very stiff in covering you, or do it at a loss, paid back by other regions.

Thank you. I was just going to post this as apple care extends it by another 2 years

ƆԀ S₱▓Ɇ▓cs: i7 6ʇɥפᴉƎ00K (4.4ghz), Asus DeLuxe X99A II, GT҉X҉1҉0҉8҉0 Zotac Amp ExTrꍟꎭe),Si6F4Gb D???????r PlatinUm, EVGA G2 Sǝʌǝᘉ5ᙣᙍᖇᓎᙎᗅᖶt, Phanteks Enthoo Primo, 3TB WD Black, 500gb 850 Evo, H100iGeeTeeX, Windows 10, K70 R̸̢̡̭͍͕̱̭̟̩̀̀̃́̃͒̈́̈́͑̑́̆͘͜ͅG̶̦̬͊́B̸͈̝̖͗̈́, G502, HyperX Cloud 2s, Asus MX34. פN∩SW∀S 960 EVO

Just keeping this here as a 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̌̅̒̾̈́̆͌̌̾̎̽̐̅̏́̈̔͛̀̋̃͊̒̓͗͒̑͒̃͂̌̄̇̑̇͛̆̾͛̒̇̍̒̓̀̈́̄̐͂̍͊͗̎̔͌͛̂̏̉̊̎͗͊͒̂̈̽̊́̔̊̃͑̈́̑̌̋̓̅̔́́͒̄̈́̈̂͐̈̅̈̓͌̓͊́̆͌̉͐̊̉͛̓̏̓̅̈́͂̉̒̇̉̆̀̍̄̇͆͛̏̉̑̃̓͂́͋̃̆̒͋̓͊̄́̓̕̕̕̚͘͘͘̚̕̚͘̕̕͜͜͝͝͝͠͝͝͝͝͠ͅS̷̢̨̧̢̡̨̢̨̢̨̧̧̨̧͚̱̪͇̱̮̪̮̦̝͖̜͙̘̪̘̟̱͇͎̻̪͚̩͍̠̹̮͚̦̝̤͖̙͔͚̙̺̩̥̻͈̺̦͕͈̹̳̖͓̜͚̜̭͉͇͖̟͔͕̹̯̬͍̱̫̮͓̙͇̗̙̼͚̪͇̦̗̜̼̠͈̩̠͉͉̘̱̯̪̟͕̘͖̝͇̼͕̳̻̜͖̜͇̣̠̹̬̗̝͓̖͚̺̫͛̉̅̐̕͘͜͜͜͜ͅͅͅ.̶̨̢̢̨̢̨̢̛̻͙̜̼̮̝̙̣̘̗̪̜̬̳̫̙̮̣̹̥̲̥͇͈̮̟͉̰̮̪̲̗̳̰̫̙͍̦̘̠̗̥̮̹̤̼̼̩͕͉͕͇͙̯̫̩̦̟̦̹͈͔̱̝͈̤͓̻̟̮̱͖̟̹̝͉̰͊̓̏̇͂̅̀̌͑̿͆̿̿͗̽̌̈́̉̂̀̒̊̿͆̃̄͑͆̃̇͒̀͐̍̅̃̍̈́̃̕͘͜͜͝͠͠z̴̢̢̡̧̢̢̧̢̨̡̨̛̛̛̛̛̛̛̛̲͚̠̜̮̠̜̞̤̺͈̘͍̻̫͖̣̥̗̙̳͓͙̫̫͖͍͇̬̲̳̭̘̮̤̬̖̼͎̬̯̼̮͔̭̠͎͓̼̖̟͈͓̦̩̦̳̙̮̗̮̩͙͓̮̰̜͎̺̞̝̪͎̯̜͈͇̪̙͎̩͖̭̟͎̲̩͔͓͈͌́̿͐̍̓͗͑̒̈́̎͂̋͂̀͂̑͂͊͆̍͛̄̃͌͗̌́̈̊́́̅͗̉͛͌͋̂̋̇̅̔̇͊͑͆̐̇͊͋̄̈́͆̍̋̏͑̓̈́̏̀͒̂̔̄̅̇̌̀̈́̿̽̋͐̾̆͆͆̈̌̿̈́̎͌̊̓̒͐̾̇̈́̍͛̅͌̽́̏͆̉́̉̓̅́͂͛̄̆͌̈́̇͐̒̿̾͌͊͗̀͑̃̊̓̈̈́̊͒̒̏̿́͑̄̑͋̀̽̀̔̀̎̄͑̌̔́̉̐͛̓̐̅́̒̎̈͆̀̍̾̀͂̄̈́̈́̈́̑̏̈́̐̽̐́̏̂̐̔̓̉̈́͂̕̚̕͘͘̚͘̚̕̚̚̚͘̕̕̕͜͜͝͠͠͝͝͝͝͠͝͝͝͠͝͝͝͝͝͝ͅͅͅī̸̧̧̧̡̨̨̢̨̛̛̘͓̼̰̰̮̗̰͚̙̥̣͍̦̺͈̣̻͇̱͔̰͈͓͖͈̻̲̫̪̲͈̜̲̬̖̻̰̦̰͙̤̘̝̦̟͈̭̱̮̠͍̖̲͉̫͔͖͔͈̻̖̝͎̖͕͔̣͈̤̗̱̀̅̃̈́͌̿̏͋̊̇̂̀̀̒̉̄̈́͋͌̽́̈́̓̑̈̀̍͗͜͜͠͠ͅp̴̢̢̧̨̡̡̨̢̨̢̢̢̨̡̛̛͕̩͕̟̫̝͈̖̟̣̲̖̭̙͇̟̗͖͎̹͇̘̰̗̝̹̤̺͉͎̙̝̟͙͚̦͚͖̜̫̰͖̼̤̥̤̹̖͉͚̺̥̮̮̫͖͍̼̰̭̤̲͔̩̯̣͖̻͇̞̳̬͉̣̖̥̣͓̤͔̪̙͎̰̬͚̣̭̞̬͎̼͉͓̮͙͕̗̦̞̥̮̘̻͎̭̼͚͎͈͇̥̗͖̫̮̤̦͙̭͎̝͖̣̰̱̩͎̩͎̘͇̟̠̱̬͈̗͍̦̘̱̰̤̱̘̫̫̮̥͕͉̥̜̯͖̖͍̮̼̲͓̤̮͈̤͓̭̝̟̲̲̳̟̠͉̙̻͕͙̞͔̖͈̱̞͓͔̬̮͎̙̭͎̩̟̖͚̆͐̅͆̿͐̄̓̀̇̂̊̃̂̄̊̀͐̍̌̅͌̆͊̆̓́̄́̃̆͗͊́̓̀͑͐̐̇͐̍́̓̈́̓̑̈̈́̽͂́̑͒͐͋̊͊̇̇̆̑̃̈́̎͛̎̓͊͛̐̾́̀͌̐̈́͛̃̂̈̿̽̇̋̍͒̍͗̈͘̚̚͘̚͘͘͜͜͜͜͜͜͠͠͝͝ͅͅͅ☻♥■∞{╚mYÄÜXτ╕○\╚Θº£¥ΘBM@Q05♠{{↨↨▬§¶‼↕◄►☼1♦  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Well this is crazy but both Apple and specially their customers need to reconsider 700 to over 1000 USD priced phones.

 

And with as many sales as they manage no it's not just people who can afford them buying them is regular, dumbass folk that want the best of the best and can't really afford it.

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11 minutes ago, BuckGup said:

Thank you. I was just going to post this as apple care extends it by another 2 years

So Apple will care for more than 1 year as long as you pay them to?

 

There's no missed context here guys, this was a production fault affecting multiple people and Apple basically said "meh, your phone is out of warranty so we don't care".

 

This is the company the iSheep say are justified overcharging because you're paying for the Apple experience. The only experience these customers got was butt rape.

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23 minutes ago, Sauron said:

I don't see the plaintiff's point, why is Apple responsible for support during another company's contract? If anything, they should be sueing the carriers who give you a phone under contract and then refuse to service it if it breaks during that time.

This. I'm not familiar with US law, but that is the case here (UK). While manufacturers have to offer certain warranties, when you buy something, your contract is with the retailer (carrier, whatever) NOT the manufacturer. Redress needs to be in the first instance through them, and it is then their responsibility to take it up with the manufacturer separately.

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I would say that this is a case of planned obsolescence which I think should be a crime as I at least think it's false advertising or at least a business practice that I think should be legally condemned. Providing software updates is not the whole circle. If you're going to build a device support it for 2 years software and hardware. Because while I might be getting into a 24 months pattern of upgrading every 24 months or two years. I don't like to have paperweights my S6 could probably chug along for another 2 years if I had wanted that but there was a deal going on that was too irresistible at best buy. (Last month they were taking $300 off Verizon S8/S8+s, like $400 for Sprint S8/S8+ and like $250 for the other S8/S8+s)

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1 hour ago, Sauron said:

I don't see the plaintiff's point, why is Apple responsible for support during another company's contract? If anything, they should be sueing the carriers who give you a phone under contract and then refuse to service it if it breaks during that time.

 

As for what they'd expect the phone to last, the solution is simple: don't buy from Apple if you don't like the way they treat their customers.

I agree. Apple does not care one bit about the quality of their service and, while legally they are probably in the right here, we can take this as a good indication of what behaviour we can expect after throwing half a salary their way.

One might think that a slightly longer warranty should be a given on a device which costs over 800$. Nevertheless if the contract states one year, it is one year.

Because the verbage is bad. We don't do contracts here, we do payments that flow through the carrier's to the manufacturer. Carriers just hand the money over. So if you do a payment plan on $720, that's $30/month and it goes from the consumer to the carrier and then to Apple. Carriers don't keep the money. Apple is trying to cop out saying buy extended warranties. Look I'm all for extended coverage I work for a carrier, but we get them for a small chance of a defect. Apple saying they make their phones last a year is complete BS.

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40 minutes ago, wcreek said:

I would say that this is a case of planned obsolescence which I think should be a crime as I at least think it's false advertising or at least a business practice that I think should be legally condemned. Providing software updates is not the whole circle. If you're going to build a device support it for 2 years software and hardware. Because while I might be getting into a 24 months pattern of upgrading every 24 months or two years. I don't like to have paperweights my S6 could probably chug along for another 2 years if I had wanted that but there was a deal going on that was too irresistible at best buy. (Last month they were taking $300 off Verizon S8/S8+s, like $400 for Sprint S8/S8+ and like $250 for the other S8/S8+s)

Shit dying isn't planned obsolescence. It's just bad luck. If Apple truly wanted to practice it then my 6 wouldn't be working after 3 years just as it did day 1. 

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7 minutes ago, Snaeb said:

Because the verbage is bad. We don't do contracts here, we do payments that flow through the carrier's to the manufacturer. Carriers just hand the money over. So if you do a payment plan on $720, that's $30/month and it goes from the consumer to the carrier and then to Apple. Carriers don't keep the money. Apple is trying to cop out saying buy extended warranties. Look I'm all for extended coverage I work for a carrier, but we get them for a small chance of a defect. Apple saying they make their phones last a year is complete BS.

That doesn't really matter, the carrier is giving you a 2 or 3 year contract, not apple. Since apple does not provide more than a 1 year warranty in those places, they can deny you service regardless of how long the carrier's contract lasts.

 

But of course, as I said, even though they're legally in the right doesn't mean we have to like it and support them by buying their phones.

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And I still remember the batteries dying within 18 months on iPod nano. Which was something anyone in my family wouldn't expect with laptops and phones lasting at least 5 years before their batteries started going downhill (leading to replacements).

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Just now, Sauron said:

That doesn't really matter, the carrier is giving you a 2 or 3 year contract, not apple. Since apple does not provide more than a 1 year warranty in those places, they can deny you service regardless of how long the carrier's contract lasts.

 

But of course, as I said, even though they're legally in the right doesn't mean we have to like it and support them by buying their phones.

We don't do contracts in the state anymore. You are not penalized for canceling service. You are just required to pay off the device before leaving. The loan is handled by the carrier's for the Manufacturers. For most carriers it's 24 months 0% interest. So you are financing the iPhone for 24 months but only get a 12 month warranty.

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Apple doesn't give two shits because it knows that even people who had issues with one of their prior phones will be chomping at the bit to drop $1K on their latest device.

 

The general masses care about being "trendy" above all else and Apple is ready to give it to them whenever they bend over xD

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  1. Buy the phone in full day 1. Your plans choices are fully opened, you have power to change provider each month, you have power to price negotiate, your payments are less.
  2. Don't buy what you can't afford. If you can't afford the latest and greatest iPhone, don't buy it. Get something that fits your budget. This also helps breaking out from low saving budget, or living paycheck by paycheck.  Phones are fast enough these days. They all run all the apps, at good speeds, do phone calls, take decent or higher pictured (based on your budget)
  3. You don't need more dept and headache.

 

So the idea of getting a phone on contract or financing doesn't/shouldn't make sense for most people. Carrier pushes these things, as it locks you in. Even in the US where "you don't have contracts", they can crap on you, and they know you won't pay the 300-500$ or whatever in one shot to leave to another carrier. They have you locked in. It is a psychological game on you. Let explain. This is because most people will  go: "Well.. they crap they do to me (constant billing error that needs to be fix, poor service, etc.), is it worth me paying several hundred of dollars in one shot... is my phone worth that much right now?". Also, if you didn't buy the phone in full on day 1, you probably not in a financial situation in pay the rest of the phone, as you should have NOT bough the phone in the first place. This is how most people get their phones in Europe and Asia, if you didn't know.

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13 minutes ago, Dan Castellaneta said:

A year is the default warranty that most Apple products come with. They aren't in the wrong to say that they're only guaranteed to work for the length of a standard year.

Most electronics are 90-days to 1 year warranty in US and Canada, and many other regions in the world. Why? Usually, it is to keep the price down and competitive or maximize profit. Longer the warranty, the more devices and parts they need to keep in warehouses as reserved to service/replace devices.

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17 minutes ago, Snaeb said:

We don't do contracts in the state anymore. You are not penalized for canceling service. You are just required to pay off the device before leaving. The loan is handled by the carrier's for the Manufacturers. For most carriers it's 24 months 0% interest. So you are financing the iPhone for 24 months but only get a 12 month warranty.

Again, why does it matter? It is the carrier who made this deal with Apple, financing over 24 months is not something they do on their own. It's up to the carrier to either negotiate better terms of clarify that the phone is under warranty only for the first year regardless.

Don't ask to ask, just ask... please 🤨

sudo chmod -R 000 /*

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