A class action lawsuit has been filed against Apple over allegedly defective screens on Apple Watches. Plaintiffs claim that the watch models have a defect that causes the display to “crack, shatter or detach from the body of the watch.” The claimants say the cracking and shattering is of no fault of the wearer.
The lawsuit, which was filed in the United States District court for the Northern District of California, is seeking $5 million in damages.
The suit alleges that Apple is aware of the problem, but has failed to acknowledge them publicly and refuses to service affected customers. Apple says the issue is the result of accidental damage caused by the user.
Apple previously addressed some Watch issues, including swollen batteries and issues with back covers on Series 0 units.
The complaint states that Apple’s policy is to “deny the existence of the defect, claim the defect is the result of accidental damage caused by consumers, and then refuse to honor its limited warranty on those grounds.”
Apple charges out-of-warranty service fees that range from $229 to $329 in the U.S., and that is excluding high-end Edition models.
The lawsuit accuses Apple of unlawful business practices and acts, violating California’s Business and Professions Code, the Magnuson-Moss Warranty Act and the state’s Consumers Legal Remedies Act. It also claims that Apple breached express and implied warranties and accuses the company of unjust enrichment.
The suit is seeking damages to compensate Apple Watch owners for losses and damages as a result of the alleged defect. The complaint is demanding a jury trial.
The $5 million in damages appears to be on the low-end. It is speculated that very few customers would enjoy any restitution after court costs and attorney fees.
Apple has not commented on the lawsuit, which was brought on by Colorado resident Kenneth Sciacca.