A lawyer in Canada’s Quebec province plans to file a class action lawsuit against Apple. The reason for this complaint is the contradictory advertisements that Apple publishes about the iPhone’s water resistance, and on the other hand, it refuses to repair iPhones that have been damaged by water.
The new case against Apple in Canada has similarities to the New York case that was dismissed in 2022. According to AppleInsider, Quebec law firm LPC Avocats is representing a 19-year-old student whose iPhone came into contact with water near a swimming pool. Joey ZukranThe Canadian lawyer says that Apple refused to repair the student’s phone because the iPhone came into contact with water.
Zukran says: “Apple’s warranty rules state that if the phone comes into contact with liquid, the warranty will be voided. This clause in Apple’s warranty rules, looking at its advertising, looks completely ridiculous. “How can you exclude liquids from the warranty, when iPhone ads claim that the device will work fine after being dropped in a pool?”
Zukran is seeking permission to file a class action lawsuit against Apple on behalf of the 19-year-old student and anyone else whose iPhone was out of warranty due to water damage.
The lawsuit specifically seeks to remove the “contact with liquids” clause from Apple’s warranty, refund repair costs, and pay $500 per person.
“Basically, you have a contract that says your phone is shockproof and you can drop it in a pool and it won’t be a problem, but a few paragraphs later it mentions that contact with liquids will void the warranty,” Zukran says. In fact, you have two contradictory clauses in a consumer contract that, according to the law, must be interpreted in favor of the consumer or the buyer.”
Zukran previously sued Apple in 2019 over iPhone battery life. This case was brought up in the Quebec court and finally the court decision was issued against Apple.
