Apple faces a third class-action lawsuit in less than a month over defective keyboards

Cal Jeffrey

TS Evangelist
Staff member

As we have reported, Apple has already been hit with two class-action lawsuits regarding the faulty butterfly switch it uses in its MacBook keyboards. This week Cupertino was served with a third class action regarding the problem mechanisms.

The first two suits were almost identical, charging Apple with willful violation of several consumer protection laws including Magnuson-Moss, Song-Beverly, and several California civil codes. While the charges were nearly the same, the damages sought were different with the first asking for replacement keyboards using a different mechanism and refund of the original purchase. The second was seeking monetary and punitive damages to be determined by a jury.

This third class action charges Apple with eight complaints that mirror allegations from the first two. According to Patently Apple, the plaintiffs, Zixuan Rao and Kyle Barbaro, claim Apple is guilty of the following (first two suits with same charges indicated in brackets):

  • Violation of the California Consumers Legal Remedies Act [1]
  • Violation of Bus. & Prof. Code § 17200 [2]
  • Fraudulent Concealment [1]
  • Breach of Written Warranty (Express Warranty) [1&2]
  • Breach of Implied Warranty [1]
  • Violation of Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 [1&2]
  • Violation of Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 [1&2]
  • Breach of Contract/Duty of Good Faith and Fair Dealing [1]

The class action is asking the courts for “monetary, declaratory and equitable relief [from] Apple.”

The big charge in this case (as well as the first filing) it the fraudulent concealment allegation. This complaint essentially says that Apple knowingly hid the problem and knew that it violated the law, thereby defrauding its customers.

A guilty verdict on this charge could bring severe monetary consequences against the Cupertino company as a judge or jury would impose higher punitive damages for the willful violations.

Apple has remained silent since the first suit was filed three weeks ago. With public and legal pressure continuing to mount, I find it very surprising the company has not responded in some way by now.

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VitalyT

Russ-Puss
Those new court suits, they couldn't type them up faster, having to use Apple keyboards, which is like another suit in itself - premeditated obstruction of justice.
 
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Theinsanegamer

TS Evangelist
You get what you ask for. If you want machines that prioritize thinness over functionality, performance, and maintainability, this is what you get, a machine that overheats, has short battery life, and a super slim keyboard that breaks constantly.

Apple should have never stopped making the pre retina macbook pros. Those were legitimately good machines.
 

petert

TS Evangelist
You can see Jobs died, the end of the beginning ... their iphone line still rules the show, though the first mistake was done - overpricing it to one grand, like it wasn't overpriced enough. Very little innovation in the latest models and caught on already by the android companies which managed to develop similar without steppig on the patents. And now they cheapen out on keyboard for those laptops ... trying to save a few penny especially on those over over priced macs, this is pure greed! And this could have been the glory moment for the android dipshits but what do ya know? google released pixel a straight plain iphone clone, ruining and ending the nexus line. Guess they all dream to be Steve Jobs at the top management level at Google.. .except that they are not and their product will never match what iphone offers!
Disclaimer: Android user since a long time, will never buy iphone ... but is so damn hard buying a decent Android phone who needs not to resemble iphone these days. And if you go for a good baterry life, may I say it is impossible? Everything Android looks like either iphone or a phone from the 2012 with large thick screen bezels ... or it runs Marshmallows ...
 

JonSmith

TS Rookie