Shaun Zinck Aug. 13, 2015, 11:26am


SAN FRANCISCO (Legal Newsline) - Apple is facing a class action lawsuit for allegedly not providing costumers with new or equivalent replacement phones according to its protection plans.

Joanne McRight of League City, Texas, filed the lawsuit on July 18 in U.S. District Court in California against Apple Inc., citing breach of contract.

McRight said she bought an iPhone 5 in December 2012, and purchased Apple's optional AppleCare+ Plan that covers damages to phones.

The lawsuit claims under the plans agreement Apple will replace damaged products with “new or equivalent to new in performance and reliability.” The AppleCare+ Plan also said it could use new or refurbished parts to repair the damaged products, the suit says.

According to the complaint, McRight took her phone to an Apple store in September 2013 after the screen was damaged. She purchased a replacement phone for $49 under her plan, but the phone was not new or the equivalent to such, she claims.

The lawsuit states she also purchased an iPhone 6 in September 2014, and had similar results when the phone was damaged in July and she paid for a replacement.

McRight is seeking class status for those who purchase AppleCare and Apple Care+ plans starting on July 11, 2011, through the present. She is also seeking more than $5 million in damages plus court costs.

McRight is represented by Renee F. Kennedy of Friendswood, Texas, and Peter Kafin in Fort Bragg, Calif.

U.S. District Northern District of California San Francisco Division case number 5:15-cv-03330.

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