SAN FRANCISCO (Legal Newsline) — Three iPhone owners are suing Apple, alleging unfair, deceptive and/or fraudulent business practices.
Thomas Davidson of Pennsylvania, Todd Cleary of California and Jun Bai of Delaware filed a class action complaint, individually and on behalf of all others similarly situated, Aug. 27 in U.S. District Court for the Northern District of California against Apple, Inc. alleging violation of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.
According to the complaint, Davidson, Cleary and Bai incurred and will continue to incur expenses for the diagnosis of the touchscreen defect and repair and replacement of their Apple iPhones. The plaintiffs allege Apple failed to notify consumers of the nature and extent of the problems with its iPhones and refused to repair the iPhones without charge.
The plaintiffs seek trial by jury, an order to maintain this as a class action, appointing the plaintiffs as class representatives and their counsel as class counsel, all damages, pre- and post-judgment interest, attorney fees and court costs, plus all further relief. They are represented by attorneys Richard D. McCune and David C. Wright of McCuneWright LLP in Redlands, California, and Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCuneWright LLP in Berwyn, Pennsylvania.
U.S. District Court for the Northern District of California Case number 5:16-cv-04942