SAN FRANCISCO (Legal Newsline) – Consumers allege that Apple has "defrauded the public" with the sale of its Powerbeats headphones, which they allege contain a defect that affects battery life.
Deonn Morgan, Lydia Zepeda, Sophia Ivy, Kelly Okorocha and Jennifer Zielinski filed a complaint on behalf of themselves and all others similarly situated on Sept. 12 in the U.S. District Court for the Northern District of California against Apple Inc. alleging breach of express warranty and other counts.
According to the complaint, the defendant advertises its Powerbeats headphones as suited for workouts and can withstand rough treatment and exposure to the elements. The consumers allege that the headphones' batteries do not retain their charge and stop accepting a charge because of a defect.
The plaintiffs allege they have "been through several pairs of Powerbeats only to experience the same defect each time."
The plaintiffs request a trial by jury and seek damages compensatory, exemplary, statutory damages; disgorgement; enjoin the defendant; punitive damages; all legal fees; interest and any other relief as the court deems just. They are represented by Hassan A. Zavareei, Sophia J. Goren and Kyra A. Taylor of Tycko & Zavareei LLP in Washington, D.C.
U.S. District Court for the Northern District of California case number 3:17-cv-05277-EDL