Case name
Apple Batteries and AppleCare Quebec Class Action
Quebec Superior Court file #
500-06-000897-179;
Violations
Apple has publicly admitted that the batteries on products they manufacture and sell (including iPhones, Apple Watches, iPads, iPods and MacBooks) have a limited lifespan. Consequently, the one-year warranty period offered to Quebec consumers is not a reasonable length of time, having regard to the price paid and intended use for Apple Products.
Plaintiff alleges that Apple fails to respect its legal obligations stemming from sections 37 and 38 of Quebec’s Consumer Protection Act, which provides as follows:
- Goods forming the object of a contract must be fit for the purposes for which goods of that kind are ordinarily used.
- Goods forming the object of a contract must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.
Plaintiff also alleges that Apple’s “AppleCare” extended warranty is not more advantageous than the legal guarantee under Quebec’s Consumer Protection Act and that its price is disproportionate to the point of causing the objective lesion to all AppleCare purchasers.
Proposed Class
Class:
Every consumer, pursuant to the terms of Quebec’s Consumer Protection Act, who purchased an Apple Product including an iPhone, Apple Watch, iPad, iPod and/or a MacBook;
Sub-Class:
Every consumer, pursuant to the terms of Quebec’s Consumer Protection Act, who purchased “AppleCare” and/or “AppleCare+” for an Apple Product including an iPhone, Apple Watch, iPad, iPod and/or a MacBook, and was not informed of their legal warranty under sections 37 and 38 of the CPA at the time of purchase;
Remedies sought for consumers
- Compensatory damages in an amount to be determined, as well as punitive damages in the amount of $300.00 per Class Member.
Status
Class Action Authorized by the Superior Court of Quebec on July 16, 2019.
Files – Apple Batteries and AppleCare Quebec Class Action
Authorization Judgment – July 16, 2019 (French only)
Amended Authorization Application – December 7, 2018
Apple Batteries and AppleCare Quebec Class Action
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