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Apple Sued Over iPhone Non-Replaceable Batteries
UnknowingFool writes "A customer named Jose Trujillo has filed a class-action lawsuit against Apple over the iPhone batteries. According to the suit, Apple did not disclose that the batteries of the iPhone were not user-replaceable. Also the plaintiff alleges that the battery will need to replaced every year. When a battery needs to be replaced, the customer will be without a phone for several days unless the customer pays $29.95 for a loaner phone service. Lastly, the plaintiff alleges that the battery information was difficult to find on Apple's website."
How many times have you witnessed a company actually fighting back against one of these class-action suits? I'm sure they have, but I can't recall ever reading about it?
It seems like no matter how lame the lawsuit, companies always settle these (usually in such a way that gives relatively little to the plaintiffs, like a 20% off coupon on a future purchase or something).
Given the potential for bad publicity that could be generated by the media reporting "Company A, today, fought back against consumers who filed suit over their defective product", it's a good bet they'll cough up some sort of "freebie" for the product owners.
So yeah, it's an incredibly dumb lawsuit, but there's a GREAT chance it will just mean Apple makes the lawyer involved a lot richer, and throws some small "bone" to everyone who owns the iPhone. Maybe a credit at the Apple store equivalent to the cost of 1 battery replacement or something?
I'm beginning to wonder if the class-action lawsuit isn't a worse abuse of the commons than spam is. All they have to do is find one company with a lot of cash and one customer dumb enough to sue them in exchange for the trivial takings the customers always get from these lawsuits. The lawyers always get their fees in cash, and the customers always get coupons.
I get notified that I'm a party to these about every month of so. Sometimes I even get notified that I've "won" something, like one dollar off my monthly service of Verizon every three months until they've given me $12 (really). Or once, all I got was an apology, along with the satisfaction of knowing that the lawyers got several hundred thousand in fees.
We need the class action lawsuit; it's an important legal tool. But if you've got a better suggestion, I'd love to hear it.
How about this: if you're party to a class action lawsuit, and you choose to opt out and give up your right to sue individually, you get to punch the lawyers once. Not real hard, just a little bit. So an intelligent lawsuit gives you a mild bruising. And this lawsuit ends up with brains splattered all over walls.
Uh, IANAL, but I don't see how this guy has standing. He is citing future problems he might have with his iPhone that are not imminent, rather, they are conjectural and hypothetical. Buyer's remorse does not make a legal case! (except maybe in America)
Apple say, on their battery page, that the battery will hold 80% of its original charge after 400 full charge cycles.
Now, in absolute fairness, you'd be doing bloody well to use more than one full charge cycle per day for a year, and even if you did the battery still wouldn't need replacing.
The only people this will affect are people buying second-hand iPhones, which isn't this guy.
> Just as an FYI, the Samsung Upstage does not have a user-replaceable battery...
I've never heard of a "Samsung Upstage" but I imagine that you must have looked pretty hard (or been unlucky) to have discovered another phone with a soldered-in battery. I've never heard of it in over 12 years of owning and reading about mobile phones.
> The only way you know it's not replaceable is to read the FAQ in the manual (at the back of the manual).. unless you know someone who has one, or
> you ask the clerk "is it user-replaceable?" 5 milliseconds of work.
Why would someone think to ask, though? It's like asking your PC retailer if your mouse is physically connected to the motherboard of your PC or something. "Ah - you didn't ask!"