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The iPhone Is Guaranteed To Last Only One Year, Apple Argues In Court (vice.com)

Reader Jason Koebler writes: Last month, Greg Joswiak, Apple's VP of iOS, iPad, and iPhone Marketing, told Buzzfeed that iPhones are "the highest quality and most durable devices. We do this because it's better for the customer, for the iPhone, and for the planet."
But in a class-action court case over the widespread premature failure of tens of thousands of iPhone 6 and iPhone 6 Plus devices, Apple argues that the company cannot guarantee any iPhone for more than a year. In a motion to dismiss, Apple argued that "to hold Apple's Limited Warranty substantively unconscionable simply because Plaintiffs expect their iPhones to last the length of their cellular service contracts 'would place a burden on [Apple] for which it did not contract.'"

18 of 435 comments (clear)

  1. Intentionally poor headline by chispito · · Score: 5, Informative

    "Guaranteed to last only" =/= "Only guaranteed to last"

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    1. Re:Intentionally poor headline by geekmux · · Score: 4, Informative

      "Guaranteed to last only" =/= "Only guaranteed to last"

      "the highest quality and most durable devices" =/= "Reality"

      Bullshit semantics are bullshit when their claims of durability cannot stand up to a longer warranty, which is more than justified when most people are forced into a 2-year cellular contract.

      And, no replacing a phone every year isn't the fucking answer either.

    2. Re:Intentionally poor headline by UnknowingFool · · Score: 5, Insightful

      Also missing from the context: "for warranty purposes". Essentially what Apple is arguing in court is that they are not under obligation to repair or replace a device under warranty after a year. That seems rather standard.

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    3. Re:Intentionally poor headline by UnknowingFool · · Score: 5, Insightful

      Well if you read the article or the summary, Apple is not saying their devices only last 1 year. They are saying their warranties are 1 year which is standard for the US. But please show me the wide ranges of cell phones that has more than a 1 year warranty in the US. Also you realize that when you enter into a contract with a cellular carrier that is not Apple, that is the legal definition of 3rd party contract. What you are asking for is that your contract with Verizon, AT&T, etc whatever overwrites Apple's warranty to which Apple didn't agree. It's the same as saying when you get a 5 year auto loan for your new Honda (3 year limited, 5 year powertrain) from your bank, your 5 year bank loan should supersedes Honda's warranty and force Honda into a full 5 year warranty.

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    4. Re:Intentionally poor headline by Raistlin77 · · Score: 4, Insightful

      "the highest quality and most durable devices" =/= "Reality"

      Bullshit semantics are bullshit when their claims of durability cannot stand up to a longer warranty, which is more than justified when most people are forced into a 2-year cellular contract.

      But Apple didn't stuff you into that 2-year contract, your shitty wireless provider did, and you happily accepted it to get your grubby little paws on a shiny new iPhone. Why is your failure to make a good decision Apple's problem?

      This is no different then an auto warranty. Do you see any class action suits against automobile manufacturers for not repairing out-of-warranty vehicles that just happen to still be within their initial 4, 5, 6, and 7-year loans? Of course you don't. But by your logic, your vehicle should be guaranteed by the manufacturer to stand up to the length of the loan.

      There is no justification for this whatsoever - the life of the phone and its manufacturer's guarantee have absolutely nothing to do with the length of the contract or finance agreement that your dumb ass got yourself into. Perhaps you should make better decisions about managing your money, like not locking yourself into a bad contract or finance agreement for a phone that you can't afford in the first place.

      And, no replacing a phone every year isn't the fucking answer either.

      Then don't buy one every year. And if you don't like the 1-year warranty that Apple provides, maybe you should just not buy an iPhone. What was that? You say NO manufacturer offers a warranty longer than 1 year? Hmph, imagine that.

    5. Re:Intentionally poor headline by Jaime2 · · Score: 5, Insightful

      By your reasoning, the cell phone carriers should be on the hook for the extra year, not Apple, as it was the carriers that decided to sell a device with a one year warranty along with a two year contract. In that case, this court decision was correct to not hold Apple accountable.

      No, what I'm asking for is a company that claims to make a "durable" product back up that claim. Ironically enough, some auto manufacturers are now offering warranties that are longer than your average car loan or lease (a.k.a. durability), so your example is a rather poor one to use for comparison.

      Apple backs up it's claim of durability with its reputation. Organizations like Consumer Reports rate Apple as a manufacturer with lower defect rates that others in its segment. In theory, a longer warranty is less valuable on a durable product than it is on a shoddy product. If the product was "perfectly durable", then a warranty would be entirely superfluous.

      Also, you mentioned cars. It's quite common for a car to be sold with five year financing (or a four year lease) and a three year warranty. A warranty isn't magic, it simple trades predictability for economy. It's always cheaper (statistically) to not buy a warranty, but some people can't handle the financial disaster that would come along with being one of the "unlucky ones", so they buy the warranty. The length of the warranty has nothing to do with the quality of the product, it only represents the owner's tolerance for risk. The price of the warranty (in the case of phones this is baked into the purchase price) is dependent on the reliability of the product.

  2. I don't see it by makerfixer · · Score: 4, Insightful

    The summary makes a bold claim and then gives the legal nuance which was "just because someone sold you our phone with an X year contract doesn't mean we give you an automatic X year warranty." Suddenly most people look at the actual statement and say "well, yeah, of course they're right about that" and move on.

    1. Re:I don't see it by AmiMoJo · · Score: 4, Insightful

      Why accept such shitty consumer protection? You should demand European style protections - minimum 2 year warranty and where a device is tied to a contract it must last at least as long as the contract or the contract ends.

      Why do you put up with this crap? Do you think it saves you money?

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    2. Re:I don't see it by networkBoy · · Score: 4, Interesting

      Look at the flip side of that:
      Joe Sixpack buys an iPhone from ATT and it comes locked into a 2 year contract (because it's subsidized). Joe didn't buy the phone from Apple, and true to some people who call the Internet "the google" and similar things, thinks of his phone as his "ATT iPhone" not "Apple iPhone".

      Now the phone takes a shit at day 366, there are still 364 days remaining in his contract, but the phone is out of warranty. Joe is now officially screwed and either must:
      A) buy a retail phone
      B) break his contract and start a new one with a subsidised phone
      C) get a replacement phone, but tack on an additional 2 years on his existing contract (not sure if ATT offers this, but they used to)

      It is not unreasonable for Joe to expect the warranty of the phone to equal the duration of the service contract. Whether or not that's Apple's issue is between Apple and ATT. I would be inclined to require the contract provider to be the one required to warranty the devices under the contract and to deal with the OEM/ODM on the customers behalf if the device was still within manufacturer warranty.

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    3. Re:I don't see it by Daemonik · · Score: 5, Insightful

      Because a lot of Americans fall into the Libertarian "business transactions are between you and the business, not the government" trap, even when it severely disadvantages them.

    4. Re: I don't see it by pjt33 · · Score: 4, Insightful

      having your government mandate all warranty lengths is silly

      Not really. Consider the environmental implications of minimum warranty lengths. Giving companies strong incentives to make their products durable helps to reduce the accumulation of electronic waste to recycle (or landfill, but see the WEEE Directive). Recycling is better than landfill, but it's still not entirely clean. Protecting the environment is in the long-term interests of the populace, so governments should be doing it.

      A two year warranty would create the same issue if the user thinks it should be warrantied for as long as they are financing it through a third party.

      I think you managed to read straight past GP's

      and where a device is tied to a contract it must last at least as long as the contract or the contract ends.

  3. Author not Reader by Luthair · · Score: 5, Informative

    Jason Koebler is the author of the article, which is true for all his submissions..... which makes him a spammer.

  4. I don't see the problem here... by QuietLagoon · · Score: 4, Insightful

    When you buy an iPhone, as I understand it, the warranty is for one year, unless you buy extensions. So why would anyone expect the warranty to be longer than one year (assuming one did not buy any warranty extensions)? To me it looks more like the problem of Apple corporation has a lot of money, so let's try this approach to a lawsuit and see how much money we can get out of Apple.

    1. Re:I don't see the problem here... by geekmux · · Score: 4, Interesting

      When you buy an iPhone, as I understand it, the warranty is for one year, unless you buy extensions. So why would anyone expect the warranty to be longer than one year (assuming one did not buy any warranty extensions)? To me it looks more like the problem of Apple corporation has a lot of money, so let's try this approach to a lawsuit and see how much money we can get out of Apple.

      Semantics aside, the bottom line is if Apple is going to boldly claim that they make "the highest quality and most durable devices", then they should be able to offer a factory warranty longer than a year. Offer a warranty to match your claims of durability, or stop with the bullshit marketing.

      I have other electronic products that are factory warrantied up to a decade, and was included in the base price. It can be done.

  5. Curious by Artem+S.+Tashkinov · · Score: 4, Interesting

    My only question is, does Apple sell different devices in the US and Europe? Strangely, Apple customers in the EU enjoy a 2 years warranty.

  6. How do you milk sheep by Oswald+McWeany · · Score: 4, Funny

    Just heard a joke recently:

    Q: How do you milk sheep?

    A: Release a new iPhone and charge £1000 for it.

    * - My apology to apple fans

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  7. Re:Black and white by that+this+is+not+und · · Score: 4, Interesting

    Companies employ what are called 'continuation engineers' or 'cost reduction engineers.' Sometimes these engineers don't even work for the product development department, they answer more to the purchasing and finance management.

    Their job is to reduce the cost of materials so as to increase the profit for selling the company's products. This often involves using the lowest possible quality of components and material that will last the company's product through the warranty period.

    These critters have to maintain a balance, of course, because there is also the marketing department involved, who want to maintain the good name of the company's brand.

    The bottom line is that the Maytag Repairman was a good marketing stunt, but a total disaster to the Maytag company, who wanted to sell a higher volume of white goods. So they (as Whirlpool now) employ big teams of 'continuation engineers.'

  8. Gov protects rights by mx+b · · Score: 4, Insightful

    Because in general it is not the government's business to interfere with private agreements. If you and I agree to something, we should not need the government's permission.

    Sir, you have this backwards. Government regulations are not granting permission, they are there to set a process that ensures everyone's rights are protected during the negotiation process, and to enforce penalties on those that break their contracts.

    Without regulations, why should a billionaire CEO of a multi-national company give a shit what *you*, sabri, think about their policies and contracts? They can tell you anything you want to hear and then say "nevermind" after they've gotten your money. And what are you going to do as an individual?

    Our government is of the people, for the people, by the people, because together we are strong and can protect ourselves and our rights. Individually we are weak, particularly in the face of a strong business adversary.

    In this case, it does not [severely disadvantages them]. The system works as designed and the courts are now going to determine whether or not Apple's point of view (that an iPhone cannot be guaranteed to work after 1 year) is reasonable or not. This is based on general principles of reasonableness, not on a codified mandate for consumer warranties.

    Our court system is effectively broken for most Americans. Have you been to court? I have. It's a lot of legal fees, meeting with lawyers, filing paperwork, waiting months for a court case, only to have the decision appealed by a defendant with way more money and time than you. It is extremely delayed justice, if you get it at all. The working and middle classes are typically hugely disadvantaged in court. We could fix it by requiring speedy trials, hiring more judges and public defenders, and other tweaks, but that would require a more expensive court system and likely higher taxes, which many completely flip their shit when they hear the word "taxes" so we've not been able to have constructive discussion on the topic.

    We don't need the government to create laws that "protect" us, because those laws will have side effects. Don't believe me? Let me give you one example. It's somewhat off topic and may start a flame war, but that is not my intention. In my home country, the unions have been successful in creating very strong labor protection laws. In short, once you hire someone on a permanent contract, it becomes very difficult to fire them. That resulted in employers being careful in giving permanent contracts, and opting for temporary contracts which kept getting extended. Then the government created new laws to prevent that from happening, by mandating a permanent contract after three extensions. And guess what? Do you think more people got permanent contracts? No. "Disposable" workers that are easily replaced where replaced after three contracts. In California, where I live, there is the principle of at-will employment. This means (explaining for non-US person), that I can get hired and fired at any time. And you know what: that flexibility causes businesses to hire without giving it a second thought. No bullshit with temporary contracts needed, because everything is flexible. That is the net result of government interference, no matter how well these laws are meant.

    It would be nice if we directed our ire at sociopathic executives of multi-national corporations that have no allegience to country or the people, rather than indirectly defending them when we attack government regulations and actions. No level of government did any of this to you; there is no law that says "no one should ever hire sabri for a permanent position". Corporations decided to do this because they are sociopaths, obsessed with forever increasing their profits regardless the consequences to people, the country, the economy, or the planet. Please note, I am in no way saying they shouldn't be profitable or well compensated for their work. Bei