Class action lawsuit filed against Apple

The law offices of Peter Polischuk and Robert Dreher have filed suit on behalf of a class of plaintiffs alleging that Apple made "false claims" about the superior display capabilities of the MacBook and MacBook Pro. Class participants purport that the following marketing claims were made by Apple: "a nuanced view simply unavailable on other portables; "TFT display with support for millions of colors;" Aperture as "the ultimate photographer's workstation" Those claims are, at least in part, constituent of deception and misrepresentation, according to the plaintiffs, who claim that instead of adhering to the aforementioned degree of refinement, MacBook and MacBook Pro displays have been prone to flaws like "grainy" or "sparkly" quality, banding in gradients, and distracting lines of distortion.

The lawsuit even directly references a MacNN forum thread in which users note a distinct "grainy" quality of the MacBook Pro display that is extant regardless of booted operating system (Windows XP or Mac OS X) and non-extant on externally connected displays. The platform independence of this issue, as noted in the thread, is directly referenced as a key proponent of the lawsuit's claim.

Posters to that thread also identified a small LCD test application that dramatically exhibits the "sparkle" effect when run on afflicted systems. Another poster to the thread took several pictures of the "grainy" effect.

To showcase the defects, the lawsuit claims that Apple's mechanisms for dealing with users experiencing these issues was less than cordial, with class litigants complaining of Apple employees denying requests for exchange or refund on the basis that machines were "within spec" or that users were "imagining" the problems. In addition, the lawsuit claims that Apple routinely corralled discussion of the problems on its own message boards, deleting grievances voiced by users.

The suit seeks three remedies for the claim:

• Apple should "resolve the past, present and future issues that (the) misrepresentation inherent defect (sp) has created concerning MacBooks already sold."
• Apple should "cease selling defective laptops"
• Apple should "provide other appropriate relief"

Filed under: Apple