Class action lawsuit filed against Apple
updated 04:00 pm EDT, Fri May 18, 2007
Class action lawsuit filed
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"
Woohoo!
05/18, 04:17pm reply
MacNN's the crux of a lawsuit! Does this mean I'm going to get a subphoena?
testudo
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Joined: Aug 2001
exaggerations? Deceptions
05/18, 04:21pm reply
Wow, if these guys are filing a lawsuit against apple for this stuff, can you imagine the grounds they would have to sue M$ for their claims over the years that their sh*t is the greatest stuff since sliced bread
Glasspusher
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Joined: Oct 2000
ummmm
05/18, 04:47pm reply
isnt that the very definition of marketing??
and a display thats prone to flaws? God, they act like it's some piece of electrical equipment
Class action lawsuits: keeping lawyers in business since....
eldarkus
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Joined: Feb 2004
and
05/18, 04:48pm reply
Apple should "cease selling defective laptops"
BWHAHAHAHAHAHAHA!!!! Then I have to ask.. why is it that most ALL manufacteurs offer a warranty? if everyone shipped perfect products, there would be no need for warranties.
eldarkus
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Joined: Feb 2004
aperture?
05/18, 05:06pm reply
Aperture as "the ultimate photographer's workstation"
If that's false advertising, the entire advertising industry is out of business. Imagine a cereal saying it's the "best-tasting" - or how about BMW, the "ultimate driving machine"?
elroth
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Joined: Jul 2006
ff11
05/18, 05:30pm reply
I heard someone say crunchy peanut butter is better than smooth?
Is there a lawyer in the house?
ff11
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Joined: Apr 2004
Re: and
05/18, 06:35pm reply
Apple should "cease selling defective laptops"
BWHAHAHAHAHAHAHA!!!! Then I have to ask.. why is it that most ALL manufacteurs offer a warranty? if everyone shipped perfect products, there would be no need for warranties.
Aha! Maybe that's why Apple insists on making defective products, to get people to buy AppleCare! I'm suing!
testudo
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Joined: Aug 2001
re: re: and
05/18, 07:02pm reply
Double aha!
Maybe Apple sells defective products to get you to buy AppleCare, and then sue!
I'm suing! You! ;)
Flying Meat
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Joined: Jan 2007
Oh god.
05/19, 08:11pm reply
Boohoohoo my car doesn't fly, my toast doesn't butter itself, display technology isn't perfect and the worst part about it is that I NEVER LEARNED TO READ (ok that last part isn't true). But anyways, people need to understand that 10 years ago apple was on its deathbed with many a mac user prepared to go into mourning, but here we are today, and the most creative ideas we can come up with is "hey, apple is doing fantastic, lets steal some thunder with a useless lawsuit". I should sue those idiots for wasting my time reading this c***. On the other hand, if the displays are funky, then apple needs to fix the issue. One final note on this.... TRY BEFORE YOU BUY, if you can of course.
Fast iBook
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Joined: Mar 2003
re: oh god
05/20, 09:43am reply
If GM had told you the car you bought could fly, and you only found out it could not once you had bought it, you'd have basis for a lawsuit.
If what these plaintiffs claim is true, they have a legitimate case. Apple's web site ( http://www.apple.com/macbookpro/specs.html and http://www.apple.com/macbook/specs.html) touts the screens have "support for millions of colors." If that's not true, then Apple deserves to be sued.
jimothy
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Joined: Sep 2000