A Third Class Action Has Been Filed Against Apple in California over MacBook Pro Keyboard Problems
Apple was hit with two class actions in May over the MacBook Pro's faulty keyboard that uses a butterfly key mechanism. Now that June has kicked in, a third class action lawsuit over the same issue was filed yesterday June 2, 2018 on behalf of Diego Binatena individually and on behalf of all others similarly situated
Just prior to the class actions being filed in May, a petition came to light from Charge.org that demanded Apple take action to fix their MacBook Pro's faulty keyboard. The petition was backed by a number of longstanding Apple bloggers such as John Gruber of Daring Fireball.
Overview of the Action
The Plaintiff's complaint before the court begins with an overview of the action that is presented as follows:
"Plaintiff brings this class action on behalf of himself and others who purchased MacBook Pro laptop computers on or after late 2016 with defective "butterfly" keyboards. These keyboards are prone to failure, and, when replaced, often fail again.
Apple is a market leader in the manufacture, marketing and sale of computers and computing devices. In late 2016, Apple introduced a new version of its high-end MacBook Pro laptop, featuring new a "butterfly" keyboard, which is more compact than previous keyboards. This keyboard, however, is particularly prone to failure, especially when dust or other debris becomes lodged underneath the keys.
The cost of replacing a keyboard is approximately $700.
Unfortunately, replacing failed keyboards with the same butterfly keyboard does not fix the issue – the replacement keyboards are also prone to the same failure.
Keyboards are an essential part of a laptop computer. Without a functioning keyboard, the utility and value of a laptop is vastly diminished.
Plaintiff brings this action for monetary, declaratory and equitable relief for Apple's: 1) breach of its express and implied warranties; 2) breach of the Magnuson-Moss Warranty Act and the Song-Beverly Consumer Warranty Act; 3) breach of the duty of good faith and fair dealing; 4) breach of California's Unfair Competition Law; 5) breach of California's Consumers Legal Remedies Act; and 6) fraudulent concealment. "
In his testimony Mr. Binatena further described how the "b, n and m keys" were unusable. He brought his MacBook Pro to an Apple Store for repair and they only fixed the "b" key by replacing it.
He went back to the store 2-3 weeks later, being dissatisfied with the repair, and was told that his MacBook Pro was now out of warranty and it would cost $500 just for a full diagnosis of the problem and additional money for any repairs.
Why wasn't a full diagnosis done the first time around? I guess that will come to light during the trial if the class action gets the green light to proceed.
Causes for Action
Count 1: Violation of the California Consumers Legal Remedies Act
Count 2: Violation of Bus. & Prof. Code § 17200
Count 3: Fraudulent Concealment
Count 4: Breach of Written Warranty
Count 5: Breach of Implied Warranty
Count 6: Violation of Magnuson-Moss Warranty Act, 15 U.S.C. § 2301
Count 7: Violation of Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1792
Count 8: Breach of Contract/Duty of Good Faith and Fair Dealing
Diego Binatena's attorney Scott C. Borison of Legg Law Firm, LLP filed this class action against Apple Inc. on June 2, 2018 in the California Northern District Court, San Jose Office in Santa Clara.
Source: patently apple
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