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iPhone 6 Touchscreen Defect

McCune Wright Arevalo, LLP has filed a class action lawsuit on behalf of owners of Apple’s iPhone 6 and 6 plus. It has been alleged that the iPhone 6 series suffers from a design defect that causes reduced touch screen functionality. When the defect manifests itself, users will notice reduced responsiveness or no responsiveness when interacting with the touchscreen. The defect is typically preceded by a flickering grey bar across the top of the display. It has been further alleged that the logic board is the defective component causing the reduced touch screen functionality.

If you or someone you know has an iPhone 6 or iPhone 6 plus and experienced issues with the touchscreen, please contact us.

November 17, 2016 Update

On November 17, 2016, Apple announced the “Multi-Touch Repair Program for iPhone 6 Plus.” Apple has set the cost to repair an iPhone 6 Plus with the Touchscreen Defect at $149.00 and offers to reimburse consumers for amounts previously paid over $149.00. McCune Wright Arevalo LLP believes this customer campaign is severely lacking in a number of ways, principally because Apple places the blame and cost for the widespread touch disease problem on the consumer when it inaccurately states the issue is the result of “being dropped multiple times.” As Plaintiffs contend in the lawsuit, the external casing of the iPhones suffers from a manufacturing defect that causes the touch disease to occur due to no fault of the consumer, and occurs even if the iPhone 6 and 6 Plus are not dropped.

Apple’s program also fails to provide any details regarding the “repair” that is being offered. Numerous sources have reported that the “repair” is actually a refurbished iPhone 6 Plus. Moreover, Apple is purportedly only offering a 90-day warranty on these refurbished phones. McCune Wright Arevalo LLP believes this is an unacceptable warranty period and further demonstrates that Apple is aware of the touch disease problem but has decided to shift the costs of the defect to Apple’s loyal customers. As stated in many publicly available comments, the touch disease also plagues these refurbished iPhone 6 Plus devices.

If you are unsatisfied with this program, we recommend you continue making complaints to Apple’ customer service representatives and Apple’s retail stores. This development will not impact the continued prosecution of the lawsuit. Plaintiffs maintain their position that Apple should bear the entire cost to repair or replace the iPhone 6 and iPhone 6 Plus with a non-defective iPhone and that Apple should refund all out-of-pocket costs associated with consumers attempting to remedy the defect.

July 25th, 2017 Update

On July 25, 2017, the court partially denied Apple’s motion to dismiss Plaintiffs’ complaint. The court denied Apple’s motion to dismiss the majority of state consumer protection claims under the theory that Apple knew, but failed to disclose, the touch disease problem to consumers. It also denied Apple’s motion to dismiss the injunctive relief claims pertaining to Apple’s multi-touch repair program. The court granted Apple’s motion to dismiss the state consumer protection claims based on affirmative misrepresentations on the basis that Apple did not affirmatively state anything about the durability or longevity of the touchscreen. The court also granted Apple’s motion to dismiss the warranty claims because it held that the iPhones outperformed the terms Apple’s warranty.

The court also ordered that the parties begin the discovery process on the claims that were not dismissed. Discovery is the phase of litigation where the parties exchange documents and conduct depositions. After the discovery process is complete, Plaintiffs will ask the court to certify the case as a class action and, if granted, the case will then proceed to trial.

We continue to recommend that individuals experiencing the touch disease issue contact Apple directly and complain about the problem.

Further updates will be provided on this page as they become available.

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