Apple iPhone and iPod Touch – National Class Action

Apple iPhone and iPod Touch – National Class Action

Date of Initial Application: April 15, 2013

The motion to authorize the class action in this matter was dismissed on October 14, 2015.



LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (hereinafter collectively “Apple”), concerning Apple’s Former Liquid Damage Policy, which was in effect on or before December 31, 2009 for the affected iPhone devices, and on or before June 30, 2010  for the iPod Touch Devices (hereinafter the “Relevant Time Period”).

This class action is concerning the following devices:

–        iPhone (4Gb, 8Gb, 16Gb);

–        iPhone 3G (8Gb and 16Gb);

–        iPhone 3Gs (16Gb and 32Gb);

–        iPod touch (8Gb,16Gb, and 32Gb);

–        iPod touch – 2nd Generation  (8Gb,16Gb, and 32Gb);

–        iPod touch – 3rd Generation  (32Gb and 64Gb);

(hereinafter the “Class Devices”)

It is alleged that during the Relevant Time Period, the Class Devices had been tendered to Apple in Canada for repair or replacement, the whole during the standard one year limited warranty or the extended Apple Care Protection Plan (namely a two (2) year coverage provided by Apple at an additional cost).  It is further alleged that Apple denied to repair or replace said devices under its Former Liquid Damage Policy which provided that if the external Liquid Submersion Indicator located in the headphone jack in all class devices and in the dock-connector housing of the iPhone device had turned from white to either red or pink, Apple would consider this to be a device affected by liquid damage and therefore deny warranty coverage.  However, it is alleged in the proceedings that said external Liquid Submersion Indicators are subject to being triggered by humidity, temperature changes, and for other reasons that do not damage the class devices.

Accordingly, if you own or owned one of the Class Devices mentioned above AND you submitted or tendered said device to Apple during the Relevant Time Period mentioned above AND your request for warranty coverage for the repair or replacement was denied due to a triggered external Liquid Submersion Indicator, then you MAY be part of the proposed Class defined by the class action initiated by our office.  Should you be a member of the class defined in this Canadian Class Action, you may be entitled to compensation should the Court authorize the class action or should a settlement be reached (and approved by the Court).  We note in this regard that on or about April 10, 2013, a settlement was reached concerning similar class action proceedings in the United States of America (which settlement still requires Court approval by the U.S. Courts).

Please visit this website periodically, in order to be kept informed and determine if the proposed Canadian class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court).

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

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