Summary of Pending Case: On January 29, 2009, Cafferty Faucher LLP and Chavez & Gertler LLP filed a class action lawsuit against Apple, Inc. on behalf of California owners of Apple's iPhone 3G and 3GS models. The case, Pennington v. Apple, Inc., is pending in Santa Clara County.
The lawsuit challenges Apple's practice of denying warranty coverage for malfunctioning iPhones on the basis that the iPhones have been abused through liquid spill or submersion. The iPhones are made with two pieces of tape on the inside of the iPhone that change color when they come in contact with liquid. Apple could check these internal pieces of tape (called "liquid submersion indicators") to determine whether the warranty should be denied due to submersion or liquid abuse, but it does not do so. Instead, the lawsuit alleges, Apple denies warranty coverage after merely checking the color of the pieces of tape located on the outside of the iPhone, at the bottom of the headphone jack and in the dock-connector housing. According to the lawsuit, these pieces of tape change color when contacted by liquid, even if the phones have never been submerged or subjected to a liquid spill, and even if the malfunction with the iPhone is unrelated to contact with liquid.
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