Plaintiffs apparently failed to map out their strategy sufficiently in a class action lawsuit over Apple’s troubled maps application. A federal judge dismissed the case last week saying the plaintiffs failed to identify any specific Apple statement that indicated Apple Maps “would always work flawlessly and without error.”
Apple launched the Apple Maps in June 2012 but quickly received consumer complaints that the application mislabeled landmarks, streets and addresses and led them to inaccurate locations.
By September the company stated it was working to improve the maps and then a few days later apologized for the shortcomings and urged customers to use other applications or websites while it worked on the application.
The original class case was brought by Nancy Minkler, who said she bought two Apple devices, an iPhone 5 and an iPad, based on company promotions of its 2012 Apple Maps navigational application. But the suit did not indicate the date she bought them, said U.S. District Judge Edward Davila in his Aug. 20 order.
Minkler accused Apple of a misleading marketing and advertising campaign that claimed the Apple Maps tool was accurate, innovative and versatile, when the company knew it was underdeveloped and inaccurate.
The complaint included claims of fraud by Apple and breach of express and implied warranties. Apple asked that the class suit be dismissed in March.
Davila sided with Apple and tossed the lawsuit saying, “Plaintiff provides no specific examples of Apple Maps errors, nor does plaintiff plead any exact dates or locations at which these errors occurred.”
Although Minkler claims Apple Maps is “clearly defective” the complaint provides no examples, Davila wrote.
He also found that Minkler had failed to make a complaint to Apple about a specific problem and thus put the company on notice and allow it to make repairs for her.
Case: Minkler v. Apple Inc., No 13-5332EJD
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