A federal judge tossed a class action that accused Apple Inc. of lying to consumers about it’s iPhone warranties, and using refurbished rather than new repair parts.
U.S. District Judge William Orrick last week rejected an effort to keep the 2013 case alive or to certify a class. He granted Apple’s move to dismiss the case in full saying the plaintiff failed to raise a disputed issue on whether she relied on an alleged misrepresentation by Apple.
The lawsuit by Fabrienne English alleged that the AppleCare extended service plan misrpresented to consumers that the replacement iPhones under the plan would be new when in fact many were refurbished devices.
The warranty plan cost $99 and gave consumers coverage to repair a damages phone and technical support for two years.
She alleged violations of the California Consumer Legal Remedies Act, false advertising and unfair competition.
Orrick refused the request by English that Apple’s summary judgment be stayed to allow her more time to discover facts to justify her claims.
According to Orrick’s order the remanufactured iPhones were made the same way as new iPhones but could contain both new parts and parts recovered from other phones.
Case: English v. Apple, No. 14-1619