This isn’t so much a photography post, but it is related. As many photographers use Apple MacBook computers, we thought it was worth talking about. Hopefully, it will help some of the MacBook users who might be reading this and are affected by this issue. It was only a couple of weeks ago that Apple was hit with an 8 count class action suit over an allegedly flawed “butterfly” keyboard design used in MacBook models since 2015. It claims that the company knew about defects with these keyboards before the product’s launch. Now, Apple faces a second class action suit over the keyboards, claiming that they are in breach of five more laws.
It began early this month with a petition on Change.org calling for Apple to recall the MacBook models with defective keyboards. The petition received such an overwhelming response, except from Apple themselves, that the class action suit against Apple was filed on May 11th.
It was filed in the U.S. District Court, California Northern District (San Jose), citing 8 counts and demanding $5,000,000 (the required minimum for a class action suit).
Count 1: Breach of Express WarrantCount 2: Breach of Covenant of Good Faith and Fair DealingCount 3: Breach of the Implied Warranty of MerchantabilityCount 4: Violation of the Magnuson-Moss Warranty ActCount 5: Violation of the Song-Beverly Consumer Warranty ActCount 6: Violation of the California Unfair Competition LawCount 7: Violation of California’s Consumer Legal Remedies ActCount 8: Fraudulent Concealment (Common Law)
Essentially, the suit is based on the claim that keyboards fail and die randomly, rendering them inoperable – A problem they claim has been experienced by thousands of consumers. The second suit, filed on May 22nd cites 5 more counts.
Count 1: Breach of Express WarrantyCount 2: Violation of The Magnuson-Moss Warranty ActCount 3: Violation of California Song-Beverly Consumer Warranty ActCount 4: Violation of the California Unfair Competition LawCount 5: Violation of California’s Consumer Legal Remedies Act
The Song-Beverly Consumer Warranty Act is more commonly known as California Lemon Law. It says that products sold must be for purpose. The suit claims that this is not the case here. The Magnuson-Moss Warranty Act says that warranties must be fair to consumers. Again, the suit claims that this is not the case. They say that Apple has not fulfilled their warranty obligations, and directed many customers “to self-help solutions when their defective keyboards are rendered inoperable”. Misleading advertising is also claimed and covered under the California Unfair Competition Law. The first suit only demands that Apple recalls the machines, replaces the keyboards with a new design and refunds the purchase cost. This second suit asks for damages to be determined at trial. With Apple still fresh from more than 60 class action suits over the iPhone battery fiasco, this is a second big knock in credibility for Apple hardware in a relatively short amount of time. You can read both of the suits in full on the Patently Apple website.
Class Action filed May 11th, 2018Class Action filed May 22nd, 2018
Confidence in the MacBook Pro line of products has been wavering for a couple of years already. I know many who’ve switched to PC laptops or desktops over the past couple of years due to the simple fact that the new MacBook Pro models, while better than the previous generation, couldn’t keep up with their demands. But, if you invested in a 2015 or newer MacBook with the butterfly style keys, and it’s died, or even if it hasn’t, it’ll be worth you keeping an eye on this one. [via 9to5Mac]
