Apple sued over negligence claims over iPhone error code

By The Northern California Record | Feb 12, 2016

SAN FRANCISCO – Multiple individuals have filed a class-action lawsuit against a technology company, alleging than an error code has disabled their phones.

Nicholas Lusson, Bryant Kushmick, Alexander Saenz, John Denoma and Nora Penner filed a complaint on behalf of all others similarly situated on Feb. 11 in the U.S. District Court for the Northern District of California against Apple Inc., citing negligence and other counts.

According to the complaint, the plaintiffs allege that they received an error code 53 after updating the software on their iPhones to the latest iOS, which rendered their phones useless. The suit states these error codes affected iPhone models 6, 6 Plus, 6s and 6s Plus. The plaintiffs hold Apple Inc. responsible because the defendant allegedly denied warranty claims, saying that the plaintiffs' phones are no longer covered by the warranty since they used an unauthorized repair service to fix a hardware issue on their phone. Some of the customers allege that they never had their phones repaired, but the error code disabled their phones anyway. Despite this, Apple allegedly advised the plaintiffs that their issue will not be fixed under warranty and advised them to buy a new phone instead.

The plaintiffs seek the following: compensation for all damages including an injunctive relief in a form of software update to prevent error 53, relief in a form of putting all their devices' costs and repairs under warranty, attorney's fees and costs including pre- and post-judgment interests and any other relief the court deems just and fair. They are represented by Darrell L. Cochran, Jason P. Amala, Loren A. Cochran, Kevin M. Hastings and Christopher E. Love of Pfau Cochran Vertetis Amala PLLC in Tecoma, Washington and Timothy A. Scott of the Law Offices of Timothy A. Scott in San Dieg.

U.S. District Court for the Northern District of California Case number 3:16-cv-00705

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