SAN FRANCISCO — Apple is facing a class action alleging a material defect in their AirPods Max headphones causes condensation inside the ear cups.
John Keeley, individually and on behalf of all others similarly situated, filed a complaint Feb. 1 in the Superior Court of California County of San Francisco against Apple Inc., alleging violation of the California Consumer Legal Remedies Act and Business & Professions Code, breach of implied warranty, fraud and unjust enrichment.
According to his complaint, Keeley purchased Apple's AirPods Max headphones along with AppleCare+ on Dec. 8, 2020. He alleges that about a week after receiving his AirPods, he began to notice "excessive condensation in the ear cups due to a defect."
He claims he contacted Apple on Jan. 5, 2021, to request repairs but by mid-January, he was no longer able to use his AirPods outside due to the condensation forming and that he experienced "connectivity and performance" issues including not being able to connect to a wireless network nor maintain a battery charge.
Keeley claims the AirPods design has "latent and material" defects and that Apple falsely represented the AirPods "had characteristics and benefits that they do not have" and were "of a particular standard, quality, or grade."
The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by Todd Schneider of Schneider Wallace Cottrell Konecky LLP in Emeryville and Shannon Carson and Amey Park of Berger Montague PC in Philadelphia.
Superior Court of California County of San Francisco case number CGC-21-589534