Last week, iFixit reported about the defect that is killing the touch responses of the same iPhone that got brandished with the “bend-gate” scandal. The latest defect has been termed ‘Touch Disease’ and is apparently the fault of a missing ‘metal shield’ or an ‘underfill’ over the logic board, which is causing the chips responsible for touch response lose contact with the board. As a result, users are seeing a grey bar on top of their screens and reporting displays that are unresponsive or less responsive to touch.
Now, Thomas Davidson from Pennsylvania, Todd Clear from California and Jun Bai from Delaware have filed a class action lawsuit against Apple with the U.S District Court of Northern California accusing the company of “violating California’s consumer fraud statutes through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act,” MacRumors reported.
The lawsuit demands Apple to repair, recall and/or replace the affected devices and to extend the warranties for a reasonable period of time. The plaintiffs are also seeking undisclosed damages.
“Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.
As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances,” the lawsuit reads.