Communications Litigation Today was a Warren News publication.

Apple Fraudulently Touts IPhones as Water-Resistant: Consumer Suit

Apple misrepresents iPhones as water-resistant under International Electrotechnical Commission “ingress protection” (IP) standards, alleged a complaint (in Pacer, case No. 1:21-cv-03657) Saturday in U.S. Southern District Court in Manhattan. This seeks class-action status on behalf of iPhone owners in New York. Apple promoted the iPhone 8 as IEC-compliant for water resistance when exposed to or immersed in liquids at depths up to 1 meter for 30 minutes, said the lawsuit. The iPhone 11 is IEC-rated for water resistance at depths up to 4 meters, and the iPhone 12 at up to 6 meters, said the complaint. Bronx resident Antoinette Smith said her phone's "exposure to water of the type and manner contemplated by the device’s IP level caused damage to her device” under routine use. Apple denied her such warranty coverage, it said. She alleged fraud, unjust enrichment and violating the 1975 Magnuson-Moss Warranty Act. Apple didn’t respond to questions Monday.