Outcome: $9.75 million settlement
Simmons, et al. v. Apple, Inc., et al., Case No.: 17-CV-312251, Superior Court of California, County of Santa Clara
In a significant resolution, Apple has agreed to a class action settlement amounting to $9,750,000. The settlement comes in response to allegations made against its product – the Powerbeats 2 earphones. Represented by TZ and co-counsel, with TZ Partner Hassan Zavareei appointed as the lead counsel, the plaintiffs argued that Apple misrepresented the durability and resistance qualities of the Powerbeats 2. Despite claims of being “sweat & water resistant” and “built to endure”, the plaintiffs alleged that the earphones possessed a design flaw rendering them unable to retain charge after minimal use.
The lawsuit brought forward several causes of action including breach of express warranty, violation of the Song-Beverly Act/Breach of Implied Warranty of Merchantability, violation of the Consumer Legal Remedies Act, violation of the California Unfair Competition Law, unjust enrichment, common law fraud, and negligence.
The settlement covers all individuals residing in the United States who purchased the Powerbeats 2 earphones for primarily personal, family, or household purposes. This resolution marks a notable conclusion to the legal proceedings, holding Apple accountable for its product’s alleged shortcomings and providing financial compensation to affected customers. Hon. Sunil R. Kulkarni, Superior Court of California for the County of Santa Clara said about the case, “[C]lass members are receiving significant compensation—either a substantial portion or the entire cost of products they purchased—and Plaintiffs’ investigation of their claims was thorough.”