The case was originally filed in February. Apple moved to dismiss the initial complaint earlier this month, and consumers responded with the immediate amended complaint.
The filing says Apple is charging consumers between $499 and $649 for the iPad Mini 6, which went on sale in September 2021. The hardware is alleged to be defective because the LCD screen is prone to “”screen tearing” that can make images or text on a single device. . The side of the screen appears to be angled downwards due to the inconsistency in refresh rates. “”
The lawsuit says that while Apple acknowledged the problem, it “continued to sell the iPad Mini and refused to fix the problem or modify its marketing materials to reflect the existence of the defect.” Instead, the file says Apple insisted the defect was normal.
The suit provides for 11 claims for exemption under the consumer compensation and business justice laws of California, Colorado, and Florida and for fraud, misrepresentation and unjust enrichment.
In its motion to dismiss the initial complaint, Apple said that the sources cited in the complaint clarify and assert that the alleged defect is part of the LCD’s business, is widely known by the public and the technology industry, and is “extremely accurate and imperceptible by nearly all users.”
The complaint is flawed because the plaintiffs did not and cannot provide evidence that “gel scrolling” appears only on iPad Mini 6 screens or that it only affects Apple products. However, the refusal request says, the plaintiff is still seeking to hold Apple responsible for concealing the alleged defect.
The plaintiffs are represented by Bursor & Fisher PA and Apple by O’Melveny & Myers LLP.