Apple class action claims iPhones falsely advertised as water-resistant

Apple iPhones water-resistant class action overview: 

• Who: A Montreal-based student has sued Apple Canada Inc. and Apple Inc.
• Why: The plaintiff says the companies falsely advertised that her iPhone was water resistant. 
• Where: The Apple class action was filed in a Quebec superior court.

A Montreal-based student has hit Apple with a class action lawsuit taking aim at its water resistance claims, alleging her iPhone failed despite the tech-giant’s assurance that it was water-resistant.

The plaintiff, whose identity is redacted in the lawsuit, filed the class action complaint against Apple Canada Inc. and Apple Inc. on Aug. 26 in a Quebec superior court, alleging violations of Canada consumer laws.

According to the Apple class action, the tech giant misrepresented that iPhones from the iPhone 7 onwards are water-resistant up to a depth of six meters for 30 minutes. 

Despite these assurances, many users report water damage after minimal exposure to liquids, with Apple subsequently voiding their warranties, the lawsuit claims. 

The student, who purchased an iPhone 15, alleges her phone was permanently damaged by minor splashes while on vacation in Cancun, Mexico. 

Though Apple advertises the iPhones as “remarkably resilient” and “oops resistant,” the student’s device malfunctioned after just a few drops of water, she claims. 

When she sought repairs under her warranty, she alleges Apple refused, citing liquid damage as accidental and not covered. 

Apple makes contradictory claims, lawsuit says

Apple’s marketing extensively promotes the water resistance of its iPhones, even featuring dramatic visuals of phones submerged in water during its annual events, the iPhones water-resistant lawsuit states. 

However, in its fine print and warranty agreements, the company excludes any damage caused by liquid contact, leading to widespread customer frustration.

Under Quebec’s Consumer Protection Act and the Civil Code of Quebec, companies must honor their advertising claims.

The lawsuit alleges that Apple’s conflicting messaging violates Quebec law, which mandates that any contract contradictions must be resolved in favor of the consumer. The student argues that Apple’s warranty exclusions are abusive and contradict the company’s public assurances.

As a result, the student is seeking to represent other Quebec consumers who had a similar issue with Apple.

She is suing under the Quebec Consumer Protection Act and is seeking damages of $500 per class member, as well as an injunction forcing Apple to stop its allegedly misleading marketing practices.

In 2020, consumers in Quebec filed a similar lawsuit alleging Apple ran a misleading marketing strategy that sold them iPhones they believed were water resistant, when they weren’t.

What do you think of the allegations in this Apple iPhone lawsuit? Let us know in the comments.

The plaintiff is represented by Joey Zukran of LPC AVOCATS.

The Apple water resistant lawsuit is unknown applicant v. Apple Canada Inc. et al., Case No.  500-06-001328-240 in the District of Montreal Superior Court.

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