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Is your water resistant iPhone really splash or water resistant? In all likelihood, it isn’t, according to a new class action lawsuit Canada. Consumers in Quebec are fighting back against Apple’s marketing strategy that sold them iPhones they believed were water resistant.
The proposed class action lawsuit was filed Nov. 30 in Montreal. The iPhone class action lawsuit seeks to represent everyone in the province of Quebec, “who purchased an Apple iPhone marketed as Water-resistant to a depth of 1 to 6 metres and for up to 30 minutes.”
The iPhone class action also comprises a Sub-Class that covers everyone in Quebec who bought an Apple iPhone marketed as “Water- resistant to a depth of 1 to 6 metres and for up to 30 minutes,” who were refused “free warranty service by Apple after their iPhones were damaged by water or other liquids.”
Italy Fines Apple $12M For Misleading iPhone Water Resistant Claims
If you are an iPhone user, you’ve probably come across Apple’s advertisements, boasting high-tech, durable and trendy cellular devices. Apple claims that a number of its iPhones are “splash, water, and dust resistant and were tested under controlled laboratory conditions.” Among the long list of splash, water and dust resistant iPhones, the following few make their guest star appearance:
- iPhone 12
- iPhone 12 Pro
- iPhone SE (2nd generation)
- iPhone 11
- iPhone XS
- iPhone XR
- iPhone X
The iPhone class action lawsuit maintains that on Nov. 30 the media reported that Apple was fined $12M for “unfair and misleading claims about the water resistance of several of their iPhone models,” among the not-so-water-resistant iPhones, the ones listed above.
iPhones Water Resistant Only in Controlled Tests
According to the complaint, the Italian antitrust authority concluded that Apple was guilty of two chief offences. Firstly, the Italian authorities found that Apple marketed several iPhone models most notably, the iPhone 8, iPhone 8 Plus, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11pro and iPhone 11 pro Max, as being water resistant.
However, underscores the class action lawsuit, Apple failed to clarify that the water resistance claims, “were true only in the presence of specific conditions, for example during specific and controlled laboratory tests with the use of static and pure water, and not in normal use of the devices by consumers.”
The second finding involves Apple’s refusal to warranty phones that suffered water damage. Moreover, Apple was found to have likely deceived consumers in its disclaimer, which states, “The guarantee does not cover damage caused by liquids,” due to the company’s “emphatic advertising boast of water resistance.”
Apple Breached Canadians’ Consumer Rights
The iPhone class action lawsuit alleges that Apple’s behaviour before, during and after the reported violation, was “lax, careless, passive and ignorant with respect to Quebec consumers’ rights and to their own obligations.” Specifically, Class counsel referenced Apple’s website, which still lists the not-so-water-resistant iPhones as 
“water resistant,” despite the Italian antitrust authority findings.
Class counsel describes Apple’s conduct and attitude vis-à-vis its iPhone marketing as “laissez-faire” and “it’s not cheating unless you get caught.” According to the iPhone class action lawsuit, this behaviour “is in and of itself an important reason for this Court to impose measures that will punish Apple, as well as deter and dissuade other foreign entities from engaging in similar reprehensible conduct to the detriment of Quebec consumers.”
The class action request continues, pointing out that Apple most certainly made hundreds of millions of dollars in revenues by selling its iPhones to Quebec consumers. Another accusation against Apple: The tech giant’s alleged breaches were “intentional, calculated, malicious and vexatious.”
iPhone Class Action Seeks Hundreds Per Class Member
The iPhone class action lawsuit is seeking $300 per Class Member in punitive damages from Apple. The plaintiff is also asking the court for $3,300 in damages, and additional compensatory damages for each Class Member and Sub-Class Member.
According to the iPhone class action lawsuit, the quantum requested in damages and punitive damages is warranted, given Apple’s significant “patrimonial situation.” Indeed, many Canadians and consumers world-wide pay top dollar for Apple iPhones, thus feeding Apple’s hefty net worth.
Do you own an Apple iPhone that was advertised as being water resistant? Did your iPhone suffer water damage? Were you granted a warranty for the water damage? Share your story with us in the comments below!
Class Members are represented by LPC Avocats.
The iPhone Class Action Lawsuit is Zouzout v. Apple Canada Inc. et Apple Inc., Case No. 500-06-001106-208, In the Superior Court of Québec, District of Montreal, Canada.
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11 thoughts onApple Class Action Lawsuit Says iPhones Aren’t Water Resistant
Main reason me and my wife bought the 11. We have three kids 8, 5, 2 the two year old loves to play with water and the other two are just clumsy all the time. Our phones get a mini bath at least a couple times a week.
When I puchased my iphone 12 mini in November 2021 I relied on advertising that stated the iphone 12 was tested in water by apple to a “maximum depth of 6 meters up to 30 minutes”. I used it in a swimming pool and took a picture in the pool on Thursday July 8 2021 in Mont-Tremblant Quebec and have the geolocated photo. The phone got wet and stopped working. I reported this by phone and got an appointment at the Ottawa Rideau Centre Apple Store for repair in Ottawa today.
I was informed the phone could not be fixed and they refused to repair / replace it under warranty. They stated that the promotion of water depth and time didn’t matter. It is not waterproof, only water resistant and I should have known that the depth / time statements by Apple only applies to the test under controlled laboratory circumstances.
They said Apple does not advertise the phone can be used in water. I argued then why are they claiming it can go to 6 meters under water for 30 minutes? Why state that if it doesn’t mean anything? That if Apple is stating the phone is tested for that it has to have meaning. The general public shouldn’t have to have a fine print law degree if the public headline says 6 meters under water for 30 minutes. To me that statement says it’s safe in water. I never would have taken it to the pool if Apple hadn’t promoted that.
The supervisor and technician at my 4:10 appointment stonewalled. I Iwas told take it or leave it.
I need my phone with all its data etc and under protest was charged $586.47 to replace it. I have the receipt. They took possession of the damaged phone.
Do I qualify with purchase and residency in Ottawa and documentable geolocated water damage in Quebec to be inculded in the Quebec class action?
Correction. Purchase of the above water-damaged iPhone 12 was in November 2020. Have receipts.
Is anyone in the USA creating a class action lawsuit for this same reason. I took my iPhone 11 Pro to the beach last week and was taking pictures near the water, a wave came up and knocked me down along with my iPhone. In it goes for about 10 seconds. Not working now. I have insurance but of course, it took me $199 to have it replaced as well as the time was out a phone. Apple couldn’t help me unless I wanted to trade in and buy a new phone for $549. Needless to say a little salty over the claims of water resistance and customer service.
Add me
I have an iPhone 11 Pro Max that I dropped in water it never works the same as it used to, Apple doesn’t see it as a problem. They claimed it is waterproof, it’s not.
Still sick with them killing my battery every update . {hopefully the Facebook ad blocking works though)
It’s sad I have the 11 because I wanted that feature because my little will grab it , I had the 5 and has been put in the dog dish ( not sure how long for ) but was garbage after
This was a feature in my purchasing. I have been careful with my phone and fortunately have not had water damage. Am I still eligible to join the class action suit?
Struggle is real and people have to deal with non working cellphones so needed to keep them connected in times of lockdown. There should be a logic to just replace or repair that so clearly advertised “water resistant devices”. The sad case is that frontline agents have to deal with those angry customers who purchased those expensive cellphones.
Very sad practices indeed . I bought the iPhone 11 Pro because of that reason and now look at this!