Sued Apple in small claims........and won - iPhone 3G

ebrunn · 04-21-2008, 03:25 PM

After the last software update the bottom part of the touch screen of my iPhone I'v had since launch stopping working. Brought my phone into the Apple Store to have a genius look at. Claimed that since there was "damage"(which was no more than scuffs and a small dent on the top left hand side of the phone from daily usage from having the thing since June), that they would not replace it unless I paid the $250 fee. Having no choice(needed a phone), and after dealing with a little punk manager at the apple store,I paid it.

So I then decided to both file a complaint with the State Attorneys office and sue Apple Inc. for failure to horror there warranty.

Since Apple did not pay there state corporation tax in Minnesota for the year at the time of my filling, I could then sue them in local county court instead of having to go to state court. And since the amount was under $2500, all I had to do was send them a service of notice in the mail. They received the letter and copy of the lawsuit via registered mail was signed by a emolyee at 1 Infinite Loop.

Got no reposonse from Apple at all.

Court date was today. I fully expected nobody from Apple to be there because there was no way Apple would hire a local attorney to show up for this. And indeed nobody from Apple showed up. So the judge awaraded me the default judgment in the amount I asked for which was $738(cost of original phone plus tax, and the total court and legal fees which was $100). Think total legal expenses were like around $90. Around $80 in court costs, and around $10 to subpoena the Apple Store manager.

So now goes the hard part of collecting.

KGMJr32 · 04-21-2008, 03:27 PM

Quote:

Originally Posted by ebrunn

After the last software update the bottom part of the touch screen of my iPhone I'v had since launch stopping working. Brought my phone into the Apple Store to have a genius look at. Claimed that since there was "damage"(which was no more than scuffs and a small dent on the top left hand side of the phone from daily usage from having the thing since June), that they would not replace it unless I paid the $250 fee. Having no choice(needed a phone), and after dealing with a little punk manager at the apple store,I paid it.

So I then decided to both file a complaint with the State Attorneys office and sue Apple Inc. for failure to horror there warranty.

Since Apple did not pay there state corporation tax in Minnesota at the time of my filling, I could then sue them in local county court instead of having to go to state court. And since the amount was under $2500, all I had to do was send them a service of notice in the mail. They received the letter and copy of the lawsuit via registered mail was signed by a emolyee at 1 Infinite Loop.

Got no reposonse from Apple at all.

Court date was today. I fully expected nobody from Apple to be there because there was no way Apple would hire a local attorney to show up for this. And indeed nobody from Apple showed up. So the judge awaraded me the default judgment in the amount I asked for which was $750(cost of original phone plus the $250 for the new one). Think total legal expenses were like around $90. Around $75 in court costs, and around $10 to subpoena the Apple Store manager.

So now goes the hard part of collecting.

Good Luck getting the $$$...I hope it works out.

darklight · 04-21-2008, 03:28 PM

If apple doesn't pay up, that could mean serious problems for them, right?

ebrunn · 04-21-2008, 03:31 PM

I'm currently looking into the steps I need to take to collect the payment. Going to send them a letter first in the mail with a copy of the judgment and see what happens. We will see after that.

geordisjd · 04-21-2008, 03:56 PM

It's hard to believe, but I guess it mainly depends on the mood of the people at the Apple store. I walked into mine because of a dead strip too. 5 minutes later, my sims card was in a new one and I was walking out with a smile on my face.

ebrunn · 04-21-2008, 04:00 PM

Just was another example of Apple's horrible customer service.

psylichon · 04-21-2008, 05:10 PM

Naw you definitely got a bad geek. From my experience and from what I've read, Apple will swap out the phone at the drop of a hat... even with signs of obvious duress. Someone woke up on the wrong side of the bed in your case.

Good luck with getting your money... you deserve it.

Lincoln · 04-21-2008, 11:53 PM

Quote:

Originally Posted by ebrunn

Just was another example of Apple's horrible customer service.

I agree with Dave. You got a bad guy. Apple's custom service is the best I've ever experienced - especially compared to AT&T's.

- John

Youngbinks · 04-22-2008, 12:57 AM

Apple's service is usually top-notch so I'm sorry to see you had such a bad experience. It's great the see the little guy win one though, good luck with getting the winnings.

tom187 · 04-22-2008, 01:26 AM

Glad to hear it. I bought my phone at the AT&T store. I had it for 1 week when it started to freeze up. I hit the power button, and also everything else I could. It would not respond. I also tried to reset it on the dock, and that did not work. I read here through other forums, and found out I was not the only one. I took it back to AT&T, and it began to work again. I then told them I had read that it works at times and that others it does not. They told me to take it to the Apple Store or just keep an eye on it, and bring it back if problems arose. I went home and it happened again. I went back to the store and knew if I returned it to the Apple store they would charge me, or send it away, allowing me to not have a phone or sucker me into what they did to you. I am glad you won your case, but for any future readers out there "If you buy your phone at the AT&T store, just return it. Then go to Apple or another AT7T store and buy another." LET AT&T DEAL WITH IT!!!!

Neometh

Quote:

Originally Posted by ebrunn

After the last software update the bottom part of the touch screen of my iPhone I'v had since launch stopping working. Brought my phone into the Apple Store to have a genius look at. Claimed that since there was "damage"(which was no more than scuffs and a small dent on the top left hand side of the phone from daily usage from having the thing since June), that they would not replace it unless I paid the $250 fee. Having no choice(needed a phone), and after dealing with a little punk manager at the apple store,I paid it.

So I then decided to both file a complaint with the State Attorneys office and sue Apple Inc. for failure to horror there warranty.

Since Apple did not pay there state corporation tax in Minnesota for the year at the time of my filling, I could then sue them in local county court instead of having to go to state court. And since the amount was under $2500, all I had to do was send them a service of notice in the mail. They received the letter and copy of the lawsuit via registered mail was signed by a emolyee at 1 Infinite Loop.

Got no reposonse from Apple at all.

Court date was today. I fully expected nobody from Apple to be there because there was no way Apple would hire a local attorney to show up for this. And indeed nobody from Apple showed up. So the judge awaraded me the default judgment in the amount I asked for which was $750(cost of original phone plus the $250 for the new one). Think total legal expenses were like around $90. Around $80 in court costs, and around $10 to subpoena the Apple Store manager.

So now goes the hard part of collecting.