Apple has drawn heavy criticism over the last few weeks after it emerged that the latest iOS 9 software for the iPhone 6s model was leaving thousands of customers with 'bricked' phones when it detected that either the phone's home button or touch sensor had been repaired by a third party technician. Not only are the phones left completely and irreversibly unusable by 'Error 53', but customers also permanently lose all data stored on the phone (including photos and text messages). Now, PCVA has fired the starting gun on what may be a long line of lawsuits brought against Apple by disgruntled consumers over the update, which Apple has defended as a security measure.
No warning
Central to the California lawsuit claim will be that Apple failed to warn consumers that their phones could self-destruct if they downloaded iOS 9, says PCVA lead attorney Darrell Cochran. 'If Apple wants to kill your phone under any set of circumstances and for any reason, it has to make it crystal clear to its customers before the damage is done.' Mr Cochran also dismissed Apple's claim that 'Error 53' is a security feature, rather than an attempt to undermine the burgeoning market of unlicensed iPhone repair technicians. 'If security was the primary concern, then why did the phones work just fine without the update?' he countered. A statement from PCVA states that the firm's first objective will be to 'provide immediate relief to the consumers' by ensuring that their phones are replaced.
More to come
London-based barrister Richard Colbey of Lamb Chambers has suggested that Apple's deliberate bricking of phones may qualify as an offence under the UK's Criminal Damage Act 1971. The Australian Competition and Consumer Commission is reportedly also investigating whether 'Error 53' violates Australian consumer laws, and has lodged an official request for an explanation of the policy from Apple. Sources: PCVA Law; The Guardian
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