Apple, new class action points the finger at the water resistance of the iPhone

In November last year, Apple was fined 10 million euros by the Italian Antitrust Authority for deceptive and aggressive commercial practices relating to two specific behaviours: advertising messages emphasizing the water resistance of some iPhone models and refusal to repair iPhones damaged by liquid contact under warranty.

This provision has also been cited in a new lawsuit filed against Apple in a US District Court in New York in a class-action lawsuit alleging iPhone's excessive water-resistance capability in communications commercial. The accusation is that of having violated the statute on consumer protection.

The plaintiff Antoinette Smith, also on behalf of "all the other people who find themselves in a similar situation", pointed the finger precisely at the water resistance of iPhones that would be "insufficiently qualified by fine print disclaimers."

Furthermore, according to the prosecution document, the certification levels obtained by the different models are all based on tests conducted in the laboratory in pure and static water:

Reading the clauses relating to the guarantee, moreover, damage caused by liquids which are detected by a contact indicator present in the SIM slot, usually protected by a gasket, are excluded.

The prosecution document points out that it is Apple itself that suggests rinsing the parts of an iPhone that have come into contact with common liquids, including coffee or soda. This very action could cause the detector to change color and void the warranty.

In the specific case, Antoinette Smith would have purchased an iPhone 8 that would have come into contact with water "consistent with the IP rating and water resistance characteristics advertised for her device" but would have been refused warranty repair by Apple.