The Indian Wire » Gadgets » Apple knowingly sold iPhone 4, 4s, and iPhone 5 with a defective keypart: Suit

Apple knowingly sold iPhone 4, 4s, and iPhone 5 with a defective keypart: Suit

Users who have been on the bandwagon of iPhones must remember how different iPhone 4 was compared to iPhone 3GS. Apple’s former CEO Steve Jobs compared the phone to a “beautiful old Leica camera.” With the iPhone 4s, Apple introduced virtual assistant Siri and it saw a new revolution in the smartphone market. It was followed by iPhone 5, which is still considered by many as Apple’s best design. The users who still use any of these three models might receive a notification asking if they want to join a class action suit against Apple.

The suit revolves around broken sleep/wake buttons found on the upper right side of the aforementioned models. Given the button was used on these phones to turn the devices on and off, having a broken button would have certainly made it difficult to use the devices. According to the suit, Apple sold these models with defective buttons and did not disclose the fact to its consumers. Apple, on the other hand, denies that it has done anything illegal or unlawful. The trial is set to begin on 25 April 2019.


In order to join the class action suit, users must be a citizen of the state of California and have purchased an iPhone 4 from June 24, 2010, through October 10, 2011. Users based in California who have bought the iPhone 4s between Oct. 11, 2011, through Sept. 20, 2012, and the iPhone 5 before April 1, 2013, also stand a chance to be involved in the suit. The suit seeks to recover the cost to repair the broken button, or the “diminished value of the iPhone due to the broken sleep/wake button, along with restitution, injunctive and declaratory relief.”

The case is known as  Shamrell, et al. v. Apple Inc. and users who have received a notification regarding the suit can be a part of it without necessarily doing anything. Users who would rather sue Apple on their own about this issue can opt out from participating in the suit here. Users need to make up their minds before April 26th.

“The iPhone is immensely important to Apple. The iPhone is Apple’s most popular product and accounts for more than half of Apple’s reported profits. Apple chose to launch these iPhones, despite knowing the devices contained power buttons that would malfunction at higher than normal rates. Instead of ensuring the defect was identified and repaired prior to launch, Apple released these expensive phones to unsuspecting California consumers”-original court filing

As per the original filing, a defect in the power button on iPhone 4, iPhone 4s and iPhone 5 caused the button to stop working, rendering the devices “unfit” for proper use.


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