Seattle-based law firm PCVA has officially filed a threatened class action lawsuit over the issue with iPhone 6 units that see them return an “Error 53” error message, and go into a useless state, when the devices are repaired using third-party Home buttons. The firm filed the case with the U.S. District Court for the Northern District of California.
In a press release announcing the lawsuit, PCVA stated that the first goal of the suit is to get all affected customers “re-outfitted” with working phones “without the overwhelming costs” that they are facing right now.
PCVA lawyer Darrell Cochran is quoted in the press release as saying while Apple claims the Error 53 is put into place as a security measure, it seems odd that the issue “only rears its ugly head ” following a system software update. Cochran goes on to say Apple needs to inform users of the risks associated with installing a software update.
The full press release is available for your reading pleasure below. We’ll track the lawsuit, and let you know more, as it moves through the court system.
SEATTLE, WA – Pfau Cochran Vertetis Amala PLLC (PCVA), a nationally respected trial law firm, filed a class-action lawsuit against Apple, Inc. in federal court today in response to Apple’s “Error 53” iPhone controversy.
Apple has been under fire for its policy of permanently disabling (a practice referred to as “bricking”) iPhone 6 and 6 Plus units that have had their fingerprint sensors damaged or had hardware replaced by third-party repair stores. The phones are bricked after users install a phone update. Once bricked the phone is essentially useless. “Error 53” refers to the message displayed to users who are no longer able to use their phones after installing the update.
“The first objective is to get all the affected iPhone customers re-outfitted with working phones, and without the overwhelming costs that thousands of people are facing right now with error 53 codes and bricked phones,” said Darrell Cochran, lead attorney for the class action lawsuit. “That will provide immediate relief to the consumers and, in the end, it will also help Apple,” Cochran said.
Apple representatives have claimed the policy of disabling phones was a security measure to protect users from having their personal data compromised. But PCVA attorney Cochran doesn’t buy into Apple’s security safeguard explanations.
“If security was the primary concern, then why did the phones work just fine, sometimes for several months, without the software update,” Cochran asked. “Error 53 only rears its ugly head when downloading a newer version of Apple’s operating system.”
Cochran said Apple’s failure to give a warning about the consequences of its update on phones, including the loss of all information in the phone, has consumers crying foul.
“No materials we’ve seen from Apple ever show a disclosure that your phone would self-destruct if you download new software onto a phone,” Cochran said. “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.”
Compounding the problem, according to Cochran, is how disagreeable Apple’s reaction to the problem has been. “The error code 53 signals the death of the phone, and Apple’s response has been to say ‘you have no options; it’s not covered under warranty, and you have to buy a new phone.’”
If you’ve been a victim of Apple’s Error 53, contact the team of attorneys at PCVA to help hold Apple responsible for its wrongdoing.
For more information about PCVA, visit the firm’s website,http://www.pcvalaw.com.
