Two consumers from Colorado and Florida have filed a revised pleading in their case against Apple Inc. over its allegedly defective iPad Mini 6, which they claim is plagued with a flaw that causes a visual disturbance on the device’s screen. Last Friday’s filing accuses Apple of acknowledging but ignoring the defect, causing consumers to overpay for underperforming devices and some to suffer motion sickness, nausea, vomiting, and migraines as a result of the defective liquid crystal display (LCD).
The case was originally filed in February. Apple moved to dismiss the initial complaint earlier this month, and the consumers responded with the instant amended complaint.
The filing says that Apple charges consumers between $499 and $649 for the iPad Mini 6, which it began to sell in September 2021. Allegedly, the devices are defective because the LCD is subject to “‘screen tearing which can make images or text on one side of the screen appear to be tilted at a downward angle because of incongruity in refresh rates.’” This reportedly causes one side of the screen to appear as if it’s responding faster than the other, creating a visual disturbance known as “jelly scrolling.”
The lawsuit says that although Apple acknowledged the issue, it “has continued to sell the iPad Mini and has refused to fix the problem or to amend its marketing materials to reflect the existence of the Defect.” Instead, the filing says that Apple has insisted that the defect is normal.
The suit states 11 claims for relief under the consumer remedy and business fairness laws of California, Colorado, and Florida and for fraud, misrepresentation, and unjust enrichment.
In its motion to dismiss the initial complaint, Apple said that the sources cited in the complaint explain and confirm that the alleged defect is part of LCD functioning, is widely known by the public and the tech industry, and “is so minute as to be imperceptible by nearly all users.”
The complaint is flawed because the plaintiffs have not and can not put forth evidence that “jelly scrolling” only presents on iPad Mini 6 screens or that it only impacts Apple products. Yet, the motion to dismiss says, the plaintiff still seeks to hold Apple accountable for purportedly concealing the alleged defect.
The plaintiffs are represented by Bursor & Fisher P.A. and Apple by O’Melveny & Myers LLP.
