Lack of Packaged iPhone Charger Is Breach of Contract: Ill. Class Action

Apple’s decision not to package a power adapter with series 12 through 14 iPhones is a breach of contract and a breach of implied warranty, plus a violation of Illinois consumer fraud laws, alleged a Dec. 27 class action (docket 3:22-cv-03099) in U.S. District Court for Southern Illinois in East St. Louis. Previous versions of the iPhone included a power adapter, but beginning in 2020, the company stopped including adapters, claiming environmental benefits from foregoing the mining of precious metals used in their production and the reuse of customers’ adapters from previous purchases, the complaint said. Plaintiff Elizabeth Steines, who lives in Godfrey, Illinois, bought an iPhone between December 2021 and May 2022, expecting the iPhone to come with a charger required to use the device. Her most recent iPhone used a charger that wasn’t compatible with her current iPhone, so she was “forced to pay” about $30 for an additional charger at the T-Mobile store where she bought the phone or go without a charger until she was able to buy one, the complaint said. Apple could have taken other measures to promote environmental sustainability by adopting industry-standard USB-C chargers, “instead of rendering the Product non-functional unless an additional purchase was made,” said the plaintiff. As a result of “false and misleading representations and omissions,” the iPhone is sold for a price premium, “no less than $700” for the lowest price version, the plaintiff said, saying Apple “could have made chargers available for free to iPhone purchasers who request them.” The plaintiff intends to buy an iPhone again at the price indicated if given “assurances it comes with the necessary components to render it functional or if the price is reduced by the amount of the charger.” Steines is “unable to rely on the labeling” of not only iPhones but also other products requiring another item for use, “such as a remote control without batteries, because she is unsure whether she would be buying only part of what she expects,” said the complaint. The class action seeks injunctive relief to remove, correct or refrain from challenged practices, monetary awards and damages, plus costs and expenses. A group of Chinese students sued Apple for not supplying a power adapter and earphones with the iPhone 12, Vice reported in 2021. The class action is not related to enforcement activities in other countries related to similar allegations, said the complaint. The European Council approved a rule in October that will require mobile phones and other electronic devices sold in the EU to be equipped with a USB Type-C charging port by the end of 2024, leading to speculation that the next generation of iPhones will include USB-C charging ports.