Federal Court ‘No Place’ for Gripes on Lack of iPhone Adapters: Apple

The U.S. District Court for Southern Illinois in East St. Louis should dismiss plaintiff Elizabeth Steines’ fraud class action for failure to allege “any deception or broken promise by Apple,” said Apple’s memorandum of law Wednesday (docket 3:22-cv-03099) in support of its motion to dismiss. Steines alleges 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 (see 2212300037). But Apple responded that her complaint is based on her “unreasonable expectation that the iPhone she bought from a third-party seller would include a power adapter to plug into the wall,” despite the “clear statement on the box” the power adapter is sold separately, said the memorandum. “Federal court is not the place” for Steines “to express a personal belief that Apple should have included a power adapter in the box with every iPhone, rather than letting customers choose to use an old power adapter, buy one separately, or not use one at all,” said Apple. Steines may disagree with Apple’s decision to stop including a power adapter with each new iPhone, “and prefer earlier times when Apple did include a power adapter,” it said. But her disagreement or disappointment doesn't amount “to a viable claim against Apple,” it said. Apple didn’t falsely represent that a power adapter would be included with her iPhone, it said. “In fact, Apple conspicuously disclosed on the box” that a charging cable was included, but a power adapter was sold separately, it said. It also would have been “instantaneously obvious” to Steines upon opening the box that the iPhone was accompanied by a USB-C compatible charging cable but not a power adapter to plug into the wall, “yet she still accepted the device and does not allege she unsuccessfully tried to return it for a refund.”