Plaintiff Urges Denial of Apple’s Motion to Dismiss Her Fraud Complaint

None of Apple’s arguments are a basis for dismissal of plaintiff Elizabeth Steines’ consumer fraud complaint and its motion should be denied, said her opposition Friday (docket 3:22-cv-03099) in U.S. District Court for Southern Illinois in East St. Louis. 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, and a violation of Illinois consumer fraud laws, alleged Steines’ Dec. 27 class action (see 2212300037). Had she known she was buying an incomplete product, “devoid of essential functionality,” because this was only disclosed on the back of the box, in small print, she wouldn’t have bought it or would have paid less, said her opposition. By the time Steines received the box in her hand at the time of her purchase, "she had already paid for it," it said. Any effort to inspect the packaging would have come too late, "in contrast to a typical scenario where goods are stocked on shelves for easy inspection," it said.