JAKARTA - Apple is facing a lawsuit over the battery problem of its wireless earbuds, the Beats by Dre Powerbeats Pro, which do not live up to their advertised claims.
The company says the wireless earbuds can last up to nine hours, but New Yorker Alejandro Vivar admits Apple's claims about the battery are false.
Not only that, Vivar also sued for a design flaw in the Powerbeats Pro where the device could not charge properly. According to Vivar, the problem is that the earbuds don't always charge properly, and that's because of a poorly designed case. The earbuds allegedly dislodge from their seats, preventing them from charging.
Furthermore, Vivar also rejects claims that the product is sweat and water resistant with an IPX4 rating, stating this is another cause for concern regarding charging. Sweat can damage charging contacts, Vivar adds that sweat damage should not be covered under the product warranty.
In the lawsuit, Vivar was represented by Spencer Sheehan of Sheehan & Associates PC. Sheehan has previous experience with Apple on marketing claims, including one case in New York regarding the water resistance of iPhones and what constitutes water damage under Apple's warranty.
Apple is also accused of gaining more profit at the expense of consumers, for not disclosing the problems it will cause with the use of the Powerbeats Pro.
Launching Apple Insider, Monday, January 17, Vivar reasoned to buy these wireless earbuds because he was tempted by Apple's marketing strategy which states the battery will last as long as promised. Both earbuds will charge and maintain an equal charge, unaffected by sweat, and that charging capability will not be negatively affected by the design or manufacture of the product.
However, all that according to Vivar did not happen according to his expectations. The lawsuit aims to represent a class of buyers in several states, starting with New York but also including Georgia, Michigan, Montana, North Dakota, Oklahoma, Rhode Island, South Dakota, and Virginia.
The lawsuit asks Apple to remedy the situation, compensate affected users and pay unspecified damages. If the lawsuit is fully certified as a class action, it will cover customers in some of those states.
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