Apple Refused to Repair Consumer’s Apple Watch Because of Cardiac Implant, Class Action Claims
Varnes v. Apple Inc.
Filed: February 8, 2024 ◆§ 1:24-cv-01007
A New York City consumer claims in a class action that Apple has refused to repair his warrantied Apple Watch because he has an ICD.
A New York City consumer claims in a proposed class action that Apple has refused to repair his warrantied Apple Watch because he has an implantable cardioverter defibrillator (ICD).
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The 13-page lawsuit alleges the tech giant has refused to service the plaintiff’s smartwatch because, according to Apple, the man’s ICD—a device implanted into the chest to detect and stop arrhythmias—renders him an “unintended user” as defined by the product’s “instructions for use” hidden in an “obscure” subdomain on Apple.com.
Per the suit, the Apple Watch is touted by the company as an effective means of monitoring cardiac activity. The plaintiff says that after he had an ICD implanted in August 2021, he bought the smartwatch for this very reason, to have the ability to continuously monitor his arrythmia. At the same time, the man also purchased optional AppleCare+ warranty coverage, for which he was charged monthly, the case adds.
Following several device malfunctions two years later, the plaintiff contacted Apple seeking repairs for his smartwatch under AppleCare+ coverage, the complaint shares. As the filing tells it, after the man disclosed to Apple’s service team that he had an ICD, he was told that “because he had a defibrillator or pacemaker implanted,” he was an “unintended user” and the company, therefore, would not repair his device.
When the plaintiff’s counsel notified Apple of its alleged breach of contract, the company apparently responded by again “confirming that it would not perform under the AppleCare+ contract because of [the plaintiff’s] ICD,” the lawsuit relays. According to the suit, Apple cited language in a hidden “instructions for use” subdomain of the website that simply states, “DO NOT use with a cardiac pacemaker, ICDs or other implanted electronic devices.”
However, the case contends that the terms “say[] nothing about Apple refusing to service an Apple Watch product under AppleCare+ merely because the Apple Watch user has a cardiac pacemaker or ICD.”
The complaint contests that in buying an Apple Watch, the plaintiff “joined thousands of other Americans with ICDs and pacemakers who, with Apple’s encouragement, use the Apple Watch to monitor their cardiac activity.”
The lawsuit looks to represent anyone with a cardiac pacemaker, ICD or other implanted electronic device who purchased an Apple Watch within the United States and are or were covered by AppleCare+.
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