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Class action lawsuit filed against Apple
Class Action | 2007/05/18 11:15

The law offices of Peter Polischuk and Robert Dreher have filed suit on behalf of a class of plaintiffs alleging that Apple made "false claims" about the superior display capabilities of the MacBook and MacBook Pro. Class participants purport that the following marketing claims were made by Apple: "a nuanced view simply unavailable on other portables; "TFT display with support for millions of colors;" Aperture as "the ultimate photographer's workstation" Those claims are, at least in part, constituent of deception and misrepresentation, according to the plaintiffs, who claim that instead of adhering to the aforementioned degree of refinement, MacBook and MacBook Pro displays have been prone to flaws like "grainy" or "sparkly" quality, banding in gradients, and distracting lines of distortion.

The lawsuit even directly references a MacNN forum thread in which users note a distinct "grainy" quality of the MacBook Pro display that is extant regardless of booted operating system (Windows XP or Mac OS X) and non-extant on externally connected displays. The platform independence of this issue, as noted in the thread, is directly referenced as a key proponent of the lawsuit's claim.

Posters to that thread also identified a small LCD test application that dramatically exhibits the "sparkle" effect when run on afflicted systems. Another poster to the thread took several pictures of the "grainy" effect.

To showcase the defects, the lawsuit claims that Apple's mechanisms for dealing with users experiencing these issues was less than cordial, with class litigants complaining of Apple employees denying requests for exchange or refund on the basis that machines were "within spec" or that users were "imagining" the problems. In addition, the lawsuit claims that Apple routinely corralled discussion of the problems on its own message boards, deleting grievances voiced by users.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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