How I sued Apple and won

I bought a new iPhone SE in September, 2020. Two weeks later, it started seriously misbehaving. This went way beyond the predictable getting-used-to-a-new-device honeymoon phase. I tried everything I could think of to solve the slew of malfunctions. These problems occurred right after a software upgrade—but whether the upgrade caused the malfunctions, who’s to say? For the next eight months, I spent a whopping total of 75 hours on the phone with Apple Support and in the nearest Apple Store trying to fix all these annoying issues. It was like Whack-a-Mole—I’d think we’d solved one or two of the defects, but then other new ones would pop up, and not long after, the old ones returned.

Altogether, I counted 23 malfunctions. To name a few: banners would be ghosted, illegible; dictation would randomly duplicate entire sentences, obliging me to reread texts carefully and delete all the duplications; my email inbox would show up empty—I’d have to restart the phone to get it back; during a phone call, when I was using my ear pods, suddenly, the caller’s voice would be in my pocket because the audio had switched itself to speaker phone. All the usual fixes were tried. Some problems went away, but others persisted. Nothing worked, at least not permanently. I suggested that Apple allow me to trade this phone in for a more expensive model, and I’d pay the difference, but they said no, that’s against their policy.

Suddenly, after spending 75 hours—that’s the equivalent of more than 9 full work days—troubleshooting with those nice Apple Specialists, I realized they wouldn’t mind spending another 75 hours of my time, or more. I’d purchased Apple Care, so this could have gone on for two years! Instead, I put a stop to all that, and I went to Small Claims Court.

How I made my way to Small Claims Court
(this is for educational purposes only)

• I filed what’s called a “Chapter 93A Demand Letter,” which is a legal document required in  Massachusetts when consumers undertake to file a complaint against a merchant, alleging unfair or deceptive business practices under the State’s Consumer Protection Act. The point of this letter is to notify the business and give them a chance to resolve the issue before the customer launches a law suit.

• Apple corporate in California received my letter and replied in a phone call to me, saying “No.” Just “no”? Really?

• The office of the Attorney General of MA directed me to a dispute-resolution group, who recommended going to Small Claims Court.

• I filed my claim online on my state government’s website.

• A preliminary hearing with the Magistrate took place on the phone due to Covid restrictions. The Magistrate suggested we consider mediation. I agreed, as did the Apple representative. The  Court put us in touch with a mediation group.

• Mediation took place on Zoom and ended without resolution.

• I prepared obsessively for my court appearance. I’d been taking screen-shots of the malfunctions, so I printed out 54 examples of these photos to use as evidence. I researched how to present one’s case in Small Claims Court. I drafted my remarks. I wrote up a chronological account of my attempts to resolve my phone’s defects. An attorney-friend coached me about something called an “implied warranty of merchantability” which basically means if you buy a product, say a car, the car has to turn on and drive. If you buy a hamburger, it has to be edible. Sounds obvious, but I believe it carried the day.

• A court date was scheduled for late October. A day before, Apple requested a postponement. I agreed.

• My day in court arrived! The Magistrate got right down to business and called on me to present my case. (I’d considered hiring a lawyer to help me, but I read that it creates a better impression if one makes one’s own case. Especially when one is David going up against Goliath.) I stood and delivered my remarks, which took about 4 minutes. Next, I asked if I could read my Chronological Summary. Madame Magistrate said yes. That took 8 minutes, which was pushing it, but the Magistrate seemed receptive. Next, the Apple representative spoke. Then, I requested rebuttal, which was granted. I took issue with a few of his statements.  The Magistrate then announced she’d issue her judgment and we’d be informed by mail.

• Five days later, I received the letter:  Judgment for the Plaintiff! She’d awarded me the max: triple damages.

• I now have a problem-free iPhone 15 and a new Apple ID, which served to prevent any data-corruption from migrating to my new device.