Judge Cuts AirPods Max Defect Suit to 2 Warranty Claims
Updated
Updated · 9to5Mac · Jul 7
Judge Cuts AirPods Max Defect Suit to 2 Warranty Claims
3 articles · Updated · 9to5Mac · Jul 7
Summary
A Brooklyn federal judge dismissed most claims in the proposed class action over alleged AirPods Max condensation defects, leaving only two warranty claims by Washington plaintiff Dustin Amundson.
Judge Orelia Merchant threw out all New York-law claims with prejudice and removed New York plaintiff Arthur Apicella, saying the headphones still met a minimal quality standard because he acknowledged using them to watch a movie.
Amundson can proceed under Washington’s implied warranty of merchantability and the federal Magnuson-Moss Warranty Act, though his express warranty and unjust enrichment claims were also dismissed.
By Aug. 5, Amundson may seek to revive Washington consumer-protection and fraud claims, with Apple’s opposition due Sept. 4.
The suit stems from complaints since the AirPods Max’s December 2020 launch that condensation inside the aluminum ear cups caused connectivity, sound, ear-detection and battery problems.