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(CNN)   Florida woman files $5 million RICO suit against Apple for failing to fix her out of warranty iPhone 4   (tech.fortune.cnn.com) divider line 61
    More: Amusing, RICO, iPhone, lawsuits, racketeering  
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2797 clicks; posted to Business » on 15 May 2013 at 1:00 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-05-15 12:59:52 PM
Stop picking on Apple. They're practically broke as it is.
 
2013-05-15 01:18:16 PM
This same women filed a Rico Suave suit against me for being so damn sexy.
 
2013-05-15 01:22:59 PM
Cult of Mac covered this article.  The stupidity in the comments is mind-blowing. 

http://www.cultofmac.com/227354/woman-sues-apple-for-5-million-becau se -her-iphone-4s-power-button-doesnt-work/ 

"Just a greedy woman, looking for the easy, albeit stupid buck. If she'd jailbreak that sucker she wouldn't need the power button. Or just f'ing go to any cellphone repair place and have them fix it. Most likely she's an Android stooge hired to be an "outside agitator."

Every time I have ever jailbroken an Apple device, it has required the power button to get it in restore mode.  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?
 
2013-05-15 01:27:37 PM
grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.
 
2013-05-15 01:33:27 PM

derpy: grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.


encrypted-tbn2.gstatic.com

Apple v. Android is the Ford v. Chevy of modern life.
 
2013-05-15 01:44:11 PM
FTFA: Meanwhile, Apple, what's with the customer support policy that digs its heels in on a 15-month-old iPhone with a power button gone bad? Are you trying to create unhappy customers?

No, sell Applecare.  Which would have covered this.  Which this woman chose not to buy.

/who the fark has a longer than 12 month warranty any longer anyways?
 
2013-05-15 01:45:01 PM

Rapmaster2000: derpy: grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.

[encrypted-tbn2.gstatic.com image 115x128]

Apple v. Android is the Ford v. Chevy of modern life.


Cool, that makes Windows Phone Mopar.
 
2013-05-15 01:47:48 PM

Mr. Eugenides: Cool, that makes Windows Phone Mopar.


which is a completely apt analogy
 
2013-05-15 01:49:40 PM

derpy: Mr. Eugenides: Cool, that makes Windows Phone Mopar.

which is a completely apt analogy


does that make RIM a studabaker?
 
2013-05-15 01:51:08 PM

The Angry Hand of God: In addition, are Apple users that convinced that Android users are trying to sabotage Apple? Seriously?


It used to be said that Steve Jobs would read every comment on the internet from people defending Apple and that once a year, he'd go visit the person who did the best job and let that person suck his dick.

Even now, the mac supporters believe that if they shrill hard enough and long enough, the ghost of Steve Jobs would come visit them in their bathroom and stick his ghost penis in their mouth.
 
2013-05-15 01:59:59 PM
She must be injecting THC.
 
2013-05-15 02:00:36 PM
I was wonder who fark would side with, the crazy lady with the expired warrantee or Apple. I see the apple hate supersedes consumerist-esque biatching about warrantees.
 
2013-05-15 02:01:39 PM

Satanic_Hamster: The Angry Hand of God: In addition, are Apple users that convinced that Android users are trying to sabotage Apple? Seriously?

It used to be said that Steve Jobs would read every comment on the internet from people defending Apple and that once a year, he'd go visit the person who did the best job and let that person suck his dick.

Even now, the mac supporters believe that if they shrill hard enough and long enough, the ghost of Steve Jobs would come visit them in their bathroom and stick his ghost penis in their mouth.


Not bad.  Throw in a stock "lol twice the price" or a "made of the same cheap parts" jab in there and you win the internet.
 
2013-05-15 02:09:22 PM
She knew she was buying a cheap trinket made in china by malnourished children.
She knew what she was getting into.
Toss the case.

/never owned a portable phone in my life.
 
2013-05-15 02:15:16 PM
If Apple DID deliberately engineer it to fail as soon as the warranty ended, it IS a RICO case.  Sorry guys, you can't design shiat to break like that.

//that is, IF they really designed it to break that way.
///no farking way they didn't know the mean time before failure of the power button.
 
2013-05-15 02:16:23 PM
You're paying for the shiny. Not the quality. If you're stupid enough to pay apple five or six hundred bucks for a phone, you deserve it.
 
2013-05-15 02:16:48 PM
boston.sportsthenandnow.com

RIP Rico
 
2013-05-15 02:17:16 PM

Lexx: If Apple DID deliberately engineer it to fail as soon as the warranty ended, it IS a RICO case.  Sorry guys, you can't design shiat to break like that.

//that is, IF they really designed it to break that way.
///no farking way they didn't know the mean time before failure of the power button.


Isn't RICO a criminal statue and not a basis for civil lawsuits, though?
 
2013-05-15 02:48:40 PM

Satanic_Hamster: Lexx: If Apple DID deliberately engineer it to fail as soon as the warranty ended, it IS a RICO case.  Sorry guys, you can't design shiat to break like that.

//that is, IF they really designed it to break that way.
///no farking way they didn't know the mean time before failure of the power button.

Isn't RICO a criminal statue and not a basis for civil lawsuits, though?


Yes, but your'e dealing with an attention whore who must have found a kindred spirited lawyer.
 
2013-05-15 02:49:42 PM

Rapmaster2000: derpy: grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.

[encrypted-tbn2.gstatic.com image 115x128]

Apple v. Android is the Ford v. Chevy of modern life.


I actually ran into Ford v. Chevy in the sticks once.  Couldn't figure out why these dorks in an F-150 were laughing and flipping me off.  Then it dawned: my Chevy.  I was surprised that it was still a "thing" anywhere.
 
2013-05-15 02:49:50 PM

Satanic_Hamster: Lexx: If Apple DID deliberately engineer it to fail as soon as the warranty ended, it IS a RICO case.  Sorry guys, you can't design shiat to break like that.

//that is, IF they really designed it to break that way.
///no farking way they didn't know the mean time before failure of the power button.

Isn't RICO a criminal statue and not a basis for civil lawsuits, though?


Both... 18 USC 1963 is criminal penalties for RICO violations, and 18 USC 1964 is civil remedies:
(c)Any person injured in his business or property by reason of a violation of section 1962of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee...

But that said, the complaint is kinda missing an important element of their allegation. They're claiming Apple participated in an extensive practice of fraud by touting the wonderful quality of the iPhone, while deceiving the public about the power button failures... except that the complaint never states that Apple knew about the button failures at the time, rather than years later when they started failing, so how could they deceive or defraud anyone about something they didn't know?
 
2013-05-15 02:53:23 PM
Its a little button, a small mechanical item.  They break.  This isn't Star Trek where they can estimate to the millisecond how long it will last.

/bet she was a joy to have on the phone
 
2013-05-15 02:57:25 PM

Nonrepeating Rotating Binary: Its a little button, a small mechanical item.  They break.  This isn't Star Trek where they can estimate to the millisecond how long it will last.

/bet she was a joy to have on the phone


Actually...

You would not believe the amount of testing a major company will do.  For something like the phone, they'll put it in a machine that will hit the power button non-stop for two months straight to simulate a X no. of years of regular use/button pressing, just to see if it's up to snuff.

Either Apple half assed their product testing or they said "fark it."

Given their business model and their customers habits of buying the new I-product on release, they might just have assumed no one would use their phone longer then 9 months and just did a really half assed testing process.
 
2013-05-15 03:11:48 PM

unyon: FTFA: Meanwhile, Apple, what's with the customer support policy that digs its heels in on a 15-month-old iPhone with a power button gone bad? Are you trying to create unhappy customers?

No, sell Applecare.  Which would have covered this.  Which this woman chose not to buy.

/who the fark has a longer than 12 month warranty any longer anyways?


It's Florida where AppleCare cannot be sold.

*dons "former Apple Tech hat"*

When repairing and selling Apple products at a reseller we had quite a few people vacation from Florida who would buy products because Oregon has no sales tax. They'd go to purchase AppleCare and I'd have to deny them because they lived in Florida. Florida has "consumer protection laws" that prevent extended warranties from being sold on products. It even says so right on the outside of the AppleCare box.

From Apple's AppleCare Protection Plan Terms And Conditions : "This Plan is notavailable forFlorida consumers or where prohibited by law "
 
2013-05-15 03:26:35 PM
I find this interesting as I have recently begun having issues with the power button on my iPad.
 
2013-05-15 03:35:11 PM

unyon: /who the fark has a longer than 12 month warranty any longer anyways?


HP (Elitebook) business-class laptops have a standard three year warranty.
 
2013-05-15 03:39:24 PM
I've had my LG optimus v for three years now. The four buttons still work.
/it's android, but all i do is check mail and a little farking.
IPhones are shiny, but i know dang well that i would break one quickly.
/iTunes sucks.
 
2013-05-15 03:42:11 PM

JohnAnnArbor: Rapmaster2000: derpy: grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.

[encrypted-tbn2.gstatic.com image 115x128]

Apple v. Android is the Ford v. Chevy of modern life.

I actually ran into Ford v. Chevy in the sticks once.  Couldn't figure out why these dorks in an F-150 were laughing and flipping me off.  Then it dawned: my Chevy.  I was surprised that it was still a "thing" anywhere.


Two weeks ago i flew into Louisville to do the derby, fishing, and visiting family in Warsaw. My rental car had new York plates. Took only an hour before some guy screamed out his window "farking New Yorker". I almost printed up a sign swearing it Was a rental.
 
2013-05-15 03:43:23 PM
Is this like the time when my wife shattered her iPhone after pulling it out to answer a call and it was entirely my fault because I was the one calling her?
 
2013-05-15 03:44:53 PM

likefunbutnot: unyon: /who the fark has a longer than 12 month warranty any longer anyways?

HP (Elitebook) business-class laptops have a standard three year warranty.


The elite book is the shiznit. Cracks me up that it has a drain on the keyboard.
 
2013-05-15 03:50:10 PM

spidermann: unyon: FTFA: Meanwhile, Apple, what's with the customer support policy that digs its heels in on a 15-month-old iPhone with a power button gone bad? Are you trying to create unhappy customers?

No, sell Applecare.  Which would have covered this.  Which this woman chose not to buy.

/who the fark has a longer than 12 month warranty any longer anyways?

It's Florida where AppleCare cannot be sold.

*dons "former Apple Tech hat"*

When repairing and selling Apple products at a reseller we had quite a few people vacation from Florida who would buy products because Oregon has no sales tax. They'd go to purchase AppleCare and I'd have to deny them because they lived in Florida. Florida has "consumer protection laws" that prevent extended warranties from being sold on products. It even says so right on the outside of the AppleCare box.

From Apple's AppleCare Protection Plan Terms And Conditions : "This Plan is notavailable forFlorida consumers or where prohibited by law "


This is interesting. I love in Orlando. Two of my clients have Apple care. They live in winter park.
Just how long ago were you a tech?
I'm pretty sure i can go anywhere and get a service warranty on just about anything. I have been in fl for over 25 years. In the 80s i bought a service plan for a CD player. And got to use it.
Again, how long ago was this?
 
2013-05-15 03:57:19 PM
Contract time = 24 months
Time before AT&T will let you "upgrade" phone = 18 months
iPhone warranty period = 12 months

 Am I the only one that thinks this is a little bit out of whack?
 
2013-05-15 03:57:49 PM

Soup4Bonnie: Is this like the time when my wife shattered her iPhone after pulling it out to answer a call and it was entirely my fault because I was the one calling her?


Yes well you were calling to beg forgiveness for farking her baby sister. I think she was justified in hurling the phone across the room and into the wall.
 
2013-05-15 04:05:55 PM

vudukungfu: She knew she was buying a cheap trinket made in china by malnourished children.
She knew what she was getting into.
Toss the case.

/never owned a portable phone in my life.


So WTF make such an ingnorant comment?
 
2013-05-15 04:08:34 PM

rooftop235: The elite book is the shiznit. Cracks me up that it has a drain on the keyboard.


Indeed. They're almost as nice a Thinkpads.

I have a theory that people who think Apple offers good customer service have never gotten to deal with proper business system support.
 
2013-05-15 04:08:59 PM

Satanic_Hamster: Nonrepeating Rotating Binary: Its a little button, a small mechanical item.  They break.  This isn't Star Trek where they can estimate to the millisecond how long it will last.

/bet she was a joy to have on the phone

Actually...

You would not believe the amount of testing a major company will do.  For something like the phone, they'll put it in a machine that will hit the power button non-stop for two months straight to simulate a X no. of years of regular use/button pressing, just to see if it's up to snuff.


I have had devices last for years with no problems. My Game boy (the origional bought < 1 yr after release in North america) still worked fine the last time I tried it like 4 years ago, My 2 most recent cell phones have both spent nearly a year an a half  getting beat up in my pocket, and still work fine.

There could be a defective part, it could be how she used/treated it (some people just destroy devices), or it could be apple not testing right.
My money is on it not being the design, and the average life expectancy minus 1 standard deviation is noticably longer then she had the phone for.

I do not think apple is doing anything specially wrong here. But you get what you pay for, and what she paid for was something with a set warranty that is difficuly to fix outside of it.
 
2013-05-15 04:12:07 PM
The planned obsolescence is not a tin foiled hat conspriacy theory. We had an Imac mini that lasted for 5 years. it finally busted, so we got the last Imac mini with the CD drive. Just 18 months later it bricked up the CD drive and destroyed all the current data and corrupted the files. I was a dedicated Mac user for 22 years, defended Mac for years even when they almost went out of business in 1990's.

we went on the help site for a fix to our problem. their solution? Buy another Mac.

we switched to Windows and Linux. Seriously, we were loath to do this. But we had noticed a precipitous decline in the last 10 years of both the quality and value of Appke products, accelarating in the last five years.
 
2013-05-15 04:13:25 PM

spidermann: unyon: FTFA: Meanwhile, Apple, what's with the customer support policy that digs its heels in on a 15-month-old iPhone with a power button gone bad? Are you trying to create unhappy customers?

No, sell Applecare.  Which would have covered this.  Which this woman chose not to buy.

/who the fark has a longer than 12 month warranty any longer anyways?

It's Florida where AppleCare cannot be sold.

*dons "former Apple Tech hat"*

When repairing and selling Apple products at a reseller we had quite a few people vacation from Florida who would buy products because Oregon has no sales tax. They'd go to purchase AppleCare and I'd have to deny them because they lived in Florida. Florida has "consumer protection laws" that prevent extended warranties from being sold on products. It even says so right on the outside of the AppleCare box.

From Apple's AppleCare Protection Plan Terms And Conditions : "This Plan is notavailable forFlorida consumers or where prohibited by law "


Have to call BS on this as I live in Florida and have bought Applecare on past products.  Also, whenever I buy an item at any big box store (i.e. Sears, Best Buy, Office Depot) they try to sell me an extended warranty.
 
2013-05-15 04:19:27 PM

sjmcc13: I have had devices last for years with no problems. My Game boy (the origional bought < 1 yr after release in North america) still worked fine the last time I tried it like 4 years ago, My 2 most recent cell phones have both spent nearly a year an a half getting beat up in my pocket, and still work fine.

There could be a defective part, it could be how she used/treated it (some people just destroy devices), or it could be apple not testing right.
My money is on it not being the design, and the average life expectancy minus 1 standard deviation is noticably longer then she had the phone for.

I do not think apple is doing anything specially wrong here. But you get what you pay for, and what she paid for was something with a set warranty that is difficuly to fix outside of it.


Oh, you'll always have outliers.  Just a fact of life.

However, given the volume of complaints on this single issue, I'm thinking that Apple cheaped on their testing for that part and/or decided to have anticipated life span / failure rate after extended use.
 
2013-05-15 04:38:18 PM

Rapmaster2000: derpy: grumpycat"good".jpg

The Angry Hand of God:  In addition, are Apple users that convinced that Android users are trying to sabotage Apple?  Seriously?

The derp runs deep.

[encrypted-tbn2.gstatic.com image 115x128]

Apple v. Android is the Ford v. Chevy of modern life.


Nah.  That would be a better comparison if AC Delco made 95% of the parts for both.
 
2013-05-15 04:42:21 PM

Satanic_Hamster: However, given the volume of complaints on this single issue, I'm thinking that Apple cheaped on their testing for that part and/or decided to have anticipated life span / failure rate after extended use.


Steve Jobs would tell her she used it wrong.
 
2013-05-15 04:42:33 PM

StrikitRich: spidermann: unyon: FTFA: Meanwhile, Apple, what's with the customer support policy that digs its heels in on a 15-month-old iPhone with a power button gone bad? Are you trying to create unhappy customers?

No, sell Applecare.  Which would have covered this.  Which this woman chose not to buy.

/who the fark has a longer than 12 month warranty any longer anyways?

It's Florida where AppleCare cannot be sold.

*dons "former Apple Tech hat"*

When repairing and selling Apple products at a reseller we had quite a few people vacation from Florida who would buy products because Oregon has no sales tax. They'd go to purchase AppleCare and I'd have to deny them because they lived in Florida. Florida has "consumer protection laws" that prevent extended warranties from being sold on products. It even says so right on the outside of the AppleCare box.

From Apple's AppleCare Protection Plan Terms And Conditions : "This Plan is notavailable forFlorida consumers or where prohibited by law "

Have to call BS on this as I live in Florida and have bought Applecare on past products.  Also, whenever I buy an item at any big box store (i.e. Sears, Best Buy, Office Depot) they try to sell me an extended warranty.


From AppleCare page on amazon...

AppleCare Protection Plan (APP) Sales into the State of Florida
Resellers are not permitted to sell the AppleCare Protection to consumers in the State of Florida. Consumers resident in Florida may purchase the APP from Apple directly through the Apple Retail Stores or the Apple Online Store (store.apple.com).
 
2013-05-15 04:48:26 PM

StrikitRich: So WTF make such an ingnorant comment?


It's not ignorant.
It's well informed, and true.

It's also smug.
Sweet, justified, smug.
 
2013-05-15 04:51:41 PM

OSULugan: Contract time = 24 months
Time before AT&T will let you "upgrade" phone = 18 months
iPhone warranty period = 12 months

 Am I the only one that thinks this is a little bit out of whack?


You clearly don't understand how scams work.
 
2013-05-15 05:25:18 PM
My father was once asked by Lionel to design a fuse that would go bad near the end of the warranty. The controller would be brought to a dealer for the fix, and the thinking was that while in the store more accessories would be bought.
 
2013-05-15 05:29:37 PM

OSULugan: Contract time = 24 months
Time before AT&T will let you "upgrade" phone = 18 months
iPhone warranty period = 12 months

 Am I the only one that thinks this is a little bit out of whack?


American Express no-additional-cost extended warranty on a 12-month manufacturer's warranty = 12 months

I use my Amex to buy all of my electronics and appliances.
 
2013-05-15 05:30:35 PM

exvaxman: My father was once asked by Lionel to design a fuse that would go bad near the end of the warranty. The controller would be brought to a dealer for the fix, and the thinking was that while in the store more accessories would be bought.


That big dummy.  Did Fred know about it?
 
2013-05-15 05:34:20 PM

RickN99: OSULugan: Contract time = 24 months
Time before AT&T will let you "upgrade" phone = 18 months
iPhone warranty period = 12 months

 Am I the only one that thinks this is a little bit out of whack?

American Express no-additional-cost extended warranty on a 12-month manufacturer's warranty = 12 months

I use my Amex to buy all of my electronics and appliances.


My old credit card had the same protection.  Also protected against theft.

So this one time my portable CD player was stolen from my car.  I put in a claim for the CD player.  I got back a very serious letter stating that "you must purchase a new CD player first and then we will reimburse you" (except very, very smarmy).  I'm thinking to myself, "um, okay, sounds good to me!"  So I bought a new one that day and life went along.

I never understand why companies must treat every little out-of-band transaction like it's about to go on fire or something.
 
2013-05-15 05:34:34 PM

likefunbutnot: rooftop235: The elite book is the shiznit. Cracks me up that it has a drain on the keyboard.

Indeed. They're almost as nice a Thinkpads.

I have a theory that people who think Apple offers good customer service have never gotten to deal with proper business system support.


You're comparing business systems for likely a decent sized account to individual electronics consumer support. Those two are WILDLY different if only because of the value of the hardware purchased by an individual vs a corporation.

Apple DOES have good tech support if you're in warranty. Especially compared to the shiat shows people deal with for Dell, Acer, HP, eMachines, Gateway, Best Buy, Staples, etc.
 
2013-05-15 05:46:04 PM
images3.wikia.nocookie.net
Rico?
 
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