Apple is facing a class action lawsuit that claims the tech giant falsely advertised a popular device.
Three plaintiffs alleged that Apple proclaimed its $250Â AirPods Pro Gen 1 were ‘premium’ earbuds for three years after acknowledging some units were defective.
Customers said that they reported the problems in 2019 due to major sound issues like crackling, static, background interruption and loss of sound.
The lawsuit argues that ‘Apple touted its AirPods Pro Gen 1’s superior audio and noise-cancelling qualities and sold AirPods Pro Gen 1 to consumers nationwide even though its AirPods Pro Gen 1 had an audio defect.’
Apple acknowledged the sound issues a year after the product’s release in 2020, telling consumers they would service or replace the affected AirPods Pro at no cost to the consumer.
But plaintiffs claim that Apple buried its admission of the problem on its support page and never took steps to notify people who had purchased the device.
They are suing for violating California, Ohio, Pennsylvania and Texas’ consumer protection and warranty laws and are seeking damages, fees, costs and a trial by jury.
Apple is facing a class action lawsuit from consumers who claim the company falsely advertised its Airpods Pro Gen 1 headphones, despite knowing they were defective
The lawsuit included photos of the defective devices sold 15 months apart. The defective sample of the eartip mesh (pictured on the left) was sold before the recall in 2019 while the sample on the right (pictured) was sold in 2021
Lawyers at TYCKO & ZAVAREEI, who are defending the plaintiffs told DailyMail.com: ‘The precise amount of money Apple received from other consumers who were ripped-off by overpaying for a product that Apple knew was defective will be determined as the litigation progresses.
‘However, given that Apple sold an estimated $12.1 billion worth of AirPods (all models) and holds the largest share of the wireless headset market, we expect that consumers paid millions more than they should have for these defective earbuds.’
Apple’s 2020 notice warned consumers about the ‘sound issues’ on its support page, and also reported that the active noise cancellation wasn’t working as it should and people could experience ‘a loss of bass sound, or an increase in background sounds, such as street or airplane noise.’
While the earbuds were discontinued in September 2022, units have continued to be sold on Amazon and Walmart for $150 or more.Â
However, the new class action lawsuit filed on November 1 said that Apple hadn’t fixed the problem for future sold devices, thus misleading customers into paying ‘a premium’ for a faulty product.
Instead, the lawsuit said that Apple agreed to cover the affected devices for two years after retail, but just before the deadline, the lawsuit reported that the company updated its service program to cover the product for three years after sale.
‘In short, Apple extended the program because it knew it could not fix the problem,’ the lawsuit said.
The lawsuit claims that the Airpods Pro Gen 1 headphones experienced static, crackling and background noise that rendered them unusable
The lawsuit claims that Apple didn’t take appropriate action and should have immediately pulled the headphones from store shelves.Â
‘Although Apple discontinued its AirPods Pro Gen 1 after identifying the defect alleged in the Complaint, Apple did not ensure that all consumers who paid top dollar for this product were made whole,’ the lawyers said in the statement.
‘It could have easily done so. Instead, while advertising the benefits of its AirPods Pro Gen 1, Apple was silent as to the defect. We filed this nationwide class action after extensive factual and legal investigation and look forward to giving our clients and Apple customers across the country their day in Court.’
Lindsey LaBella said in the lawsuit that she purchased the device in 2022 and about a year later started experiencing static and crackling noises, but was never notified by Apple that the headphones were defective.Â
She said the device worsened over time until it became unusable, prompting her to make an appointment at an Apple store in May of this year.
The company’s sound test allegedly confirmed they were defective but that she would have to pay $89 per earbud or buy a new set for $249 – the same price she paid for the Pro Gen 1 pair.
Plaintiff Stacey Rodgers likewise said in the lawsuit that when she bought the device in 2021, she wasn’t informed that it would cause sound issues and ‘reasonably believed that the AirPods Pro Gen 1 provided high-quality audio and would function like high-end headphones.’
The lawsuit also included photos of the defective batteries that were sold 15 months apart. The defective sample of the battery (pictured on the left) was sold before the recall in 2019 while the sample on the right (pictured) was sold in 2021
Within a year of purchase, Rodgers said she started experiencing issues, but when she visited the Apple store in November 2023, she was also allegedly told it would cost $89 a piece to replace the earbuds.
Other users have complained on social media and Apple’s site that they experienced the same issues years after Apple confirmed the devices had sound problems.
One person wrote on a Reddit post in 2022 that their headphones had started crackling but claimed ‘when I talked with Apple Support, they said that since mine were made in Q1 2021, they’re not eligible for replacement.’
The consumer protection and warranty laws were instated in 1975 to protect buyers from false advertising and requires companies to notify them of defective or faulty goods and services.
The lawsuit did not include a specific payout, but a hearing date has been set for February 5, 2025.
DailyMail.com has reached out to Apple and the plaintiff’s attorney for comment.
