Toronto Man Files Lawsuit Against Apple Over Scratches on Apple Watch [u]

A Toronto man isn’t happy with his Apple Watch Series 3 Edition and is now taking Apple Canada to court, over its marketing of the wearable’s finish which is not supposed to scratch or tarnish, he claims.

Apple watch series 3 ceramic

21-year old Dean Lubaki, purchased his 42mm Apple Watch Series 3 + Cellular, an Edition model with a white ceramic finish, back on September 26, 2017, along with AppleCare for the watch. He purchased a 42mm Milanese Loop to go with his Apple Watch as well.

According to Lubaki, who filed a small claims court application with the Ontario Superior Court of Justice, alleges Apple’s marketing of the Edition as “brilliantly scratch-resistant” is false because the finish on his watch “did scratch and tarnish”, according to the filing seen by iPhone in Canada.

The issue stems from the Milanese Loop watch band, as a magnet on the back of Apple Watch attracts the band, which subsequently resulted in scratches, writes Lubaki to Apple in an email dated April 11, 2018.

“The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw. Same abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch,” explained Lubaki to Apple, in a letter sent to Apple Yorkdale as well as CEO Tim Cook.

The following images were provided below, in his court filing:

Screenshot 2018 06 21 09 46 54

Screenshot 2018 06 21 09 47 03

On April 11, 2018, Lubaki went back to the Apple Yorkdale location to request a replacement, but was denied. According to Lubaki, Apple told him cosmetic damages are not covered, but he disagreed over the company’s claim the ceramic case comes “with a refined finish that won’t scratch or tarnish.”

When he asked to speak to a manager, he was told by the employee he had no manager. It wasn’t until his fourth and fifth request to speak to management, did a manager actually appear. Lubaki was then told the same thing as before by the employee, that Apple does not replace devices due to cosmetic damage. He later sent a letter to Apple with a complaint but did not hear back from the company.

Lubaki then sent off a small claims court filing to Apple dated June 6, 2018, which was delivered in writing via Canada Post. His claim, which he shared with iPhone in Canada, requests for a refund on his Apple Watch Edition along with AppleCare+, and additional compensatory and punitive damages, which he did not want to disclose publicly.

According to Lubaki, he is seeking compensatory damages for “mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back,” as he dealt with the issue during his final exam period which “put an additional strain” on him. Other compensatory damages include repayment for his CarShare rental and for postal charges regarding his small claims court filing.

As for punitive damages, Lubaki says Apple “should not get away” with “lying to customers on their website by falsely claiming that a product ‘won’t scratch’”, on top of “lying to customers to their face and in store.”

After he sent his small claims court filing to Apple, Lubaki said he was contacted by a member of the Apple customer relations team. Apple offered to replace his Apple Watch Edition, and provide a free accessory as well. Lubaki declined the offer and said he plans to represent himself in small claims court. He says Apple has until June 26, 2018, to file a response to his claim.

Update August 30, 2018: According to documents seen by iPhone in Canada, the case was settled out of court by Apple on August 15, 2018.

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