The filing also alleges that Apple was aware of the defect at or before the time it started selling the first generation (Series 0) watches in April of 2015.
"Further, Apple's conduct, when confronted with the Defect, indicates that its internal policy is to deny the existence of the Defect, claim the Defect is the result of "accidental damage" caused by consumers, and then refuse to honor its Limited Warranty on those grounds". The lead plaintiff (Colorado's Kenneth Sciacca) and other members of the class say that had they known about the defects, they would not have purchased an Apple Watch, or would have paid less for them.
Woman missing, her dog found after reported alligator attack in Florida
Friday and the family's dog was growling and behaving strangely before he took off from their backyard and ran into some bushes. The unidentified woman's dogs would not leave the pond as divers searched for her on Friday morning, police said.
Sciacca purchased a Series 2 Stainless Steel 38mm Apple Watch on or about December 1, 2016.
According to PatentlyApple, a six-count class action suit seeking $5 million has been filed against Apple in San Jose, California, for the company's refusal to acknowledge an "Apple Watch Defect".
"Since 2015, Apple has sold millions of Watches with the defect throughout the United States, and either knew, or should have known, that the Watches contain the defect and are not fit for their intended goal", the suit claims.
That extended warranty was only for first-generation Apple Watches. Indeed, even the Series 2 saw an expanded battery issue. AppleInsider has service data collated on every model of Apple Watch from release, similar to the data we have collected on the iPhone and Mac lines. The lawsuit cites 16 comments listed in Apple's Communities forum sharing the owners' experiences of their Apple Watch screen falling out, saying the internet is "replete" with similar instances. And while there is no shortage of people claiming that their Apple Watch screen cracked for seemingly no reason at all, it is not impossible to imagine that in many cases it was the user, rather than a swelling battery to blame. Just two months ago, Apple said that Apple Watch wearers who own units with swollen batteries can take advantage of free repairs.