On Wednesday, May 8, 2024, My News LA reported that a judge had removed himself from a proposed class action lawsuit filed against Apple Inc. regarding claims about the water resistance of its Apple Watch models.

The proposed class action was filed in Los Angeles Superior Court on May 2nd by plaintiffs Isabelo Pascual and Ashley Green, residents of Los Angeles and San Bernardino counties, respectively. Pascual had purchased an Apple Watch Series 6 while Green had purchased a Series 7 model between October 2020 and October 2023.

In their lawsuit, the plaintiffs allege that Apple misled consumers through advertisements depicting the watches being used in and around water and using phrases like “H2O, You’re good to go” to claim the products were “swimproof” and fully water-resistant. However, the suit argues that the watches are not in fact water-resistant as understood by consumers and often fail when briefly exposed to water.

On Tuesday, the clerk’s office issued a minute order stating that Judge Stuart M. Rice had recused himself from the case without further explanation. The case was then transferred to the courtroom of supervising Judge David S. Cunningham III to be reassigned to a new judge.

The proposed class action lawsuit asserts that Pascual and Green paid more for their Apple Watch devices than they would have if they knew the truth about the watches’ actual water resistance. It claims Apple violated California’s false advertising, unfair competition, and consumer legal remedy laws.

The plaintiffs are seeking to represent all California residents who purchased an Apple Watch Series 6 or Series 7 in the state during the statutes of limitation for the alleged violations. They are requesting remedies including restitution, attorney fees, and compensatory damages from Apple.

 

 

Source: My News LA