SAN FRANCISCO (CN) – A federal judge Monday dismissed with leave to amend a class action claiming Apple hid a fatal iPhone 6 error from customers.
Lead plaintiff Nicholas Lusson sued Apple in February, claiming it concealed a glitch called “Error 53” that renders the iPhone 6 useless when a user updates a phone or restores it from backup.
U.S. District Judge Vince Chhabria found Lusson’s second amended complaint lacked specificity to justify claims of negligent misrepresentation, false advertising and unjust enrichment.
“The complaint recites a few alleged affirmative misrepresentations, but the complaint doesn’t explain how those statements are actually misleading, and doesn’t give any detail about how or when the plaintiffs actually relied on them,” Chhabria wrote in his June 20 ruling.
The judge also found the plaintiffs failed to adequately allege that customers lost data, rather than access to their data. Some form of real property loss or physical injury is necessary to seek damages for negligent misrepresentation, Chhabria wrote.
Class attorney Darrell Cochran said he was “not surprised” by the ruling, and that “it will be a long process to hold Apple accountable.”
He said the complaint will be amended.
Cochran is with Pfau Cochran Vertetis & Amala in Tacoma, Wash.
Apple attorney Matthew Powers, with O’Melveny & Myers, did not return a phone call seeking comment.
In April, U.S. District Judge Lucy Koh dismissed another class action against Apple, claiming an iPhone app automatically switched phones from wireless to cellular data, causing some users to exceed data limits and pay higher phone bills.
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