According to a recent lawsuit, the popular smart phone company has engaged in unlawful and anti-competitive conduct by not filling the cell phone cases with more than enough, smart phone hardware to provide for all users. According to the complaint, the smart phone has left consumers with less than the required minimum and systematically underfills cases and bags. Moreover, the consumers that filed suit, such as design & sameline alced and Georgia plumber, claimed that the company has abused its competitive market power by attempting to become so dominant in smart phones, laptops and televisions that it is in fact no longer in control of its own market. States and territorial jurisdictions charged the $1 billion company with violating anti-competition laws that are designed to prevent companies from monopolizing or trying to dupe their customers into buying more than they need or want.
This case, though, goes beyond a simple violation of anti-competition laws. The complaint also claims that the company engaged in an orchestrated campaign to sell cell phone accessories to its own customers at an inflated price, thereby increasing its profits while simultaneously deceiving consumers into believing that the accessories they were purchasing were superior products. A number of lawsuits like this one have been filed against other firms as well. Apple is currently facing a class-action lawsuit over its attempt to promote its i-Phone in the manner it was done during the times of the iPod, when it was known for selling items such as earbuds, chargers and headphones at high markups. The company may be facing a lawsuit over its promotion of the iPhone.
In this particular case, the company sold a range of protective cases, including one called iPhone Care which is made from silicone. Silicone is not designed to be an insulator and is especially affected by temperature changes and is not in many users’ best interests. Additionally, the case has holes that allow water to seep through, meaning that it could easily break causing significant damage to iPhone’s. When this happens, a manufacturer such as Apple can be held responsible. The company did not immediately respond to a request for comment on the case.
Wise Foods has filed suit because it feels that the company has been the victim of deceptive marketing and promotion. The complaint asserts that the company knew that the products sold were of a poor quality and did nothing to rectify the situation. The case does not argue that the company was unreasonable or unprofessional in its actions. Rather, Wise Foods argues that the manufacturer’s warranty was inadequate. The warranty did not cover any defects in the product, only that it was manufactured and that it should last for two years or three years, respectively. That is not a long enough warranty to protect consumers.
The company further claims that there was a direct relationship between the marketing and the products sold, pointing to a number of ads that promoted their products. These ads also contained promises that said the company sold phone accessories for iPhone and iPod. The company further says that it never received any product support or warranty from Apple or anyone else and that therefore, they are responsible for any damages or injuries caused by their products.
Wise Foods is asking for monetary damages and is not seeking any damages based on mental pain and suffering. This case may just be the first of several cases filed against these types of companies. Many companies have had to file lawsuits against companies that produce low-quality goods. If you have bought Smart Phone accessories or other devices from these types of companies, you might want to consider calling your attorney before speaking with them about your case.
