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One more lawsuit: Canadian claims that Apple Watch does not resist risks as promised

Another day, another lawsuit coming to the tables of Apple's legal department. This time, the case is a little more unusual than the disputes over patents and intellectual property in which Ma usually gets involved.

The story comes directly from Vancouver (Canada) and its protagonist is the young man Dean Lubaki, 21 years old. As the iPhone in Canada, the Canadian university is filing a lawsuit against Apple because well, its Apple Watch Series 3 it is scratched and, according to him, the advertising of the watch is misleading because it refers to a “brilliantly scratch-proof” finish.

Lubaki bought his Apple Watch, an Edition model (ceramic, but with a milan-style bracelet) in September 2017, entitled AppleCare +. The student stated that the watch was quickly covered by marks and scratches, mainly due to the hand on the case that attracts the bracelet and causes the risks, the effect mainly affects the bottom part of the accessory, where its sensors are located, but also scratches the watch screen when the bracelet is removed to be replaced.

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When taking the Watch to a Ma store and requesting the replacement of the accessory in April, the attendants refused the request, claiming that their warranty does not cover cosmetic damage, which does not affect the functionality of the device. Lubaki disagreed, quoting the phrase repeated in the watch's advertising that he would be risk-resistant and asked to speak to the manager. The attendant stated that "he did not have a manager", but the client continued to insist until, in the fifth order, a superior came to speak to him, repeating the same statement that that damage was not covered by the guarantee.

Following his odyssey, Lubaki sent an Apple email reporting the incident, but received no response. The student then filed a lawsuit in the Vancouver Small Claims Court, asking for reimbursement of the amount spent on Apple Watch and AppleCare +, as well as financial compensation for “mental stress, expenses arising from the case and time spent in the case. my life spent that I will never recover ”, as the Canadian puts it in the text of the process. He said he was in the final exam period and that his performance in the exams was directly affected by the imbroglio.

Once the process was registered, Apple contacted Lubaki, offering him to exchange his Apple Watch with a free accessory. The student, however, refused, stating that the company "cannot get away with the lie published on its website, stating that the product does not scratch", in addition to "lying in the face of consumers in its store". The student himself will represent himself at the hearing and Apple has until the 26th next to submit a response.

a prickly situation, indeed. Opinions?

via Apple World Today