Federal Judge Denies Motion to Dismiss in Apple Keyboard Class Action

12.03.2019

After hearing oral argument on Apple’s motion to dismiss, U.S. District Judge Edward J. Davila rejected Apple’s second attempt to end a class action brought by individuals who purchased MacBook laptops equipped with a butterfly mechanism keyboard.

Plaintiffs allege that Apple sold MacBooks with defective butterfly keyboards and was aware of the defect before first selling the laptops in 2015.

Shortly after being sued, Apple launched a Keyboard Service Program that it claimed would fix keyboard glitches like characters unexpectedly repeating, letters not appearing at all, and keys feeling sticky or not consistently responding. Apple moved to dismiss based on the assertion that this program offered MacBook purchasers a complete solution. The Court rejected Apple’s arguments, finding that the Plaintiffs adequately alleged why Apple’s program is ineffective and upholding their consumer protection and warranty claims under California law.

The case will continue to move forward in federal court. Follow us on Twitter @GirardSharp for the latest case developments.

A copy of the Court’s order is available here.

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