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`Case 5:20-cv-05857 Document 1 Filed 08/19/20 Page 1 of 43
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`MARLIN & SALTZMAN, LLP
`Stanley D. Saltzman, Esq. (SBN 90058)
`Tatiana G. Avakian, Esq. (SBN 298970)
`29800 Agoura Road, Suite 210
`Agoura Hills, California 91301
`Telephone:
`(818) 991-8080
`Facsimile:
`(818) 991-8081
`ssaltzman@marlinsaltzman.com
`tavakian@marlinsaltzman.com
`
`Attorneys for Plaintiff and the putative Class
`
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
`
`JUSTIN OCAMPO, individually and on
`behalf of all others similarly situated,
`
` Plaintiff,
`
`
`v.
`
`
`APPLE INC., a California corporation, and
`DOES 1-10, inclusive,
`
` Defendants.
`
`
`
`
`
`CASE NO.
`
`CLASS ACTION COMPLAINT FOR:
`1. Violation of the California Consumer
`Legal Remedies Act
`2. Violation of the California False
`Advertising Law
`3. Violation of the Song-Beverly Consumer
`Warranty Act
`4. Violation of the California Unfair
`Competition Law
`5. Violation of the Magnuson-Moss
`Warranty Act, 15 U.S.C. § 2301, et seq.
`6. Breach of Express Warranty
`7. Breach of Implied Warranty of
`Merchantability
`8. Violation of the Consumer Fraud
`Statutes of All 50 States and the District
`of Columbia; and
`9. Fraudulent Concealment
`10. Unjust Enrichment
`
`
`JURY TRIAL DEMANDED
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`Case 5:20-cv-05857 Document 1 Filed 08/19/20 Page 2 of 43
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`Plaintiff Justin Ocampo (“Plaintiff”), by and through his undersigned counsel, brings this
`action, on behalf of himself in his individual capacity, a Nationwide Class of all other similarly
`situated consumers, and a California Subclass of all other similarly situated consumers, against
`Defendants APPLE INC. (“Defendant”), who engages in retail sales via internet, telephone, and
`retail stores throughout all fifty United States and the District of Columbia, and DOES 1-10,
`inclusive, as follows:
`
`NATURE OF THE ACTION
`1.
`Plaintiff brings this Class Action on behalf of himself and all similarly situated
`consumers nationwide (“Nationwide Class”) and in California (“California subclass”)
`(collectively referred to as “Class or “Classes”), as more fully defined below, seeking to redress
`the pervasive pattern of deceptive, false, misleading, and otherwise improper advertising, sales,
`and marketing practices that Defendant has engaged in with regard to their model year October
`2016 and later Apple MacBook Pro laptops (“MacBook Pro” or “MacBook Pro laptops”).
`2.
`In October 2016, Apple released a new MacBook Pro model that included a Touch
`Bar, a small strip at the top of the screen that features a light-up touch-based panel that replaces
`certain function keys on the keyboard. Apple advertised the MacBook Pro as the thinnest and
`lightest MacBook Pro model ever, weighing 3 pounds and measuring in at 14.9 mm of thickness,
`down from 18 mm.1 Apple also announced that the new display of the MacBook Pro is 67 percent
`brighter, has a 67 percent better contrast ratio, and displays 25 percent more colors compared to
`the previous model.2 One of the selling points of the new MacBook Pro laptops that Apple
`highlighted was “[t]he new display in the MacBook Pro is the best ever in a Mac notebook,” and
`that it “ensures truer-to-life pictures with realistically vivid details…”3
`
`
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`1 http://web.archive.org/web/20161027220820/https://www.apple.com/macbook-pro/ (last
`accessed 8/18/20)
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`2 https://www.youtube.com/watch?v=19J1oK1981k (last accessed 8/18/20)
`3 http://web.archive.org/web/20161027220820/https://www.apple.com/macbook-pro/ (last
`accessed 8/18/20)
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`3.
`Apple’s representations of its display screen are false. In order to support a
`compact design, the new MacBook Pro uses thin, flexible ribbon cables (“flex cables”) to connect
`the display to a display controller board beneath the Touch Bar. These flex cables, which wrap
`over the controller board, are defective. By opening and closing the laptop screen, the flex cables
`wear out over time. Consequentially, the laptop’s display backlight4 shows dark spots across the
`screen and/or stops working altogether.
`4.
`When the display backlight issues surface in the MacBook Pro, the laptop
`essentially becomes nonfunctional. Consumers are either unable to use the laptop when the laptop
`screen is open beyond certain degrees, or they are unable to use the laptop at all because the
`display screen is inoperable. Accordingly, the problems with the MacBook Pro are material and
`compromise the laptops’ core functionality.
`5.
`Further, repairing the display backlight issue is not a simple fix. Because the flex
`cables are part of the display, the cables cannot simply be replaced. Instead, the entire display unit
`needs to be replaced, therefore substantially increasing the repair cost.
`6.
`Defendant has publicly acknowledged that the 13-inch MacBook Pro year 2016
`model is prone to issues regarding the display backlight either showing vertical bright areas along
`the bottom of the screen, or not working at all. On May 21, 2019, Defendant issued a notice on
`its website, announcing the “13-inch MacBook Pro Display Backlight Service Program,”
`(“Backlight Service Program”) and acknowledging the display backlight issues.5 The Backlight
`Service Program does not apply to 15-inch MacBook Pros or MacBook Pro models after 2016.
`7.
`In addition, even prior to announcing the Backlight Service Program, Defendant
`was aware of the defective nature of the flex cable design because consumers posted complaints
`on Defendant’s website and/or submitted repair tickets to Defendant’s Genius Bar. As to the
`former, Plaintiff is informed and believes that Defendant often removed consumer threads posted
`
`
`
`4 Backlight is a form of illumination used to illuminate a display screen.
`5 https://www.apple.com/support/13-inch-macbook-pro-display-backlight-service/ (last
`accessed 8/18/20)
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`on its website that discussed the defective flex cable design and display backlight issues. As to
`the repair tickets, because these defects typically manifested after Apple’s one-year written
`warranty, in order to repair the defects, Apple quoted consumers hundreds of dollars to replace
`the entire display screen. Thus, after the warranty period expires, consumers are left with a
`defective laptop, and forced to pay for the expensive costs of repairing the entire display screen
`in order to have a functioning laptop.
`8.
`Despite having knowledge of the defective flex cable design, at no time while
`Defendant advertised and sold the MacBook Pros did Defendant disclose to Plaintiff and other
`consumers that the flex cables were defective, or that the laptop was prone to display backlight
`issues. Had Defendant notified its consumers of these defects, and had its consumers known of
`Defendant’s false and misleading advertising, its consumers would not otherwise purchased a
`purportedly high-end laptop costing approximately $1,499.00 to $2,399.00.6
`9.
`Numerous consumers, including Plaintiff, have reported display backlight issues
`when opening and closing their MacBook Pro laptops, and have posted comments on various
`online forums, blogs, and Apple’s website. Further, a consumer started a petition on Change.org
`– which includes close to 28,000 signatures – requesting that Defendant launch an extended
`warranty program to address the display backlight issues.7
`10.
`Not only has Defendant sold the defective MacBook Pro, Defendant unreasonably
`delayed issuing a repair program despite the fact that it both knew and should have known that
`the flex cables resulted in backlight display screens that rendered the laptops inoperable before it
`issued a notice regarding the Backlight Service Program.
`11.
`In addition, another Change.org petition was started addressing Apple’s
`inadequate Backlight Service Program, citing complaints that Apple refused to provide free
`display repair or repair refunds under the program to certain customers because “the serial number
`
`
`
`6 The price of the MacBook Pro varies, depending on storage size.
`7 https://www.change.org/p/apple-fix-all-macbook-pro-2016-and-later-with-stage-light-effect-
`or-backlight-shutdown-flexgate (last accessed 8/18/20)
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`does not qualify,” or “the system does not process,” or not providing a reason at all.8 The
`Backlight Service Program is inadequate also in that it does not provide repair services to the 15-
`inch MacBook Pros or for MacBook Pros after the year 2016.
`12.
`Accordingly, Plaintiff brings this class action on behalf of himself and all other
`similarly situated consumers seeking monetary relief and an order forcing Defendant to provide
`appropriate injunctive relief by no longer defrauding the public and its consumers by advertising
`and selling the MacBook Pro models with the defective flex cables, and by ensuring that it
`provides an adequate, comprehensive program for repairing all MacBook Pro models that
`experience backlight display issues and/or will manifest backlight display issues in the future.
`PARTIES
`13.
`Plaintiff is and at all material times was a citizen and resident of San Joaquin
`County, California. Plaintiff purchased the MacBook Pro at issue at Best Buy in San Jose,
`California.
`14.
`Defendant is a California corporation with its principal place of business at One
`Apple Park Way, Cupertino, California 95014. Defendant is a multinational company that designs,
`develops, and sells consumer electronics, computer software, and online services.
`15.
`DOES 1 through 10 inclusive are now and/or at all times mentioned in this
`Complaint were licensed to do business and/or actually doing business in the State of California.
`Plaintiff does not know the true names or capacities, whether individual, partner, or corporate, of
`DOES 1 through 10, inclusive and for that reason, DOES 1 through 10 are sued under such
`fictitious names. Plaintiff will seek leave of court to amend this Complaint to allege such names
`and capacities as soon as they are ascertained.
`JURISDICTION AND VENUE
`16.
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332(d) because at least
`one member of the putative Class is a citizen of a State other than that of the Defendant, there are
`
`
`
`8 https://www.change.org/p/apple-stop-avoiding-refunds-to-users-affected-by-macbook-pro-
`backlight-service-program (last accessed 8/18/20)
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`more than 100 Class members, and the damages suffered and sought to be recovered herein total,
`in the aggregate, in excess of $5,000,000, exclusive of interests and costs.
`17.
`Personal jurisdiction is proper because Defendant’s principal place of business is
`within this District and Defendant has purposefully availed itself of the privilege of conducting
`business activities within this District.
`18.
`The Court has original jurisdiction under the Class Action Fairness Act (“CAFA”)
`and/or supplemental jurisdiction under 28 U.S.C. § 1367.
`19.
`Venue is proper under 28 U.S.C. § 1391 because Defendant, at all material times,
`has had continuous and systematic contacts in this District by actively doing business and
`perpetuating the deceptive business practices that are the subject of this lawsuit in this District. In
`addition, a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in
`this District in that Plaintiff purchased his MacBook Pro in this District.
`CALIFORNIA CHOICE OF LAW ALLEGATIONS
`20.
`Because this Complaint is brought in California, California’s choice of law regime
`governs the state law allegations in this Complaint. Under California’s governmental
`interest/comparative impairment choice of law rules, California law applies to the claims of all
`Class members, regardless of their state of residence or state of purchase.
`21.
`Because Apple is headquartered, and made all decisions relevant to these claims,
`in California, California has a substantial connection to, and materially greater interest in, the
`rights, interests, and policies involved in this action than any other state.
`FACTS
`
`Common Factual Background
`22.
`Apple first introduced the MacBook Pro line of laptops in January 2006, marketing
`its new line of laptops as the fastest and thinnest Mac notebook ever. In its press release for the
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`new MacBook Pro laptop,9 Apple describes itself as revolutionizing the world of technology,
`particularly regarding personal computers:
`Apple ignited the personal computer revolution in the 1970s with
`the Apple II and reinvented the personal computer in the 1980s with
`the Macintosh. Today, Apple continues to lead the industry in
`innovation with
`its award-winning desktop and notebook
`computers, OS X operating system, and iLife and professional
`applications…
`23.
`Over the years, Apple released updated versions of the MacBook Pro that included
`new features, including Retina Display, thinner and lighter models, faster processors, and
`redesigned keyboards, among other features.
`24.
`On or about October 27, 2016, Apple released a new MacBook Pro model, which
`it characterized as the thinnest and lightest MacBook Pro model ever, with the best ever display
`screen of any of the MacBook Pro models.
`25.
`In October 2016, Apple introduced the new MacBook Pro model during its launch
`event at Apple’s headquarters in Cupertino, California. During the event, Apple’s CEO, Tim
`Cook, described the new MacBook Pro as “absolutely incredible.”10 Phil Schiller, Vice President
`for Worldwide Marketing, praised the MacBook Pro as “the new gold standard of notebook
`computers,” “impressive,” and “the most forward-looking, advanced MacBook line we have ever
`had.”11 Jonathan Ive, former Chief Design Officer for Apple, described the MacBook Pro as “an
`extremely purposeful and powerful creative tool,” and “a milestone in the evolution of the Mac.”12
`
`
`
`9 https://www.apple.com/newsroom/2006/01/10Apple-Introduces-MacBook-Pro/ (last accessed
`8/18/20)
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`10 https://www.youtube.com/watch?v=19J1oK1981k (last accessed 8/18/20)
`11 Id.
`12 Id.
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`26.
`Further, during the launch event, Mr. Schiller highlighted several defining features
`of the new MacBook Pro,13 some of which include:
`• “It is simply the thinnest and lightest MacBook Pro we have ever made.” The 13-
`inch model is 17% thinner, 23% smaller in volume, and half a pound less than the
`previous model. The 15-inch model is 14% thinner, 20% smaller in volume, and
`half a pound less than the previous model.
`• “The display of the new Apple Pro is simply the best display we’ve ever made on
`a Mac.” Compared to the previous 15-inch MacBook Pro model, the new model
`is 67% brighter, has 67% higher contrast ratio, and 25% more colors.
`• The synergism between the new Touch Bar and the MacBook Pro’s display screen.
`Consumers can utilize the Touch Bar to compose emails, edit videos and
`photographs, adjust the display screen brightness, among other tasks, without
`clicking the keyboard. The options on the Touch Bar panel on which the consumer
`clicks are displayed on the laptop’s screen. Therefore, the functionality of the
`display screen is central to the utilization of the Touch Bar.
`27.
`Apple described the new MacBook Pro laptop as “built on groundbreaking
`ideas.”14 The MacBook Pro included a Touch Bar, a small strip at the top of the screen that features
`a light-up touch-based panel that replaces certain function keys on the keyboard. On its website,
`Apple flaunted this new MacBook Pro as “[a] touch of genius.”15
`
`
`
`
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`
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`13 Id.
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`14 http://web.archive.org/web/20161027220820/https://www.apple.com/macbook-pro/ (last
`accessed 8/18/20)
`15 Id.
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`28.
`Apple advertised the MacBook Pro as the thinnest and lightest MacBook Pro
`model ever, up to 17% thinner than previous models, and weighing 3 pounds and measuring in at
`14.9 mm of thickness, down from 18 mm, for the 13-inch model.16 Apple boasted that the new
`MacBook Pro “has the brightest, most colorful Mac notebook display ever,” with 67% brighter
`display than prior models.17
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`16 Id.
`17 Id.
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`29.
`Apple’s website emphasized that “[t]he new display in the MacBook Pro is the
`best ever in a Mac notebook,” and that it “ensures truer-to-life pictures with realistically vivid
`details…”18
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`18 Id.
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`30.
`Apple began selling the new MacBook Pro on or about October 27, 2016. Since
`then, Apple has released updated versions of the MacBook Pro in 2017, 2018, and 2019, which
`were similar to the October 2016 model. Apple charges a premium price for its MacBook Pros,
`ranging from $1,499 to $2,399.
`31.
`Based on Apple’s various representations that the MacBook Pro models since
`October 2016 are high-end and revolutionary laptops, consumers across the country pay a
`premium price for the MacBook Pro laptops, believing that they are lighter, thinner, and have a
`better display screen than other laptops on the market.
`The MacBook Pro Is Defective
`32.
`The MacBook Pro has a defective flex cable, which connects the laptop’s display
`screen to the base of the laptop. The flex cable is a latent, physical defect. Beginning with the new
`model of MacBook Pro laptops from in or around October 2016, Apple opted to use a flexible
`ribbon cable to connect the display screen to a display controller board in order to design the
`thinnest and lightest laptop. An image of the flex cable wrapped around the display controller
`board is shown below:19
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`19 https://web.archive.org/web/20190605233112/https:/ifixit.org/blog/12903/flexgate/ (last
`accessed 8/18/20)
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`33.
`The flexible cables wrap over the display controller board and deteriorate over
`time with the ordinary use of opening and closing the laptop display screen. The deterioration of
`the flex cables results in the display screen exhibiting dark spots and/or in the display screen
`turning completely black when the laptop screen is open beyond certain angles (with some
`consumers complaining of experiencing issues if they opened the screen beyond a 45-degree
`angle). Therefore, consumers are prevented from using their laptops for their ordinary and
`intended purpose: to open the display screen beyond a 45-degree angle when using the laptop.
`34.
`Since the release of the MacBook Pro in or around October 2016, consumers have
`flooded forums, blogs, and Apple’s website with complaints about the issues with the display
`screen, including that the screen shows dark spots and shuts down completely:
`sofie, posted on March 19, 2019 at 5:57 am
`This just happened to my macbook pro 13’ as well. First the stage light appeared and now,
`two weeks later I can’t open it more then 45º without it’s going black. 1 year warranty
`has just expired ):20
`Tami, posted on March 20, 2019 at 12:21 am
`Thank you for this. I’ve had the exact same problem with my 2016 MBP 13” with Touch
`Bar. First the stage light effect, then the blacking out if opened past 45 degrees. Warranty
`expired six months ago. I didn’t expect to need Apple Care for a $3k machine, given my
`last MBP lasted five years and was still going strong when I passed it on to a niece. Apple
`should do the decent thing. I’ve been a loyal Apple user for years but this has me
`questioning that.21
`Imrul Huda, posted on March 23, 2019 at 3:09 am
`Hi! I am graduate student who spent 1700 dollar out of 2000 savings for MBP 2016 oct
`Model. Now I am screwed. The screen is very dark. It first seems completely turned off.
`
`
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`20 https://web.archive.org/web/20190605233112/https://ifixit.org/blog/12903/flexgate/ (last
`accessed 8/18/20)
`21 Id.
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`But after looking very carefully, You can see that it is actually on. But definitely in a non-
`working condition. What can I do? Should I replace it? If it replace it, do I have to do
`that again in 02 years? Is there are a lawsuit or petition? I am thinking about using it with
`external monitor instead of replacing display.22
`Supun, posted on March 23, 2019 at 11:20 pm
`Hi!, This happened to my MBP 2017, just one week after the warranty. Went from dealer
`to dealer, tried Apple, finally paid LKR 95,000/- (USD 534) and got the whole screen
`replaced. I don’t know if this is a permanent solution since the new screen cable is bound
`to fail too, just around the year mark. It is not how, it is when your MBP get affected,
`because ultimately all MBP will end up with this issue sooner or later. So if your are
`thinking my MBP is still not affected, don’t worry it will…This is what happen when ‘Tim
`Apple’ takes over from ‘Steve Apple’ and end up with ‘Rotten Apples’. Singed the petition
`and waiting for some good news.23
`Ching, posted on January 26, 2019 at 7:30 am
`My MacBook pro with touch bar bought in 2018, and the stage light effect appeared at the
`first week while watching video! And it is still regularly appeared…after reading this
`blog, I just realized how serious it is and will send back asap! Thanks.24
`Noor Sabarullah B Sugiman, posted on January 24, 2019 at 3:48 pm
`Happened to us too!! MBP retina display 2016. At first it was a broken screen. Spend a
`fortune as apple says its our fault. After 6 months or so now we have the issue exactly
`explained here. At around 50 deg. We went to apple repair centre [sic] and the fella over
`there says oh it’s quite common. You are among 6-7 others who have this problem. Now
`we paid kidney-worthy price and i feel we kinda get black market scam after service.25
`
`
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`22 Id.
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`23 Id.
`24 Id.
`25 Id.
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`Sergey, posted on October 22, 2019
`I have the same issue with my MBP touch bar 2017. Apple denied it and suggests me to
`pay for the repairing. Its [sic] very sad. I open thread on Apple …26
`Chuck, posted on December 5, 2019
`…Our child bought a macbook pro for college. Now, barely after 2 years with this nearly
`$1500 machine, it too has a monitor cable issue. We made an appointment at the apple
`store (closest one over an hour away) and were told would be a $500 fix plus more if any
`additional problems were found. So we purchased a new macbook pro due to the urgency.
`Coincidentally the man beside us at the apple store table had the EXACT SAME
`MACBOOK MONITOR ISSUE with his college daughter’s mabook pro. “Stage lights”
`a few days or weeks then no backlight at all especially if you open it more than half way.
`Since, I am now livid! After contacting a few 3rd party apple repair shops & searching the
`internet I discover this is a KNOWN ISSUE. No mention from the Apple Store employee.
`No accountability from apple.27
`35.
`Consumers also posted comments on Apple’s website, complaining about the flex
`cable and black light screen issues. However, consumers complained that Apple was removing
`these comments:
`Joe Black, posted on March 14, 2019 at 11:20 am
`I have a feeling that Apple has a script that prevents you from posting anything that
`includes stage light, design flaw, or extended warranty. A tl;dr [sic] for that idea is that
`my Mac (2016 touchbar model) screen just died after suffering from the stagelight issue,
`so I wanted to rant on Apple support. Bad idea. It was instantly deleted.28
`
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`
`
`26 https://ifixit.org/blog/12903/flexgate/ (last accessed 8/18/20)
`
`27 Id.
`28 https://web.archive.org/web/20190605233112/https://ifixit.org/blog/12903/flexgate/ (last
`accessed 5/12/20)
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`akjaineusanuj, posted on January 22, 2019
`…Also see https://discusionss.apple.com/thread/250...about this issue as well
`In response, spearson commented on January 26 that “Looks like Apple deleted the topic
`on your issue just now.29
`sishmuemaw, posted on December 25, 2018
`…Apple frequently deleted that issue whenever you post on their discussion forum…30
`36.
` Apple was aware of the issues with the backlight screen and the defective flex
`cable, in light of the comments posted by consumers on Apple’s discussion forum and that those
`comments were deleted after they were posted. Despite these complaints, Apple did not take steps
`until in or around May 2019 to correct the defective flex cable in the MacBook Pro – and solely
`for the 13-inch 2016 MacBook Pro model.
`37.
`In addition, Apple was aware of the issues with the backlight screen and the
`defective design because the flex cable in the 2018 MacBook Pro laptops was approximately 2
`mm longer than in the 2016 or 2017 MacBook Pro models.31 Therefore, Apple was aware that the
`defective thinner and shorter flex cable resulted in the backlight screen issues in the MacBook
`Pro and redesigned the flex cable in the newer MacBook Pro model.
`38.
`Although Defendant issued a notice of a service program on or about May 21,
`2019, to consumers of 2016 MacBook Pros with backlight issues, the repair program is inadequate
`to address the complaints made by consumers. The repair program is only limited to 13-inch 2016
`MacBook Pro models. Therefore, 15-inch models and models for years other than 2016 are
`excluded from the repair program.
`
`
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`29
`https://web.archive.org/web/20190605233110/https://www.ifixit.com/Answers/View/486856/Sc
`reen+issues,+Back+light+dims+&+goes+out (last accessed 8/18/20)
`
`30 Id.
`31 https://ifixit.org/blog/13979/apples-2018-macbook-pros-attempt-to-solve-flexgate-without-
`admitting-it-exists (last accessed 8/18/20)
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`39.
`Further, the repair program is insufficient in that it fails to provide monetary
`compensation to consumers who were forced to pay out-of-pocket for repairs they made to their
`MacBook Pros at any point prior to the repair program.
`40.
`In addition, the repair program fails to account for monetary compensation to
`consumers who are forced to part with their MacBook Pros during the period when the laptops
`are submitted to Apple for the service program.
`41. Many consumers have incurred substantial expenses as a result of purchasing the
`MacBook Pros, including the cost of the laptops, the cost to repair the laptops, and the purchase
`of any external equipment used as a result of the backlight issues experienced with the MacBook
`Pros.
`Plaintiff’s Experience
`42.
`On or about December 21, 2016, Plaintiff purchased a 13-inch MacBook Pro
`laptop from Best Buy in San Jose, California for $1,376.38. 32 Plaintiff’s MacBook Pro
`automatically came with Defendant’s one-year warranty plan.
`43.
`Before purchasing the MacBook Pro laptop, Plaintiff watched Apple’s October
`2016 launch event, which announced the new MacBook Pro model. In addition, Plaintiff reviewed
`Apple’s website, which advertised the features of the MacBook Pro model. Plaintiff recalls Apple
`representing that the new MacBook Pro was the thinnest, lightest MacBook Pro ever, that it had
`the best display screen ever, and that it was a revolutionary design. Plaintiff relied on these
`representations to purchase the MacBook Pro laptop.
`44.
`In or around late 2018, between October and December, the backlight on Plaintiff’s
`MacBook Pro began failing such that the display screen depicted dark spots near the bottom of
`the screen, which interfered with the clarity of the images displayed on the screen. The failing
`backlight issue occurred on a more consistent basis within 1-2 weeks after it first started. These
`issues were an interference with the ordinary use of Plaintiff’s laptop, particularly where Plaintiff
`
`
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`32 The regular price of Plaintiff’s MacBook Pro was $1,799.99. However, Plaintiff received a
`discount on his purchase because the laptop had been previously opened.
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`used his MacBook Pro to edit photographs. The following image found online33 is representative
`of the issues that Plaintiff experienced with his display screen:
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`45.
`Shortly thereafter, in or around December 2018 or January 2019, the display screen
`on Plaintiff’s laptop failed completely where the screen turned black despite the laptop being
`turned on. The display screen turned black when the monitor was open at an angle greater than
`approximately 30 degrees. Therefore, Plaintiff was unable to utilize his MacBook Pro when the
`monitor was open at a normal angle.
`46.
`In or around January 2019, Plaintiff took his MacBook Pro to the Apple Oakridge
`store in San Jose, California and consulted with one of the Genius Bar representatives regarding
`the display screen issue. Apple told Plaintiff that he would need to ship his MacBook Pro to an
`
`
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`33 https://www.theverge.com/2019/3/5/18251264/macbook-pro-2018-flexgate-fix-display-cable-
`2mm-longer (last accessed 8/18/20)
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`offsite repair center to replace the display screen. Because the MacBook Pro was no longer under
`Apple’s one-year warranty plan, Defendant quoted Plaintiff $475.00 for the repair.
`47.
`Plaintiff was unable to afford the repair cost and did not submit his MacBook Pro
`to Apple for repair at that time.