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The California Supreme Court recently agreed to hear an appeal in
Pulliam v. HNL Automotive Inc., a case with significant implications for the amount of money a plaintiff can recover when proceeding against a dealer/seller under the FTC Holder Rule.
Officially titled the “Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses,” the Holder Rule requires sellers that arrange for or offer credit to finance the purchase of consumer goods or services to include a specified “holder notice” in the credit contract. The notice must state that any holder of the contract is subject to all claims and defenses the consumer could assert against the seller of the financed goods or services, with the consumer’s recovery limited to the amount paid by the consumer under the contract.
A class-action lawsuit against Apple is going to trial in August.
It s over claims that Apple s use of refurbished parts and remanufactured devices is a breach of contract.
It could see Apple customers get a payout if the suit is successful.
Apple is facing a trial over a class-action lawsuit that claims that using refurbished and remanufactured parts and devices to repair products like the iPhone is a breach of contract.
As noted by MacRumors, the case will call for trial in August. From the lawsuit s webpage:
The terms and conditions for AppleCare Protection Plan and AppleCare+ provide that when a customer seeks service for a covered iPhone or iPad due to a hardware defect or accidental damage, Apple Inc. will either repair the device or replace it with a device that is either new or equivalent to new in performance and reliability.