TECH NEWS – A lawsuit has been filed in the United States against the Cupertino-based tech giant Apple because some AirPods Pro have crackled and popped.

Since launching the first generation of AirPods Pro in 2019, Apple has faced ongoing problems due to complaints about persistent crackling and static noise. Last November, these complaints led to a lawsuit, but it appears that Apple has won a partial victory by significantly limiting the scope of the lawsuit. The lawsuit, officially named Lindsey LaBella et al. v. Apple Inc., was filed in November by nine consumers from seven U.S. states in the U.S. District Court for the Northern District of California.

It alleged that AirPods Pro sold by Apple between 2019 and 2022 had a technical defect causing persistent crackling or static noise. Apple released a software update in May 2020 to address the issue and launched a repair program in October to resolve the problem permanently. The plaintiffs claim that, had Apple disclosed the defect beforehand, they would not have purchased the AirPods Pro or would have only done so at a significant discount. Apple filed a motion to dismiss the lawsuit in March 2021, but was unsuccessful.

However, Judge Noël Wise granted Apple a partial victory by dismissing the following claims: federal claims for various defects and implied and express warranty claims at the state level. Additionally, the plaintiffs’ request to compel Apple to repair, recall, and/or replace AirPods Pro, as well as extend the applicable warranties for a reasonable period, was denied. Importantly, Apple only has to defend itself against the state-level fraud by omission claim, wherein the plaintiffs allege that Apple had a duty to disclose safety issues with the AirPods Pro.

In some states, plaintiffs can amend and refile warranty claims within 21 days. Additionally, plaintiffs must prove that Apple knew about the AirPods Pro defect and intentionally concealed information about the crackling issue to proceed to the discovery phase.

Source: WCCFTech, Thomson Reuters