ByHow to Sue Apple in Small Claims Court
Apple Inc. is a multinational technology corporation that has been involved in multiple legal proceedings and claims since it was established, and some of these lawsuits have captured public and media attention. Most of the litigations against Apple or the information technology industry at large typically involve intellectual property disputes.
It is possible to sue large corporations in small claims court. However, suing these companies can be a bit complicated. These firms have sufficient resources and power, making it easy for them to fight claims in court. In order to challenge them, you must be armed with ample evidence and have the right legal guidance to win your case.
The following article covers everything you need to know about in small claims court.
Reasons to File a Lawsuit Against Apple
You can sue Apple in small claims court for a number of reasons, including:
Purposely slowing your phone
A few years ago, Apple admitted to having deliberately slowed down the performance of aging phone models. According to the company, slowing down the performance of the old phones would prevent "unexpected shutdowns."
Most consumers felt duped by this disclosure, which prompted them to file a class action lawsuit against Apple. The interference was perceived by many as a planned tactic by Apple to force people to purchase replacements for their old phones, which increased the demand for newer models.
The law requires vendors to act in good faith, and it prohibits deception or concealment of material facts. Therefore, consumers can sue Apple for knowingly inducing them to buy new phones when they do not need them. With Apple admitting that the upgrade will interfere with the performance of old phones, it could easily be found liable under consumer contract law.
Selling your location data
Mobile location data includes the data used by mobile applications to help locate the exact geographical coordinates of a mobile device. This data is derived from the associations between a smartphone and other gadgets that help in:
- Transmitting data
- Interacting with user data
- Processing location data
Location data is vital to third parties, primarily for marketing and advertising purposes. With the help of location data, sales and marketing teams can easily contact customers based on their proximity to a store or events happening near them. One of the ways that businesses acquire location data is by buying it from mobile phone service providers or manufacturers like Apple.
Apple has been linked to numerous claims of selling location data. According to research by the Guardian Firewall Team, several iOS applications have been used by data monetization firms to collect precise location data from millions of mobile devices. Apple has been sued several times over iPhone tracking. Therefore, you can make a claim against Apple if you suspect that they have been stealing your location data.
File a Lawsuit Against Apple by Yourself
Before filing a lawsuit, it is essential to try to settle the dispute outside court. For example, if you notice a defect on your iPhone, you can contact Apple or visit their nearest store and see whether they can fix the problem. However, if your efforts to resolve the dispute are not successful, you can go ahead and file a complaint.
| File a Complaint Form | Filing a complaint form is typically done at the county clerk's office in the small claims court nearest to you. Some of the details you will need to include in the document are the nature of your claim, the amount you are suing for, and the evidence you have to support your claim. |
| Serve the Complaint | After filing the complaint form, the next thing you will need to do is serve Apple, your defendant, with a copy of the complaint form to notify them of your intent to sue. |
| Waiting Period | The defendant usually has around twenty days to answer your complaint. During this time, the defendant may settle the claims to have the case dismissed. If no agreement is reached, you may decide to proceed with the trial. |
| Preliminary Hearing | Many states require a preliminary hearing to determine what happens next. The defendant may also agree to settle the claims during the pretrial hearing. |
| Argue Your Case in Court | If the case proceeds to small claims court, the judge will request you and the defendant to detail your side of the story and provide any applicable evidence. |
| Final Verdict | After both parties have presented their case, the judge will provide a ruling. If you win the case, the court will request the defendant to pay you the damages owed, as well as the costs you incurred while filing the lawsuit. |
Filing a lawsuit on your own against a large firm like Apple might not be the best approach. If possible, you may want to seek assistance from an experienced lawyer for the best results.
Dangers of Filing a Lawsuit by Yourself
There are numerous risks associated with filing a lawsuit by yourself. Some claims require lengthy legal procedures, and the court might dismiss your case if you did not follow them while filing your claim. Having the proper legal guidance on your side will help you meet all the technical requirements to establish a successful defense.
How to Sue Apple with DoNotPay
If you have claims against Apple, you can use to help you build a case against them. The world's first robot lawyer has easy access through any web browser and a user-friendly interface, making it easy to file lawsuits.
Follow these simple steps to file a lawsuit using DoNotPay:
- Log in to your DoNotPay account through your web browser.
- Click the “Sue Now” product.
- Enter the amount you are seeking for compensation.
- Request whether you’d like to serve a demand letter or file a claim in court.
- Provide a detailed description of your claim, including photographic evidence.
That's it! DoNotPay will generate a demand letter or court-filing form for you. We'll even email a copy of the demand letter to the individual or business you're suing.
What Else Can DoNotPay Help With?
DoNotPay makes the process of navigating a small claims lawsuit quick and easy. Check out these other companies that DoNotPay has helped sue: