Apple Sued over Defective PowerBooks

The complaint has been lodged by Gomelsky on behalf of himself as well as ten-of-thousands of other complainants which purchased defective PowerBooks manufactured between January 1, 2003 to present. The suit specifically alleges that earlier generation Mac notebooks had an issue with memory upgrades. When owners tried to upgrade their memory by adding additional modules to the first or the second slot available in most PowerBooks, the system would not recognize the memory correctly or at all.

Quoting the complaint lodged by Gomelsky:

"Typically, when the additional memory is added, the PowerBook does not recognize the memory, resulting in slower processing speeds, decreased computer function and other computing problems, Unfortunately for consumers, because both memory slots are hardwired to the PowerBook’s motherboard, consumers who choose to repair the defect can incur costs of more than $500 in parts and labor."

When Apple was slammed with all the complaints over the original memory upgrade issue they (Apple) launched a Memory Slot Repair Extension Program covering 15-inch 1.67 GHz and 1.5 GHz PowerBook G4s which were manufactured between January of 2005 and April of 2005. The extension program expired on July 24, 2008.

Gomelsky’s suit alleges that the original scope of the issue goes far beyond the range of PowerBooks that Apple agreed to initially cover in the repair program. Gomelsky was one of those customers which purchased PowerBooks with the defective memory slot problem – and his serial number fell outside of the range that Apple covered within the program – leaving Gomelsky and thousands of other customers to pay for their own repairs out-of-pocket.

Attorneys handling Gomelsky’s case are seeking reimbursement of expenses for their client and other class members whom have had to pay for their own repairs on defective notebooks which should have been covered under the initial repair program. Also, another part of the claim against Apple alleges other offenses committed by Apple such as violations to the California business code, breach of warranty, negligence, and unjust enrichment.

Further, the complaint also alleges that Apple failed to give proper notice of the Extended Warranty and did not contact PowerBook G4 owners to inform them that their notebooks may be covered under the warranty program before it had expired on July 24, 2008. Since the defect can sometimes take months or even years before it manifests itself to the user, a lot of customers have just begun to notice that they have been affected and they are now stuck with paying for repairs out of pocket.

Apple was unavailable for comment.

  • Of all the audacity! Suing the coolest company in the universe???? Someone better give her some koolaid.
  • squiZZ
    Apple certified proprietary hardware not compatible or even working on their own setups. That somehow makes the top of the "Epic Fail News of The Day" list.
  • badboy4dee
    LOL, yeh your a rotten apple alright!
  • brianbed
    Technically, a warranty covers manufacturing defects such as this. They did extend the warranty of customers. So, legally they did everything they were obligated to do, even if they did not communicate the extension.

    This is not to be confused with a recall situation, where a product poses a potential safety hazard... like exploding Sony batteries (Yeah, Apple sux! HeHe!).

    I know we all HATE Apple here at Tom's, but seriously, these people had their laptop for a minimum of 3 years with a warranty to fix the issue. Personally, if I do not upgrade the memory in a "laptop" within the first two, it is never going to happen. Consumers who chose not to contact Apple with issues... well.. meet Darwin (not the Apple OS).

    Face the fact, Mr. Gomelsky is either stupid, a scammer, or both. Why should Apple make him rich?... When they could make you rich for hating Apple?
  • @brianbed

    Read the article please. There are defective laptops outside the serial number range that apple admitted. Apple also did not notify customers who purchased their laptops. Hardly anyone upgrades memory in the first few years they have their laptop. It's much more common to see a 4 year old laptop receiving more RAM than one fresh off the line. brianbed is either a fanboi, illiterate, or both.
  • Do u even know what you're talking about? get ur facts straight b4 u speak.

    Apple sells nothing but rip-offs. period.

    I find it funny everytime these apple losers whine. thats what you all get bitoochhhhhhh!
  • I have one of these 15" Powerbooks. I bought new ram and it worked for a few months, and then started crashing the computer, and eventually the slot just died. So I look up and Apple admitted it was a manufacturing fault, but the "warranty extension" (but not for my serial number) had just run out.

    So, if Apple admitted they had a problem and fixed some peoples', I'd be happy if they fixed mine too. Apple wanted to charge me $500 for a new mother-board, but I could get it fixed for $300 elsewhere. I wonder which they will pay if they lose?
  • bounty
    Sorry, but Apple is chronic when it comes to manufacturing defects. I've had 2 iBooks from them with mobo defects, both were not fixed by apple. One, because I had parted out the laptop before they admitted the problem. The second because the cheap a$$ plastic around the nic had a small crack, which obviously means user damaged the video card. Apple is worse than eMachines and people think they're superior quality... it's funny.
  • Kami3k
    lithium451Of all the audacity! Suing the coolest company in the universe???? Someone better give her some koolaid.
    Lol I hope you are joking. The only reason why Apple is still in business is because of idiots like you. Almost every thing apples makes, there is a better product that is cheaper out there.

    Also apples just recently sued a college in Canada. Now this is what? The 4th lawsuit put against apple since then? What goes around comes around Apple.
  • kamkal
    having worked tech support for these useless machines, i can say that at least 1/5 powerbook/ibook users that i dealt with had this memory problem, apple's response to this was "oh well the memory is not 'apple certified'" aka please buy the same mem from apple store for 5x the price

    some powerbooks shipped with 1gb (2x512mb) and now were reporting only 512mb, lol and apple "tier 2" morons had the same "well not apple certified" response

    and once some guy had his powerbook repaired out of warranty (it cost him like 300 bucks) for this problem, and all they did was take out the "defective" memory, even though it was the original memory that shipped with the system and sent the unit back to him along with the memory in a plastic bag

    crap hardware from a crap company