Key Evidence:

• • Microscopic analysis of AirPods Pro Gen 1 shows no significant component differences between units made before and after October 2020, when Apple claims to have fixed the issue.
  • Multiple plaintiff-tested units manufactured post-Oct. 2020 still exhibited the Audio Defect and failed Apple’s own diagnostic tests.
  • Major redesigns to the processor, speakers and microphones in AirPods Pro Gen 2 suggest Apple knew these elements contributed to Gen 1 sound issues.
  • A faster H2 processor chip and reconfigured speaker in Gen 2 appear aimed at remedying noise cancellation problems caused by Gen 1’s slower processing.

Real World Impact:

• • AirPods Pro owners report annoying crackling, static and popping sounds that interfere with audio quality and overall use.
  • The noise disruption may start intermittently but often worsens over time to the point where one or both AirPods become unusable.
  • ANC and Transparency modes engage the defect more aggressively but it can surface even in normal listening mode.
  • Users say replacement AirPods provided by Apple under warranty exhibit the same issues, sometimes as soon as unboxing.
  • Many feel swindled having paid a premium price for high-end buds only to have them fail and be unfixable.

FAQ:

• • Do all AirPods Pro Gen 1 have the alleged Audio Defect? Yes, the plaintiffs argue the defect is inherent to all 1st gen units as a design flaw, regardless of manufacture date.
  • Did Apple’s 2020 Service Program fix the issue? No – while Apple acknowledged “sound issues” in some units made before Oct. 2020, testing shows it persists in later builds too.
  • Can you repair AirPods Pro Gen 1 to resolve the crackling & static? Not permanently – the suit asserts it’s an unfixable defect requiring a full redesign, not just part swaps.
  • Why does the Audio Defect seem worse in ANC mode? Active Noise Cancellation engages the flawed processor and microphone system more, exposing the defect.
  • Do AirPods Pro Gen 2 also have these sound issues? Allegedly not, as Apple appears to have redesigned key components like the processor and speakers to address the root problem.

Supporting Evidence:

• • User complaints posted on Apple’s own discussion boards and various tech sites confirm the Audio Defect surfaced immediately after launch in late Oct. 2019.
  • Apple’s internal troubleshooting guide instructing service providers to unpair, reset and clean customers’ AirPods to resolve sound issues proves its early knowledge.
  • Despite admitting the defect in 2020, Apple didn’t stop selling or advertising the AirPods Pro Gen 1 as having superior audio until discontinuing them entirely in 2022.
  • Statements on Apple’s site, commercials and other marketing continued to tout the AirPods Pro’s “pure, highly detailed sound” and Noise Cancellation up to 2022.
  • Tests show certain component updates like swapping microphone models in some later AirPods Pro builds, revealing Apple’s initial attempts at resolving the issue.

Why It Matters:

• • If Apple knew about the Audio Defect impacting ALL AirPods Pro Gen 1 as alleged but failed to disclose it, that’s a major breach of consumer trust.
  • Continuing to market & sell a product at premium prices knowing it contains a defect could amount to false advertising and unjust enrichment.
  • Replacing defective units with equally defective ones under warranty fails to honor Apple’s promises to consumers.
  • Apple had a duty to promptly disclose the full scope of the defect to all AirPods Pro buyers and offer appropriate remedies or refunds.
  • Evidence Apple couldn’t resolve the Audio Defect without a full redesign suggests it’s more than a minor issue impacting a “small percentage” of units as originally claimed.

FAQ:

• • How long after launch did consumers notify Apple of the issue? Within mere weeks – the AirPods Pro released in late Oct. 2019 and users reported problems that November.
    
  • Why didn’t Apple notify all AirPods Pro owners about the defect? Great question – the suit argues Apple downplayed the issue as impacting only a small number of units.
  • Does Apple admit the Audio Defect exists in all AirPods Pro Gen 1 or just some? No – Apple’s Service Program only acknowledged sound issues in units made before Oct. 2020, but plaintiffs argue the flaw is inherent to all Gen 1s.
    
  • If Apple knew about the defect, why keep selling Gen 1s? The continued sales & marketing of AirPods Pro Gen 1 without disclosing the defect is a key issue in the case.
    
  • What does the AirPods Pro redesign suggest about the Gen 1 defect? Plaintiffs argue the major hardware updates to the Gen 2, especially the processor & speakers, show the Gen 1 issues couldn’t be resolved without a full refresh.

Elements of Key Claims:

• • Fraud by Concealment
    • 1) Apple knew of or was reckless in not knowing of the defect
    • 2) Apple concealed the defect or failed to disclose it
    • 3) The defect was material, i.e. it would impact a reasonable consumer’s purchasing decision
    • 4) Plaintiffs relied on the lack of disclosure when buying
    • 5) Plaintiffs were harmed as a result
  • Breach of Express Warranty
    • 1) Apple made affirmations of fact or promises about AirPods Pro quality/features
    • 2) Those affirmations formed the basis of the bargain
    • 3) The defect caused AirPods Pro to fail to conform to Apple’s affirmations
    • 4) Plaintiffs were damaged as a result of the nonconformity
  • Breach of Implied Warranty
    • 1) Apple sold AirPods Pro that were not merchantable at sale
    • 2) Plaintiffs bought the AirPods Pro from Apple or its agents
    • 3) The AirPods Pro were defective when sold, making them unfit for use as headphones
    • 4) Plaintiffs were harmed by the defect

Remedies Sought:

• • Monetary damages to compensate AirPods Pro buyers for overpayment, repair/replacement costs & reduced device value
  • Restitution & disgorgement of Apple’s profits from the alleged misconduct
  • Injunctive relief requiring Apple to repair/replace all defective AirPods Pro and reform its warranty practices
  • Punitive damages to dissuade similar conduct in the future
  • Attorneys’ fees and litigation costs

FAQ:

• • What’s the basis of the fraud claim against Apple? Plaintiffs say Apple knew about but concealed an Audio Defect that would be material to buyers, inducing purchases based on a lack of disclosure.
  • How did Apple allegedly breach express warranties? By selling AirPods Pro that failed to conform to its affirmations about sound quality & noise cancelling due to the defect.
    
  • What implied warranty does the defect allegedly violate? The implied warranty of merchantability, which requires goods be fit for their ordinary purpose – here, use as functional headphones.
  • Why are there claims under laws of all 50 states? The suit seeks to represent a nationwide class of AirPods Pro buyers, so it asserts violations of each state’s relevant consumer protection laws.
  • What does the “unjust enrichment” claim argue? That Apple unfairly profited at buyers’ expense by knowingly selling AirPods Pro worth less than the premium price charged due to the undisclosed defect.

Key Concepts:

• • The Alleged Defect: All AirPods Pro Gen 1 contain an Audio Defect causing crackling, static & distortion that can’t be fixed without a total redesign.
  • Knowledge & Concealment: Apple knew about but downplayed the defect for years while still marketing & selling AirPods Pro at full price.
  • False Advertising: Lawsuit says Apple touting AirPods Pro sound quality despite known defect is deceptive & unlawful.
  • Warranty Violations: Plaintiffs argue inherent Audio Defect breaches Apple’s express & implied warranties.
  • Unjust Enrichment: Suit claims Apple unfairly profited from sales of defective AirPods Pro worth less than premium prices paid.

Putting It All Together:

• • The class action lawsuit against Apple argues that the company sold defective AirPods Pro Gen 1 to unsuspecting buyers at premium prices while concealing a known Audio Defect.
  • Plaintiffs allege Apple continued to falsely hype the earbuds’ high-quality sound even as consumer complaints of crackling, static & dropped audio piled up within weeks of launch.
  • The suit says swapping out parts like mics didn’t fix the defect & that the AirPods Pro 2’s total redesign shows the problem is inherent to the Gen 1 model.
  • If Apple knew but hid an unfixable defect while profiting from full-price sales, plaintiffs argue that’s a clear violation of consumer protection, false ad & warranty laws.
  • The lawsuit aims to compensate AirPods Pro buyers for their losses, force changes to Apple’s sales/warranty practices & make the company pay for its alleged deception.