Whiny Watch wearer sues Apple for scratched finish, ‘mental stress’

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brilliantly scratch-resistant
A magnet inside the watch attracts the metal band, which scratches the watch, according a court filing.
Photo: iPhone in Canada

A Toronto man is suing Apple in small-claims court over scratches on his Apple Watch Series 3, which Apple markets as being “brilliantly scratch-resistant.”

Following the court filing, Apple allegedly offered to replace the watch and throw in a free accessory, but aggrieved watch wearer Dean Lubaki, 21, declined.

Lubaki bought the watch with a white ceramic finish last September, along with Apple Care and the 42mm Milanese Loop watch band. Lubaki claims the source of the scratches is the metal band when it comes into contact with the finish of the watch.

According to the filing with the Ontario Superior Court of Justice, published Thursday by iPhone in Canada, Lubaki said a magnet on the back of the watch attracts the band and brings it into contact with the finish.

Before filing his small claims application, Lubaki detailed his complaint to Apple in a letter in April:

The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw. Same(sic) abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch.

On the Apple website, bold letters claim Apple Watch Edition is “Brilliantly scratch-resistant.” It also says, “Sleek, light, and extremely durable, ceramic is more than four times as hard as stainless steel — with a refined finish that won’t scratch or tarnish.”

Apple’s customer relations team contacted Lubaki about a replacement but he refused. According iPhone in Canada, he is seeking compensatory damages for “mental stress, and expense that occurred because of the case in addition to the time of my life wasted that I will never get back.”

Lubaki, according to the report, returned to the Apple Store to request a new watch but was turned down because Apple Care does not cover cosmetic damages, store employees allegedly told him.

Apple has until June 26 to file a response with the court, the report said.

Source: AppleWorld.Today and iPhone in Canada