Hearing a company call a product “scratch-resistant” isn’t new by any means, but it’s apparently got Apple in a bit of hot water.
As was first reported by iPhone in Canada, 21-year-old Dean Lubacki has filed a small claims court application against Apple with the Ontario Superior Court of Justice. In the filing, Lubacki claims that Apple’s “brilliantly scratch-resistant” marketing for the Apple Watch is simply not true, because his Apple Watch got scratched.
According to Lubacki, he tried to return the Apple Watch, but that didn’t work out. And Lubacki sent a letter to Apple detailing his issues, but when he didn’t hear back he went ahead and filed the lawsuit against the company. Here is what he said, in part, in that letter:
“The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw,” Lubacki wrote in a letter to both Apple’s Canadian operation and to Tim Cook. “[The] same 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.”
Apple, for its part, actually offered to give Lubacki a new Apple Watch and even a free accessory after he filed the application, but he declined that offer. Lubacki is actually seeking compensatory damages for “mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back”. Lubacki is also looking to get punitive damages because he says Apple should not be able to “get away” with lying in its marketing for the smartwatch, saying that the device won’t scratch in its effort to sell the device.
This seem silly! But hey, lawsuits against Apple are pretty common. Sure, the marketing for the Apple Watch doesn’t actually call the smartwatch scratch-proof, but apparently even if something is “resistant”, that should mean it can never get scratched. In the grand scheme of things, this is a minor lawsuit, especially compared to the class action suit against Apple that alleges every single Apple Watch series model is defective.