Apple is again making headlines, this time for an iPhone defect that has touched thousands of iPhone users and is likely to affect many more. The defect, known colloquially as “touch disease,” has been the subject of numerous complaints from consumers, experts, and Apple employees.[1] Touch disease involves a loss of functionality of the touch screen, typically in the form of frozen phone screens or screens that are unresponsive to touch, rendering the phone unusable.[2] The issue is characterized in particular by the appearance of grey bars across the top of the iPhone screen.[3]
Touch disease is apparently a consequence of “bendgate,” a structural design problem that causes the iPhone 6 and 6 Plus to bend.[4] The bending, which is caused by the iPhone 6’s thinner profile and a change to a less rigid rear case, results in the bending and twisting of the internal logic board during day-to-day use.[5] The logic board can experience slight deformation when the iPhone is pulled from a pocket, put into a tight-fitting case, or dropped.[6] Gradually, after being bent and flexed thousands of times, the Touch IC chips – two controller chips responsible for the functionality of the touch screen – begin to dislodge from the logic board.[7] This causes the “misfires” that are behind touch disease.[8] The problem is especially prevalent in the iPhone 6 Plus, because it is larger than the iPhone 6 and is thus more prone to bending.[9]
The Touch IC chips in the iPhone 6 and 6 Plus are connected to the logic board via small solder balls, the separation of which is responsible for the loss of touch screen functionality.[10] In previous iPhone models, the chips were covered with a rigid metal shield and reinforced with underfill, while in the iPhone 6 and 6 Plus, the shield was replaced by a flexible sticker shield and no underfill is used for the Touch IC chips.[11] In the newer iPhone 6s and 6s Plus, the Touch IC chips were relocated to the display assembly and away from the flexible logic board.[12]
While Apple has made changes to prevent the bending and screen functionality issues in its newer phones, as of this writing, the company has taken no action to remedy what appear to be the long-term consequences of this defect.[13] Apple Store employees report that Apple is aware of the issue, but for customers whose phones are no longer under warranty, the repair costs $329.[14]
At least one class action lawsuit has been filed in the United States on behalf of owners of the iPhone 6 and 6 Plus.[15] Others have been filed in Canada.[16] The US suit accuses Apple of violating California’s consumer fraud statutes as well as the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.[17] The plaintiffs in the suit request that Apple repair, recall, and/or replace iPhones affected by touch disease, as well as extend the warranties for all iPhone 6 and iPhone 6 Plus users for related issues.[18]
It may be in Apple’s best interest to take these steps, lawsuit or no lawsuit. As a high-end brand that thrives on its reputation for quality, Apple would likely be severely impacted by the negative publicity resulting from the revelation that an entire generation of its products is susceptible to a design defect. With the iPhone 7 hitting store shelves and the holiday season just around the corner, maintaining that reputation is of critical importance.
[1] Jason Koebler, Geniuses Say Apple Knows About iPhone 6 ‘Touch Disease’, Won’t Admit It Publicly, Motherboard (Sept. 27, 2016, 10:30 AM), http://motherboard.vice.com/read/apple-employees-company-is-hiding-iphone-6-plus-touch-disease-truth-from-customers?utm_source=mbfbads&utm_campaign=interest.
[2] Julia Bluff, A Design Defect Is Breaking a Ton of iPhone 6 Pluses, iFixIt (Aug. 23, 2016), http://ifixit.org/blog/8309/iphone-6-plus-gray-flicker-touch-death/.
[3] Id.
[4] Anthony Cuthbertson, iPhone 6 Design Flaw is ‘Bendgate 2.0’, Newsweek (Aug. 25, 2016, 12:19 PM), http://www.newsweek.com/iphone-6-design-flaw-bendgate-20-493428?utm_source=internal&utm_campaign=incontent&utm_medium=related1.
[5] Bluff, supra note 2.
[6] Koebler, supra note 1.
[7] Bluff, supra note 2.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Bluff, supra note 2.
[13] Koebler, supra note 1.
[14] Id.
[15] iPhone 6 Touchscreen Defect, McCune Wright LLP, http://mccunewright.com/iphone-6-touchscreen-defect/.
[16] Sophia Harris, ‘Piece of Crap’: Apple Hit With Proposed Class Action Lawsuits Over iPhone ‘Touch Disease’, CBC News (Oct. 2, 2016), http://www.cbc.ca/news/business/apple-touch-disease-iphone-6-class-action-1.3786930.
[17] Chance Miller, Apple Hit With Class Action Lawsuit Over iPhone 6 ‘Touch Disease’ Hardware Issue, 9to5Mac (Aug. 29, 2016), https://9to5mac.com/2016/08/29/apple-iphone-touch-disease-lawsuit/.
[18] Id.