iPhone Error 53: Issue may result in class-action lawsuits against Apple

Apple could be subjected a number of lawsuits for intentionally bricking iPhones. For more than a year, Apple has been killing iPhones specifically, the iPhone 6 & 6 Plus upon detecting unauthorized or third party service for the repair of Touch ID via software upgrade for security reasons.

Many lawyers are finding Apple's decision as a violation of several customer laws. A U.S based law firm hopes to bring a class action suit against Apple on behalf of the victims whose $720 iPhone have been rendered worthless by an Apple software upgrade. 

A UK-based advocate also found Apple's move to be reckless, adding that this could be seen as an offence under the Criminal Damage Act 1971. The act makes it an offence to intentionally destroy the property of another. 

London based-barrister Richard Colbey said to The Guardian, that Apple's actions are breaching consumers laws in the UK. "It is hard to see how something which ceases to work in this way could be said to be of reasonable quality, one of the determinants of which is durability," he said. The law states: “A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.”

Over the weekend it was reported that many users got their iPhone disabled after upgrading to the latest iOS software, which was left displaying an Error 53 code, and nothing could be done to restore it to working order. The iOS 9 update  bricks the handset if it detects that the Touch ID or any components related are not original. Some victims had their iPhones repaired by third party service centre. In most cases the iPhone was working normally for months, before the software upgrade killed the phone. This has been happening for over a year now, and Apple recently in a statement said that it was doing so intentionally for security reasons. 

PCVA, a Seattle-based law firm called for victims to get in touch, with a view to bringing a class action suit and is offering to represent victims for free. The firm said that Apple's stance may violate various consumer protection laws in the U.S

"We believe Apple may be intentionally forcing users to use their repair services, which cost much more than most third-party repair shops. There is incentive for Apple to keep end users from finding alternative methods to fix their products," the firm wrote on its website. "Think of it this way: let's say you bought a car, and had your alternator replaced by a local mechanic. Under Apple's strategy, your car would no longer start because you didn't bring it to an official dealership. They intentionally disable your car because you tried to fix it yourself. That is wrong," it added.

Meanwhile Kyle Weins of iFixit, a gadget repair website, claims that the the Error 53 issue not only occurs with non-genuine third party parts but also with genuine parts (manufactured by Apple) as well. He added that Apple's move is an attempt to create a monopoly  for iPhone repairs by effectively blocking third party repair firms.

"Manufacturers using their monopoly to block third party repair isn't a new issue -- auto manufacturers have also tried to lock out local mechanics. It took 'Right to Repair' legislation to force the automakers to do the same thing. Hopefully Apple is savvier than they were." Weins said. "This has created such a furore that Apple is going to have to respond to this. They need to give owners the ability to re-calibrate their phones after parts have been installed. This has long been an issue with the Touch ID sensor, but Error 53 made it a lot worse." he added.

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