Oops. Looks like Apple is facing another class action lawsuit. Image: Apple
The suit revolves around a clause in the AppleCare contract that says that replacement device you receive when you break your device will be "equivalent to new in performance and reliability". The case rests on what the definition of "equivalent to new in performance and reliability", and whether refurbished devices fall into that category.
The plaintiff, Vicky Maldonado, received refurbished devices twice under two different AppleCare Plus plans. She claims that when she brought her broken fourth generation refurbished iPad to the Genius Bar, Apple replaced it with another refurbished iPad. She alleges that the replacement device was not "new or equivalent to new in performance and reliability", although court documents don't say exactly what was wrong with the iPad she received.
AppleInsider talked to someone who works at the Genius Bar who told them that when they swap out your iPhone on the spot, Apple does generally give you a device that is "refurbished, and functionally equivalent to new".
TBH, this suit sounds incredibly petty and I love it. I like getting new things better than old things too.