Judge tosses lawsuit over 'Error 53' triggered by Touch ID repairs

By Roger Fingas

Jun 21, 2016

A U.S. District Court judge in California has tossed one of two lawsuits against Apple over "Error 53" glitches, triggered when an iOS device's Touch ID technology is altered by an unofficial technician.

U.S. District Judge Vince Chhabria ruled on Monday that the plaintiffs in the case had no standing, according to Fortune. Claims regarding "lost data" weren't separate from claims over defective iPhones, the judge said, and Apple had already dealt with problems through software fixes and repair reimbursements.

Chhabria also rejected claims of false advertising, arguing that the plaintiffs hadn't produced evidence Apple knew about Error 53 while marketing iPhones.

"The mere fact that a company has designed a product doesn't mean it automatically knows about all of that product's potential design flaws," Chhabria commented in his written ruling.

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The plaintiffs could potentially relaunch the case if they amend their complaint to demonstrate harm. In fact the judge pointed to one plaintiff who said he lost data by restoring to factory settings, noting that the original complaint didn't identify this is as a legal loss.

A separate Error 53 case is still ongoing in Seattle. Until Apple pushed out an iOS update, people affected by the issue would find their devices "bricked" in an attempt to deter the use of fraudulent Touch ID sensors.

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