A Toronto, Ontario man is levying a lawsuit at Apple for scratches that he made himself on his Apple Watch.
Dean Lubaki, 21, filed a small-claims court application with the Ontario Superior Court of Justice, blog iPhone in Canada reported.
Lubaki is alleging that Apple’s marketing of the Edition Watch, which states that the device is “brilliantly scratch-resistant,” is false advertising. Lubaki contends that Apple’s marketing claim is false because, as the suit reads, his Apple Watch “did scratch and tarnish.”
The Apple Watch in question is a 42mm Apple Watch Series 3 + Cellular, specifically an Edition model with a white ceramic finish. Lubaki purchased the device in September 2017, according to iPhone In Canada.
Along with the wearable, Lubaki picked up a 42mm Milanese Loop band and an AppleCare+ extended warranty to go with his new purchase.
But the way that Lubaki puts it, the Milanese band might be the source of the problem. The Ontario Watch owner alleges that the magnetic back of the Apple wearable attracts the loop, which can result in damage.
In a letter to Apple, Lubaki called that a “design flaw.” He continued, saying that scratches can happen when the Milanese Loop band is removed. “Again, nowhere Apple says that the loop may damage the watch,” Lubaki wrote.
Lubaki’s Course of Action
Before filing the lawsuit, Lubaki says he went back to the Apple Store where he purchased the Watch to request a replacement.
He was reportedly denied when Apple staff told him that cosmetic damages aren’t covered under his warranty. Lubaki disagreed, stating that the ceramic case was advertised as scratch and tarnish-resistant. A manager told him a similar story.
After sending a letter to Apple and getting no response, Lubaki took the Cupertino tech giant to small-claims court.
In the suit, Lubaki is seeking a refund for the cost of the Apple Watch and the AppleCare+ extended warranty.
He is also seeking punitive and compensatory damages. In the latter category, he contends that it’s 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,” among other claims.
Lubaki added that he was dealing with the Apple Watch issue during finals at school, which “put an additional strain” on him.
For the punitive damages, Lubaki says that Apple “should not get away” with falsely advertising their products — “claiming that a product ‘won’t scratch’” — and for “lying to customers to their face and in store.”
iPhone in Canada reports that Lubaki was later contacted by an Apple customer relations team member, who offered a replacement for his Apple Watch Edition, as well as a free accessory.
Lubaki declined the offer to continue with his small-claims lawsuit.
It’s worth noting that “scratch-resistant” does not mean “scratch-proof.” Even “scratch-resistant” materials are not designed to withstand direct contact with metal. In other words: Yes, metal will scratch your Apple Watch or iPhone.
Read Next: Soon Your iPhone Could Completely Replace Your Car Keys