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AirPods Max Condensation Lawsuit

PRACTICE AREAS: Defective Products
PRODUCT: AirPods Max
COURT: Superior Court of the State of California, County of San Francisco

Berger Montague has filed a class action lawsuit against Apple, Inc. on behalf of California consumers who purchased AirPods Max headphones designed, promoted, distributed, warranted, and sold by Apple. The case is Keeley, et al. v. Apple, Inc.

About the case

The lawsuit alleges that a latent and material defect causes condensation to accumulate inside the AirPods Max’s ear cups, often after only a few hours of normal use.

In addition to affecting the overall experience and value of the AirPods Max, the defect also causes some consumers to experience performance problems such as:

  • Degraded or no sound in one or both of the ear cups
  • Failure to detect the user’s ear
  • Failure of the active noise cancellation function
  • Battery charging issues

AirPods Max reviews

Numerous AirPods Max purchasers have complained about the condensation issue and associated performance problems. Below are some examples of consumer complaints from online consumer forums and Twitter:

“So, uhh…my AirPods Max form condensation after extended use. They’ve never been used in any humid environment. The water gets inside the drivers and has caused ear detection problems. I’ve been wearing them inside sitting at a desk mainly, nothing crazy. Super concerning issue.”

“Had exactly the same issue, with a light walk (40mn) and then again while watching a movie (1h30). Decided to return them after seeing that the water was also getting inside the driver and that the ring was getting red…too worrisome for me.”

“I’m having the exact same issue. I’m in Bradenton Florida, I work inside a dr office and had my AirPods Max on for 2.5 hours. I just happen to remove the earmuffs while cleaning them and noticed all this condensation inside and the driver as well. And it’s weird because I’m not moving around at all. Really freaked me out.”

Despite these complaints by AirPods Max owners, Apple has not publicly acknowledged the defect or attempted to fix it. Instead, when AirPods Max owners request – within the one-year warranty period – that Apple remedy and address the defect and resultant damage at no expense, Apple refuses to do so.

As a result of Apple’s unfair and fraudulent business practices, AirPods Max purchasers have suffered an ascertainable loss of money. Class members purchased AirPods Max that they would not have otherwise purchased, had they known of the defect’s existence.

If you have experienced condensation in your AirPods Max’s ear cups and are interested in learning more about Berger Montague’s class action, please fill out the form on this page.

Do I have to pay to consult with an attorney?

No. We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and we will receive our fees from the amount paid by the defendant in the case.

About Berger Montague

Berger Montague is a full-spectrum class action and complex civil litigation firm. We have been recognized by courts throughout the country for our ability and experience in handling major complex litigation.

The lawyers who comprise our Defective Products Practice Group put their class action experience to work to hold manufacturers accountable for products that are faulty or dangerous.

Lead Attorneys

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Shanon J. Carson

Executive Shareholder
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Amey J. Park


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