According to the complaint, the aggrieved customers say that their AppleCare service plans should allow them to have their devices replaced with new units. The class seeks to represent customers who purchased Apple hardware with the AppleCare replacement plan and then received replacement devices from Apple when their old devices broke.

The claim centers around the plaintiffs’ own definition of “new,” alleging that the only replacements they should have received under their AppleCare replacement plans were in fact brand new hardware, not units that were factory refurbished by Apple.

“The Apple Plans purport to provide consumers with devices that are ‘equivalent to new in performance and reliability.’ What that phrase means is ‘new,’ as refurbished devices can never be the equivalent to new in performance and reliability,” the filing reads.

Source: Tight-wad Apple repair techs swapped our damaged iGear with used kit – lawsuit