THE DEADLINE TO SUBMIT A CLAIM IS SEPTEMBER 2, 2024.
A Canada – wide Settlement Agreement of class actions brought in multiple provinces on behalf of a certain category iPhone users has been approved.
The settlement agreement is found here.
The class actions relate to allegations of:
- performance mitigation features of iOS operating software versions 10.2.1, 10.3, 11 and/or 11.2 for iPhones;
- defects causing the iPhones to prematurely age, degrade and shut down unexpectedly;
- defects in the performance of the iPhone batteries; and
- misrepresentations or intentional concealment concerning the foregoing.
Who does the settlement affect?
The settlement was approved on behalf of all individuals (both corporate and natural persons) who were domiciled in Canada (excluding Quebec residents) as of June 15, 2023, who owned and/or purchased an Apple iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7 or 7 Plus smartphone device with iOS 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus, or SE) and/or iOS 11.2 or later (for iPhone 7 or 7 Plus) installed or downloaded, before December 21, 2017.
The settlement excludes (i) directors, officers, and employees of Apple or its subsidiaries and affiliated companies, as well as Apple’s legal representatives, heirs, successors, or assigns, (ii) any member of the judiciary presiding over this matter, and (iii) any other individuals whose claims already have been adjudicated to a final judgment.
What is in the settlement?
The settlement provides for a settlement fund that ranges between $11,137,500 CAD and $14,427,500 CAD in consideration of the full and final settlement of the claims of Class Members.
Compensation for an individual Class Member is determined on the basis of a submitted claim that is then approved by a Claims Administrator. This is determined by, among other things, the submission of a serial number of the iPhone in order to determine if the device had experienced the allegations and thus making the individual eligible.
Each Class Member that files an Approved Claim by the deadline will receive a payment of $17.50 for each iPhone owned, provided that there is enough money in the settlement fund for such a distribution. If there is not enough money, each claim will be reduced to share in the funds on a pro rata basis.
If payment of seventeen dollars and fifty cents ($17.50) for each iPhone identified (and other expenses such as Administrative Expenses and honorariums for the representative plaintiffs) would not reach the minimum settlement amount of $11,137,500 CAD, then the cash payments for each Approved Claim shall be increased on a pro rata basis until that minimum is reached. This shall not exceed one hundred fifty dollars ($150 per claim).
What do I have to do any by when?
To receive a cash payment, Class Members must submit a valid Claim Form for each iPhone device by no later than September 2, 2024.
The Claim Form requires each Class Member to provide, among other things, the Class Member’s name, mailing address, iPhone serial number and a declaration under oath by the Class Member stating that (i) their iPhone 6, 6 Plus, 6s, 6s Plus, or SE iPhone ran iOS version 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus, and SE) or iOS version 11.2 or later (for iPhone 7 and 7 Plus) before December 21, 2017, and (ii) they experienced diminished performance on that device after the relevant iOS version was installed or downloaded.
NOTE: If you are having issues with respect to the submitting or locating your serial number, please reach out to the Claims Administrator at info@SmartphonePerformanceSettlement.ca. An agent will be available to provide the necessary assistance to ensure your eligibility is accurately assessed.
