Apple iPhone Consumer Attorneys Seek $8.75 Million in Audio Suit

Attorneys for consumers who alleged that a defect in iPhone 7 and 7 Plus phones caused poor sound quality have asked for $8.75 million in fees and costs after the parties’ settlement agreement won preliminary approval.

Class counsel said they’ve spent nearly 8,000 hours over five years on the “hotly contested” litigation over the alleged defect, according to their motion filed Monday in the US District Court for the Northern District of California. Litigation expenses amount to approximately $175,000 and attorneys’ fees should be approximately $8.57 million, the attorneys say. The attorneys are also asking the court to approve a $3,000 class representative service award for six plaintiffs.

Consumers alleged an audio defect in the phones provided poor sound and interfered with their ability to make phone calls or use features like Siri.

The parties agreed to settle the claims for $35 million, and Judge Jon S. Tigar granted preliminary approval of the deal in November 2023.

The deal will cover individuals who owned an iPhone 7 or 7 Plus between September 2016 and January 2023 who had contacted Apple Inc. to fix the issue. Class members who paid out-of-pocket expenses related to the alleged defect will be eligible to receive between $50 and $349. Class members who complained about the alleged defect but didn’t have out-of-pocket expenses are eligible for up to $125.

Customers whose phones didn’t have an issue aren’t eligible for settlement relief.

“Delivering this relief has been a labor intensive and risky undertaking,” the plaintiffs’ attorneys said. “Reviewing and analyzing all of Apple’s produced records (which totaled over 230,000 pages), the majority of which were highly technical, was arduous and time intensive.”

The attorneys are asking for the fees to be paid from the settlement fund and say the fees meet the Ninth Circuit’s accepted 20-30% range. Additionally, only 22 class members have opted out of the settlement and no objections have been received, which the attorneys say shows that the fees request is reasonable.

The consumers are represented by Tycko & Zavareei LLP and Milberg Coleman Bryson Phillips Grossman PLLC. Apple is represented by Morrison & Foerster LLP.

The case is Tabak v. Apple Inc., N.D. Cal., No. 4:19-cv-02455, 4/29/24.