A proposed class settlement calling for
Apple agreed to pay at least $310 million, up to a maximum settlement of $500 million, with plaintiffs calling it “an excellent recovery,” according to Feb. 28 court filings.
Between December 2017 and June 2018, plaintiffs filed some 66 proposed class suits against Apple, alleging the company deliberately slowed the battery performance of older phones with software updates. The U.S. Judicial Panel on Multidistrict Litigation combined the suits in the U.S. District Court for the Northern District of California in April 2018.
The proposed settlement covers all former or current U.S. owners of iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, and SE devices running iOS 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus, and SE devices) or iOS 11.2 or later (for iPhone 7 and 7 Plus devices), and who ran these iOS versions before Dec. 21, 2017.
Class members will receive $25 for each iPhone owned. However, that amount could increase or decrease depending in part on the number of approved claims, the filing says. None of the money will revert to Apple.
Class counsel will seek up to 30% of the minimum settlement amount, or $93 million, for attorneys’ fees, and up to $1.5 million for expenses. Named plaintiffs will also seek service awards ranging from $1,500 to $3,500, each.
Gibson, Dunn & Crutcher LLP and Covington & Burling LLP represented Apple. Kaplan Fox & Kilsheimer LLP, Cotchett, Pitre & McCarthy LLP represented the plaintiffs.
The case is In re Apple Inc. Device Performance Litig., N.D. Cal., No. 5:18-md-02827, 2/28/20.