Slowing down iPhone | An agreement worth 14 million, Quebec excluded

(Vancouver) British Columbia’s Supreme Court has approved a multimillion-dollar nationwide settlement in a class-action lawsuit against Apple over software updates that allegedly slowed down older iPhones.

“We are satisfied with the results,” said KS Garcha, a class action lawyer. It was a complex matter. »

Me Garcha said in an interview that the judge in the case approved the settlement during a hearing that took place Tuesday.

Class members making claims under the $14.4 million settlement can expect to receive between $17.50 and $150 each, depending on how many people submit a claim for the $14.4 million settlement. regulations, he said.

This agreement covers eligible residents of Canada, with the exception of those in Quebec, who, according to Me Garcha, represent approximately nine million people.

Settlement process

The settlement process took a few years, with Apple agreeing to a “compromise” without admitting any wrongdoing, Ms.e Garcha.

Starting a trial rather than reaching a deal could have taken a long period of time, he said.

“The court may not approve some of the claims you make, there is an issue with how the damages were quantified, there are potential appeals,” he detailed.

The company vigorously defended the case until settlement negotiations, the attorney added.

He said the class action involved new legal theories that the company installed software on devices without owners’ consent.

People who have owned iPhone models covered by the settlement have six months to file a claim. The online process requires the person’s name, address and iPhone serial number.

Applicants must also swear that they downloaded or installed certain software updates on various iPhone 6 and 7 models before December 21, 2017.

They must also have experienced “decreased performance on this device after installing or downloading the corresponding iOS version.”

The settlement agreement with Apple will see the company pay out between $11,137,500 and $14,427,500 depending on the number of claims filed and approved.

Quebec excluded

The claims website for the “Canadian iPhone Power Management Class Action” states that Quebec residents are excluded from the settlement because there is a separate case pending in the courts of that province.

The Quebec collective action claims that Apple violated the Quebec Consumer Protection Act, calling into question, among other things, practices of planned obsolescence relating to the batteries of certain devices, “AppleCare” as well as slowdowns of some iPhones following updates.

The BC appeal was originally filed in 2018 and Apple settled a similar case in the United States involving the so-called limitation of the iPhone 6 and 7 models.e Garcha said the American members of the group ended up with payments of US$92 (about CAN$125).

At a hearing in Vancouver in late January, Apple lawyer Jill Yates told the court that the company had never admitted wrongdoing.

“Apple, from the beginning, has always maintained that it did nothing wrong here,” she argued. These claims are new and Apple does not acknowledge that anything was done unlawfully. »

In December 2017, the American technology giant admitted to having knowingly used certain updates to its operating system to slow down the operation of the iPhone 6 and 7.

Apple did not immediately respond to an emailed request for comment on the settlement approval.


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