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CANADIAN IPHONE POWER MANAGEMENT CLASS ACTION


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CANADIAN IPHONE POWER MANAGEMENT CLASS ACTION

If you 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, you may be eligible for a payment from
this class action.

The deadline to submit a claim is September 2, 2024.


WHAT IS THIS CLASS ACTION ABOUT?

In 2018, proposed class proceedings were commenced against the defendants Apple
Inc. and Apple Canada Inc. (together, “Apple”):

 i.   in the British Columbia Supreme Court styled as Crema v. Apple Inc. and
      Apple Canada Inc. (S-188008) and Strohmaier v. Apple Inc. and Apple Canada
      Inc. (S-186592);

 ii.  in the Ontario Superior Court of Justice styled as Gaudio v. Apple Inc.
      and Apple Canada Inc. (479/18CL), Collins Swartz v. Apple Inc. and Apple
      Canada Inc. (CV-18-591399), and Saleh v. Apple Inc. and Apple Canada Inc.
      (CV-18-592677-00CP);

 iii. in the Saskatchewan Court of King’s Bench styled as Blythman v. Apple Inc.
      and Apple Canada Inc. (QB6 302 OT 2018); and

 iv.  in the Alberta Court of King’s Bench styled as Hibanaura v. Apple Inc. and
      Apple Canada Inc. (1803 02688)
      
      (the "Proceedings").

The Proceedings relate to allegations of (i) performance mitigation features of
iOS operating software versions 10.2.1, 10.3, 11 and/or 11.2 for iPhones; (ii)
defects causing the iPhones to prematurely age, degrade and shut down
unexpectedly; (iii) defects in the performance of the iPhone batteries; and (iv)
misrepresentations or intentional concealment concerning the foregoing.

Apple has agreed to pay between $11,137,500 CAD and $14,427,500 CAD (the
“Settlement Funds”) in consideration of the full and final settlement of the
claims of Class Members, including but not limited to the Class Action and the
Proceedings (the “Settlement”). In return for the payment of the Settlement
Funds, the Settlement provides that the claims of all Class Members asserted or
which could have been asserted in the Class Action will be fully and finally
released and the Class Action will be dismissed.

The Settlement is not an admission of liability, wrongdoing, or fault on the
part of Apple, which denies the allegations against it.

The Settlement has been approved by the court on March 4, 2024.

As the Settlement has been approved, Apple will provide a cash payment to each
Class Member who submits an Approved Claim. 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.


SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS

Opt Out of the Class Action

If you wanted to preserve your right to sue Apple on your own over the claims
advanced in the Class Action, you were required to opt out of the Class Action
by submitting a fully completed Opt-Out Form to the Claims Administrator by
January 10, 2024, at the latest.

If you opted out, you are not entitled to any money or other benefits from the
Class Action, and you will not be represented by Class Counsel.

Click here for more information.

Object to the Settlement or Class Counsel Fees

If you wanted to object to the proposed Settlement with Apple or the payment of
Class Counsel Fees, you needed to express your objection in writing and send it
to Class Counsel at the address provided here.

Your objection should have been received by 5 PM local time on January 10, 2024,
at the latest.

If you opted out of the Class action, you would not object to the Settlement or
Class Counsel Fees.

Submit a claim

If you want to participate in the class action and benefit from this Settlement,
you will need to submit a valid claim by no later than September 2, 2024.

Important

A Settlement has been reached with Apple Canada Inc. and Apple Inc. (together
“Apple”) and was approved by the British Columbia Supreme Court on March 4,
2024.


SETTLEMENT APPROVAL DATE

The Settlement has been approved by the court on March 4, 2024.

As the Settlement has been approved by the court, all Class Members are bound by
its terms unless they have opted out by the Opt-Out Deadline, which was January
10, 2024. You do not have to do anything to be included in the Class Action. Now
that settlement funds are available for distribution to the Class Members, you
can submit a claim form. You are legally bound by all orders and judgments of
the court, and you will not be able to sue Apple about claims that were (or
could have been) asserted in the Class Action or the Proceedings.


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ADDRESS

Epiq Class Action Services Canada Inc.
Attention: iPhone Power Management Class Action
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: Info@smartphoneperformancesettlement.ca
Fax: 1-866-262-0816

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