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$14.4M B.C. iPhone class-action lawsuit settlement approved

Class members can expect to receive between $17.50 and $150 each

The British Columbia Supreme Court has approved a countrywide multimillion-dollar settlement of a class-action lawsuit against Apple over software updates that allegedly slowed down older iPhones.

B次元官网网址淲eB次元官网网址檙e pleased with the results,B次元官网网址 said K.S. Garcha, a lawyer for the class. B次元官网网址淚t was a complex matter.B次元官网网址

Garcha said in an interview that the judge in the case approved the settlement at a hearing Tuesday.

Class members who make claims on 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 settlement money, he said.

The agreement covers eligible residents of Canada except those in Quebec, which Garcha said is about nine million people.

The settlement process took a couple of years, with Apple agreeing to a B次元官网网址渃ompromiseB次元官网网址 without admitting any wrongdoing, Garcha said.

Going to trial rather than settling couldB次元官网网址檝e taken B次元官网网址渁 long period of time,B次元官网网址 he said.

B次元官网网址淭he court may not approve some of the claims that youB次元官网网址檙e making, thereB次元官网网址檚 an issue with regards to how the damages were quantified, there are potential appeals, he said.

The company B次元官网网址渧igorously defended the thing up until the settlement negotiations,B次元官网网址 Garcha added.

He said the class-action lawsuit involved novel legal theories about the company putting software on devices without the ownersB次元官网网址 consent.

People who owned iPhone models covered by the settlement have six months to make a claim, and the online process requires a personB次元官网网址檚 name, address and iPhone serial number.

People also have to declare under oath that they downloaded or installed certain software updates on a variety of iPhone 6 and 7 models before Dec. 21, 2017.

They would have also had to have B次元官网网址渆xperienced diminished performance on that device after the relevant iOS version was installed or downloaded.B次元官网网址

The settlement agreement with Apple will see the company pay out between $11,137,500 and $14,427,500 depending on how many claims are made and approved.

The claims website for the B次元官网网址淐anadian iPhone Power Management Class Action,B次元官网网址 says Quebec residents are excluded from the settlement because thereB次元官网网址檚 a separate, ongoing case before the courts in that province.

The B.C. lawsuit was originally filed in 2018, and Apple settled a similar case in the United States involving so-called throttling of iPhone 6 and 7 models, and Garcha said American class members ended up with US$92 payouts.

At a hearing in Vancouver in late January, AppleB次元官网网址檚 lawyer Jill Yates told the court the company has never admitted wrongdoing.

B次元官网网址淎pple, throughout, has taken a position that it has done nothing wrong here,B次元官网网址 she said. B次元官网网址淭hese claims are novel and they are not ones where Apple agrees that anything was wrongfully done.B次元官网网址

The company did not immediately respond to an emailed request for comment about the settlement approval.

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