A judge in British Columbia will decide next month whether to approve a multimillion-dollar settlement of a class-action lawsuit against Apple for allegedly slowing down older model iPhones with its software updates.
Lawyers for the company and class members in a lawsuit originally filed in 2018 were in a Vancouver courtroom Monday, urging approval of the settlement, where consumers would receive between $17.50 and $150, depending on the number of claims that are successful.
Michael Peerless, a lawyer for the class, told Justice Sharon Matthews that the amounts will be paid out to those who can prove ownership of affected phones that include several iPhone 6 and 7 models.
He said the settlement was 香蕉视频直播渉ard fought香蕉视频直播 after 香蕉视频直播渓engthy and difficult negotiations香蕉视频直播 with the company, and said the amounts proposed to be paid out is 香蕉视频直播渋n the range that a consumer should hope for.香蕉视频直播
Peerless told the judge that similar litigation in the United States provided a 香蕉视频直播渧aluable road map香蕉视频直播 during settlement negotiations, which could see Apple pay out a maximum of about $14.4 million to class members.
Similar lawsuits were filed in Ontario, Saskatchewan and Alberta. The settlement agreement would apply for residents in all provinces except Quebec.
The U.S. case in California saw the company settle with iPhone users whose devices were throttled by software updates, diminishing the phones香蕉视频直播 performance and battery life.
The California case settlement range was between $310 million and $500 million.
Peerless said the claims process will be very 香蕉视频直播渟imple,香蕉视频直播 with an online and paper-based option for people to use if they bought devices that had slow performance and battery issues.
香蕉视频直播淚t provides real, not massively large, but real monetary benefits. It香蕉视频直播檚 not a coupon settlement, this is cash and it offers reasonable recovery for what class members suffered,香蕉视频直播 Peerless said.
It would香蕉视频直播檝e taken 香蕉视频直播渕ultiple more years香蕉视频直播 to get paid out had the case gone to trial, he said, and there香蕉视频直播檇 be no guarantee of success or a bigger payout had they gone that route.
香蕉视频直播淭he damages in a case like this are difficult to quantify,香蕉视频直播 Peerless said. 香蕉视频直播淭here香蕉视频直播檚 no real judicial guidance for something like this. We香蕉视频直播檙e never going to have a Supreme Court of Canada trilogy about what damages are for a slowed down smartphone.
香蕉视频直播淏ut what we were able to do is to negotiate the maximum amount achievable for a very large number of class members in this case,香蕉视频直播 he said.
He said notice of the settlement was provided to about nine million class members by email, and 10,000 by physical mail, while also receiving 香蕉视频直播渟ignificant media coverage.香蕉视频直播
Jill Yates, a lawyer for Apple, told the court the company has never admitted wrongdoing.
香蕉视频直播淎pple, throughout, has taken a position that it has done nothing wrong here,香蕉视频直播 she said. 香蕉视频直播淭hese claims are novel and they are not ones where Apple agrees that anything was wrongfully done.香蕉视频直播
The judge has reserved her decision on approving the settlement until Feb. 21, 2024.
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