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A $500 million settlement has been reached between Apple and customers to resolve a multidistrict litigation claiming that the tech giant intentionally released iPhone updates that would slow older phone models and eventually require the users to buy new phones.
Of the $500 million, attorneys for the customers have requested as much as $93 million in fees and $1.5 million in expenses.
Class Members will receive $25 each for their phones if the payments total $310 million. If the total payments made do not add up to $310 million, the settlement terms dictate that Class Members will receive up to $500 each until the total reaches $310 million. Apple has agreed to pay no more than $500 million to compensate Class Members and attorneys.
Class Members who may be eligible for compensation include all current or former U.S. owners of the iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, and SE smart phones, whose devices ran 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.
Now, the company and customers await preliminary approval for their settlement, the hearing for which is set for April 3, 2020. The settlement was reached with the help of retired Judge Layn R. Phillips of the U.S. District Court for the Western District of Oklahoma.
Representatives for the iPhone owners spoke favorably of the settlement, calling the settlement “fair, reasonable, and adequate” to Class Members and arguing that it presents “substantial benefits.”
The iPhone MDL consolidated multiple class action lawsuits across the country. In these Apple iPhone class action lawsuits, customers claimed that the company intentionally created iPhone updates that would slow down older models of the phone and intentionally released them close to the release of a new iPhone model.
Allegedly, these updates could slow the functions of the older iPhones so much that customers could no longer use the phones. According to the iPhone class action lawsuits, many customers were effectively forced into purchasing a new phone because their older iPhone no longer worked.
The customers argued that Apple was unjustly enriched by this practice and claimed that the practice harmed consumers financially. The class action lawsuits were later combined into a multidistrict litigation. This iPhone MDL survived a dismissal bid by Apple, despite having some claims trimmed by a judge in the process.
Do iPhone updates slow down your phone? Tell us about your experience in the comments below.
Class Members are represented by Mark Molumphy and Joseph W. Cotchett of Cotchett Pitre & McCarthy LLP, and David A. Straite and Laurence D. King of Kaplan Fox & Kilsheimer LLP.
The Apple iPhone Slow Down MDL is In re: Apple Inc. Device Performance Litigation, Case No. 5:18-md-02827, in the U.S. District Court for the Northern District of California.
UPDATE: July 2020, the Apple iPhone performance class action settlement is now open. Click here to file a claim.
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1,212 thoughts oniPhone Throttling MDL Ends With $500M Settlement
I was duped more than once
I have had every iphone since the 3g and each and every model acts the same!
Please add me to the claim I have an iPhone 6s and have these issues
Please add me to claim having same issues on iPhone 5 iPhone 8 iPhone 10 xmax
Please add me my iphone7 did slow down
Please add me
Absolutely horrible experiences i’ve had because of Apple’s iPhone 6 OS & battery slowdown fiasco – hours upon hours of time and aggravation with this.
Below is one of my last letter/communication with an Apple rep ‘supposedly’ at Apples CEO Tim Cook’s office who could give a damn about my humiliating multiple experiences trying to get my iPhone 6 battery and slowdown issue corrected:
———
(April 2018 – over a year and a half of iPhone issues)
… Hi Valerie,
This has been such a disheartening months long processes, and is so demoralizing, that this past weekend, I was close to tears. I had to sit down, collect myself, and breath through it. Its such a horrible process to go through, just to get a battery replaced after a year of following Apples process reporting the really poor battery life, and the performance throttling happening with my original UNLOCKED iPhone 6 Plus.
I made two separate trips to the Albuquerque store to have it’s battery replaced, but they would not replace the battery!
The worse part of this horrible Battery return/repair/replacement process, is that it restarts over and over again each time a support rep “takes ownership” of it. I’ve probably spoken with about a dozen escalated support reps, and yet it always takes 2-3 days to get someone to follow up with me as they promised they would – from the beginning most do not – you and Jennifer have not!!
Its a headache for me to constantly call days later to check for progress! It’s CRAZY that I have to explain over and over and over again this mess (dozens of times!), to every rep or manager I’m transferred / escalated to – I feel like I’m consistently being interrogated! They seem to have so much incorrect and contradictory information, that I feel like I’m being singled out, and treated as someone who’s trying to “game” Apple!
Seriously ??!? For paying $29 for a battery replacement for my three year old iPhone????
Seriously???
Support has been mostly kind and helpful, but I’m left feeling humiliated, defensive, and reactive. No one can, or is willing to fix this train-wreck of a support fiasco! It should’ve been a dead-simple battery replacement! But it’s become such a nightmare, and an incredibly horrific circular experience! I’m beat, I’m spent, I’m done.
And the kicker is that the Albuquerque Apple store has already called asking me to return their loaner!
If I returned it now, as you’re suggesting, I’ll be left without a working phone! With my work schedule, I just can’t make another trip to the city again-it’s up to an hour and 15 minutes drive each way(!). And the last two times I went to the store, I’ve spent a combined 7 hours (!!!!) on this problem.
I don’t know what else to do, I’ve already spent dozens of hours going through your process, and I still do not have a working phone – all this wasted time and energy for something that should’ve been just a simply battery replacement!
Again, at this point, I’m done. What level of support or leadership do you recommend I contact to have this resolved immediately?
….
Add me please I got two iPhone 6
I have said this for years. I’m on my 5th I phone
I have had 1 iphone 5, 2 iphone 6, 1 iphone 7 ,and 1 iphone 7plus please add me to your list