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Apple Inc. has reportedly agreed to settle individual claims with 169 iPhone users who allege their devices were wiped clean after a software update.
According to court documents filed last week in California federal court, the parties have asked U.S. District Judge Vince Chhabria to approve the proposed iPhone settlement, which would provide an undisclosed amount of compensation to the iPhone users.
If approved, the proposed Apple settlement would resolve the individual claims of the 169 affected iPhone users, but would also leave open the possibility for other consumers to pursue a class action lawsuit against Apple.
The Apple iPhone class action lawsuit was initially filed on Feb. 11, 2016 by a group of plaintiffs who claim Apple misrepresented and/or failed to disclose to iPhone users that an “Error 53” code could affect certain Apple devices if the user damaged the device and subsequently attempted to install an iOS software update on the device.
The plaintiffs claimed in the Apple class action lawsuit that their iPhones were rendered useless by Error 53, which allegedly affected iPhones with thumbprint sensors that have been damaged or replaced.
Apple subsequently released a new update to the iOS system that purportedly eliminated the Error 53 problem and announced that it would implement a reimbursement program for consumers who incurred out-of-pocket expenses to repair or replace a device that was affected by Error 53.
Apple fought vigorously against the Error 53 class action lawsuit and asked the judge to dismiss the litigation. Although the judge dismissed a portion of the iPhone class action lawsuit, Judge Chhabria allowed the case to move forward.
The parties reached an initial Error 53 class action settlement agreement on May 30, 2017, the court documents state. Apple notes that the settlement is not an admission of liability and that it agreed to the proposed deal to avoid the risk, inconvenience and cost of litigation.
In addition to the seven plaintiffs named in this Apple class action lawsuit, the proposed settlement will also offer compensation to an additional 162 individuals who were affected by the Apple software update and retained plaintiffs’ counsel. Because the specific terms of the proposed deal are confidential, the amount of compensation each affected iPhone user will receive is unknown.
Under the terms of the proposed Apple settlement, if 54 or more of the affected iPhone owners expressly elect not to receive compensation, Apple will have the option to terminate the deal.
Top Class Actions will post updates to this settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiffs are represented by Darrell L. Cochran, Jason P. Amala, Loren A. Cochran and Christopher E. Love of Pfau Cochran Vertetis Amala PLLC.
The Apple iPhone Error 53 Class Action Lawsuit is Nicholas Lusson, et al. v. Apple Inc., Case No. 3:16-cv-00705, in the U.S. District Court for the Northern District of California.
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37 thoughts onApple Reaches Settlement with ‘Bricked’ iPhone Owners
Add me to the lawsuit- lost 5 years of pictures important emails.
After a update my phone would not change and all my information and pictures was wiped out.they made me pay for a new phone.my phone was like brand new.never hardly used it.I told them that it was there fault and they said there is nothing they could do but SELL me a new phone.now as of a week ago the new phone is starting to act up.I Think this is to sell more phones.the Apple Store said the phones and battery’s only last about 2 years.and can not be replaced.why don’t they tell us that when they sold the phones?who would pay 850.00 only to have to replace it in two years.Its not right!!!PLEASE ADD ME TO THE LAWSUIT.(they laugh after I told the it was there fault.been a customer for 30yrs)
Please add me it did to three apple phones.
add me to the list.
Add to the list please!!!
Please add me it messed up 2 iPad and 2 iphones
Please me to the list.
Add me i had that problem with 4 phones
I too had problems after an update. In particular my Bluetooth would not let me call or only receive calls in the car manually. When I went to the Apple Store they said it was working correctly on their devices. I had them reset my phone to factory setting but it did not solve the problem. I was told to buy a new phone or a new car. Will there be another lawsuit covering other failed updates?
Apple’s latest 10.3.3 update has caused iphone users phones to continuously restart, run hot, and drain battery, rendering our phones useless. For more details search Apples forum for threads on iPhone 6 Unexpected Shutdown after iOS 10.3.3 update.