Top Class Actions  |  November 9, 2020

Category: Closed Class Actions

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apple iphone 4s

UPDATE: The Apple FaceTime Class Action Settlement was granted final approval on March 31, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.


IPhone owners may be able to receive $3 class action rebates in a settlement agreement with Apple over allegations it intentionally broke FaceTime to force users to upgrade and save the company money.

Those who can benefit from the $18 million FaceTime settlement include consumers who owned an Apple iPhone 4 or 4s on April 16, 2014, that was using an iOS6 or earlier operating system and had not been “jailbroken.”

Apple was hit with a class action lawsuit over allegations that the company manipulated the FaceTime app, causing it to fail for consumers who were running an old operating system on their iPhones. FaceTime is a video calling service available for iPhone users.

The plaintiff said the move forced iPhone owners to upgrade their operating systems to iOS 7 in order to get the iPhone feature to work.

The motive behind the manipulation was to save Apple money, the class action lawsuit alleged. The plaintiff contended Apple faced millions in monthly charges to a third-party data servicer that ran the relay used to handle FaceTime data.

In addition, the company allegedly faced legal action from an app developer that accused Apple of copyright infringement regarding FaceTime.

In response to claims of copyright infringement, Apple reportedly developed a new version of FaceTime.

The new version required iPhone users to change operating systems; however, not all users had made the move, the class action lawsuit claimed. In the meantime, the company was allegedly paying multimillion-dollar bills each month from the owner of the server handing FaceTime calls.

The class action lawsuit contended Apple engineers devised a scheme that would effectively disable FaceTime on iPhones still running the old operating system. In order to use FaceTime, users would be forced into the new operating system and potentially even a new phone, the complaint alleged, because the new operating system was not compatible with many older models of the iPhone.

The plaintiff accused Apple of deceiving and coercing iPhone users into upgrading without explaining its true motives.

For its part, Apple denies any wrongdoing. The company has, however, agreed to pay $18 million as a part of the FaceTime settlement to end the allegations.

Under the terms of the class action settlement, those who owned an iPhone 4 or 4s on April 16, 2014, will be automatically entered as a Class Member and will be sent class action rebates.

In order to be eligible, the iPhone must not have been “jailbroken.” According to the settlement website, having an iPhone that was not “jailbroken” means the programming of the device was not modified in order to run unauthorized applications or otherwise changed.

According to settlement documents, Apple says it should be able to reach 90% of iPhone users affected by the alleged FaceTime modification via email or by using their physical mailing address.

The final class action rebates amount will depend on the total number of Class Members who take part in the settlement. The total number of iPhones affected by the alleged modification is 3.6 million. If all users are awarded a rebate, settlement documents estimate that each award would amount to approximately $3.

Class Members will receive notice via email or mail; however, those who do not receive notice will need to submit an Application for Inclusion by Dec. 9, 2020.

Class Members who wish to object to or opt out of the FaceTime settlement must do so by Dec. 9, 2020. The final hearing is scheduled for Feb. 8, 2021.

Who’s Eligible

Consumers who owned an Apple iPhone 4 or 4s on April 16, 2014, that was using an iOS6 or earlier operating system and had not been “jailbroken.”

“Jailbroken” refers to any changes made to the programming of the device that would allow it to run unauthorized applications or programs.

Potential Award

Estimated to be $3. 

Class action rebates will depend on the total number of Class Members that take part in the settlement.

Proof of Purchase

None. Class Members will be automatically entered into the settlement.

Class Members who do not receive a Settlement Notice will need to submit an Application for Inclusion by Dec. 9, 2020. The Application requires the iPhone Serial Number that can be found on the device, on the packaging or on an invoice.

Claim Form Deadline

12/09/2020

Case Name

Grace, et al. v. Apple Inc., Case No. 5:17-cv-00551, in the U.S. District Court for the Northern District of California

Final Hearing

02/08/2021

Settlement Website
Claims Administrator

Grace v. Apple Settlement Administrator
c/o Epiq
P.O. Box 2299
Portland, OR 97208-2299
1-866-977-0759

Class Counsel

Jill M. Manning
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP

Daniel L. Warshaw
PEARSON SIMON & WARSHAW LLP

David F.E. Tejtel
FRIEDMAN OSTER & TEJTEL PLLC

John Austin Curry
CALWELL CASSADY & CURRY

Defense Counsel

Joshua H. Lerner
GIBSON, DUNN & CRUTCHER LLP

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57 thoughts onApple FaceTime Class Action Settlement

  1. minkeun Kim says:

    how can I get this money? If I want to transfer this money in South Korea, it will take more than 3$ to transfer ㅠㅠ

  2. Jason S. says:

    Is there any update on this settlement?

  3. C S says:

    Wow! A whole $3!!! I’m so excited! Any ideas as to what I can buy with $3? I live in Hawaii.

  4. Cathy Washington says:

    Please add me Because I was violated with my phones

  5. Teri Kimmons-Struck says:

    Please add me.

  6. Diana Sawires says:

    Add me please

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