Apple iPhone 4S iOS 9 update $20M class action settlement

Update:

• This class action settlement is paying out $48.52 as of Feb. 5, 2023.

• Congratulations to everyone who filed a claim and got paid!

Apple has agreed to a $20 million settlement resolving claims its iOS 9 update on the iPhone 4S substantially slowed down the phones.

The class is made up of anyone who downloaded iOS 9, or any version thereof, onto their iPhone 4S, lived in New York or New Jersey at the time they first downloaded any version of iOS 9, and whose iPhone 4S experienced a significant decline in performance as a result. Consumers must meet all three criteria to be considered class members.

An owner is someone who owned, purchased, leased or otherwise received an eligible device for personal, work or any other purposes. 

Plaintiffs in a class action lawsuit claim they upgraded their iPhone 4S devices’ operating system to iOS 9, initially released in September 2015, based on Apple’s allegedly false representations about it. They claim they were then plagued by diminished device performance. 

Tech giant Apple denies any wrongdoing but has agreed to the iPhone 4S iOS 9 update settlement to avoid the risks and costs associated with litigation.

Under the terms of the settlement, Apple will provide a cash payment to class members who submit a declaration that they meet the class definition.

The final payment amount will depend on the number of valid claims and other factors, such as the court’s award of attorneys’ fees and expenses.

The payment will be about $15 per eligible device. However, that payment could be adjusted up or down on a pro rata basis, depending on the number of claims filed. The maximum possible per-device amount that could be paid is $150.

If multiple class members submit claims related to the same eligible device, the payment amount for that device will be divided equally among those submitting approved claims.

Unused money remaining in the fund will not revert to Apple.

The deadline to opt out of or object to the iPhone 4S iOS 9 update settlement is Aug. 29, 2022.

A final hearing in the settlement will take place Sept. 22, 2022.

The deadline to submit a claim is Aug. 29, 2022.

Who’s Eligible

The class is made up of anyone who downloaded iOS 9, or any version thereof, onto their iPhone 4S, lived in New York or New Jersey at the time they first downloaded any version of iOS 9, and whose iPhone 4S experienced a significant decline in performance as a result. Consumers must meet all three criteria to be considered class members.

Potential Award

Up to $150

Proof of Purchase

No proof of purchase necessary 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/29/2022

Case Name

Lerman v. Apple Inc., No. 15-cv-07381 (SJ) (LB), in the U.S. District Court for the Eastern District of New York

Final Hearing

09/22/2022

Settlement Website

OperatingSystemUpdateSettlement.com

Claims Administrator

Lerman v. Apple Inc.
c/o JND Legal Administration
P.O. Box 91446
Seattle, WA 98111
info@OperatingSystemUpdateSettlement.com
855-540-0949

Class Counsel

Jeremy A Lieberman
Michael Grunfeld
POMERANTZ LLP

Peter Bronstein
Eitan Kimelman
BRONSTEIN GEWIRTZ & GROSSMAN LLC

Defense Counsel

Raj N Shah
Keara M Gordon
DLA PIPER LLP