apple iphone 5

Apple has agreed to pay $20 million to California consumers to resolve class action claims that their iPhone 4, 4S, and 5 smartphones were equipped with defective power buttons.

The settlement will benefit California residents who purchased iPhone 4 smartphones between June 24, 2010 and Oct. 10, 2011 or iPhone 4S smartphones between Oct. 11, 2011 and Sept. 20, 2012 whose power button stopped working or worked intermittently within the year after purchasing.

Also included in the settlement are California citizens who purchased an iPhone 5 before April 1, 2013 who had power button struggles within three years of purchasing.

Consumers are not included in the settlement if they had their iPhone repaired or replaced by Apple for free due to a defective power button.

Plaintiffs Anthony Shamrell and Daryl Rysdyk filed their fourth amended complaint in January 2015, claiming that Apple sold iPhone 4, 4S, and 5 smartphones with defective power buttons.



According to the iPhone class action, the power buttons on certain iPhones stop working completely or work only upon occasion. This allegedly causes consumers difficulty when trying to use their phones.

The court certified the two Classes in January 2019 following appeals and other litigation. Following this certification, Apple reportedly entered into settlement negotiations with the plaintiffs. Eventually, the company agreed to pay $20 million to resolve the claims against them.

The settlement will entitle consumers to up to $24 per claimed device. Claims will reportedly be validated based on Apple’s records of consumers who reported an issue with their power button but did not have it repaired or replaced by the company.

In order to benefit from the settlement, Class Members need to file a valid Claim Form by March 23, 2020. The deadline for exclusion is Jan. 4, 2020. The deadline for objection is Dec. 31, 2019. The final approval hearing for the settlement is scheduled for March 20, 2020.

Who’s Eligible

iPhone 4 and 4S Class: California citizens who purchased one or more iPhone 4 smartphones between June 24, 2010 and Oct. 10, 2011 or one or more iPhone 4S smartphones between Oct. 11, 2011 and Sept. 20, 2012 whose power button stopped working or worked intermittently within the year after purchasing.



iPhone 5 Class: California citizens who purchased an iPhone 5 before April 1, 2013 whose power button stopped working or worked intermittently within three years of purchasing.

Consumers are not included in the settlement if they had their iPhone repaired or replaced by Apple for free due to a defective power button.

Potential Award

Up to $24 per device.

Proof of Purchase

N/A

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

3/23/2020

Case Name

Shamrell, et al. v. Apple Inc., Case No. 37-2013-00055830-CU-PL-CTL, in the Superior Court of the State of California, San Diego County

Final Hearing

3/20/2020

Settlement Website
Claims Administrator

Shamrell et al. v. Apple Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 43409
Providence, RI 02940-3409
admin@PowerButtonClassAction.com
1-855-336-4060

Class Counsel

Deborah Dixon
GOMEZ TRIAL ATTORNEYS

Defense Counsel

Matthew D. Powers
O’MELVENY & MYERS LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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7 Comments

  • Carlos Trevino December 2, 2019

    Add my name to your list.

    I purchase two iPhone with this problem.

  • Marta Albers November 27, 2019

    Marta is a California resident .

    (Name also above)

  • Marta Albers November 27, 2019

    For the 4 purchased in May, 2012…button issues.

  • Felicia Reddick November 26, 2019

    Add me in

  • Barbara Emmons November 26, 2019

    Add me in please

  • JK C. November 20, 2019

    How is this only available for California residence? I’m located in Washington and experienced the same issue with my prior 4s iPhone.

  • Michael R November 20, 2019

    Ill add you!

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