A website has been created for Apple customers who may benefit from a $6.6 million class action settlement which will end consumer allegations that installing the iOS 7 software update on iPhone 4S phones resulted in network problems.
While the website is live, it is not accepting claims yet. Top Class Actions will provide claim filing instructions as soon as they become available.
Meanwhile, viewers will receive an email notice when this article is updated with more information by using a free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Thomas Butler claimed in his class action lawsuit that Apple failed to warn iPhone 4S owners that installing the iOS 7 update would disable their device’s Wi-Fi and Bluetooth capabilities. Butler alleged that he and others were forced to purchase newer versions of the smartphone as a result of the update.
Apple tried to dodge the class action lawsuit in 2015, but a federal judge rejected Apple’s motion to dismiss and allowed the Apple iOS 7 update class action lawsuit to proceed.
Several other attempts to dismiss were also denied, and Apple offered a $6.6 million class action settlement deal to end the litigation.
Superior Court Judge Brian C. Walsh tentatively approved the proposed settlement that will cover approximately 118,000 Class Members.
Class Members include those who, before Aug. 31, 2012, purchased an iPhone 4S and who complained about the update or were forced to pay for a replacement phone. Those who make a timely claim in the Apple iOS 7 update class action settlement will be eligible to receive a payment of $23 or up to $199 if they were forced to purchase a replacement phone.
Judge Walsh noted in his approval concern that there was not a higher participation rate of Class Members. He noted that over half of the proposed settlement Class had not received notice of the agreement due to incorrect addresses.
“While the court was expecting a higher participation rate, it is satisfied that the parties have done all they can to ensure class members are able to participate in the settlement,” noted the judge in his order.
A little more than 14,000 Class Members have claimed that they purchased replacement phones, according to settlement agreement documents, while approximately 98,500 say they complained about the iOS 7 software update issue to Apple.
According to the Apple iOS update class action lawsuit, when the tech giant released the iOS update, the company refused to replace phone that were negatively affected by the change because they were no longer under warranty. By contrast, Apple had replaced phones whose capabilities were affected by a previous update.
In addition to the motions to dismiss the Apple iOS update class action lawsuit, the original lead plaintiff did not purchase his iPhone 4S within the proposed Class period. As a result, another plaintiff, Fernanda Rocha Hawkins, had to be added as a class representative.
Will you benefit from this pending class action settlement? Let us know in the comment section below.
The lead plaintiff and proposed Class are represented by Eric A. Grover and Jeffrey F. Keller of Keller Grover LLP, Mark S. Reich and Avital O. Malina of Robbins Geller Rudman & Dowd LLP and Scot D. Bernstein.
The Apple iOS 7 Update Class Action Lawsuit is Thomas J. Butler, et al. v. Apple Inc. et al., Case No. 2014-1-CV262989, in the Superior Court of the State of California, County of Santa Clara.
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