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Court urged to accept $14.4M B.C. iPhone class action settlement

Amount signifies maximum total payout to divided among those eligible after 91Ƶslowed-down91Ƶ complaint
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A lawyer for a group of Apple iPhone users whose devices allegedly slowed down after software updates says consumers will receive between $17.50 and $150 under a settlement agreement negotiated over a class-action lawsuit. A shopper compares two iPhone 15 models on the first day of sales at an Apple Store in Los Angeles, Friday, Sept. 22, 2023. THE CANADIAN PRESS/AP-Jae C. Hong

A judge in British Columbia will decide next month whether to approve a multimillion-dollar settlement of a class-action lawsuit against Apple for allegedly slowing down older model iPhones with its software updates.

Lawyers for the company and class members in a lawsuit originally filed in 2018 were in a Vancouver courtroom Monday, urging approval of the settlement, where consumers would receive between $17.50 and $150, depending on the number of claims that are successful.

Michael Peerless, a lawyer for the class, told Justice Sharon Matthews that the amounts will be paid out to those who can prove ownership of affected phones that include several iPhone 6 and 7 models.

He said the settlement was 91Ƶhard fought91Ƶ after 91Ƶlengthy and difficult negotiations91Ƶ with the company, and said the amounts proposed to be paid out is 91Ƶin the range that a consumer should hope for.91Ƶ

Peerless told the judge that similar litigation in the United States provided a 91Ƶvaluable road map91Ƶ during settlement negotiations, which could see Apple pay out a maximum of about $14.4 million to class members.

Similar lawsuits were filed in Ontario, Saskatchewan and Alberta. The settlement agreement would apply for residents in all provinces except Quebec.

The U.S. case in California saw the company settle with iPhone users whose devices were throttled by software updates, diminishing the phones91Ƶ performance and battery life.

The California case settlement range was between $310 million and $500 million.

Peerless said the claims process will be very 91Ƶsimple,91Ƶ with an online and paper-based option for people to use if they bought devices that had slow performance and battery issues.

91ƵIt provides real, not massively large, but real monetary benefits. It91Ƶs not a coupon settlement, this is cash and it offers reasonable recovery for what class members suffered,91Ƶ Peerless said.

It would91Ƶve taken 91Ƶmultiple more years91Ƶ to get paid out had the case gone to trial, he said, and there91Ƶd be no guarantee of success or a bigger payout had they gone that route.

91ƵThe damages in a case like this are difficult to quantify,91Ƶ Peerless said. 91ƵThere91Ƶs no real judicial guidance for something like this. We91Ƶre never going to have a Supreme Court of Canada trilogy about what damages are for a slowed down smartphone.

91ƵBut what we were able to do is to negotiate the maximum amount achievable for a very large number of class members in this case,91Ƶ he said.

He said notice of the settlement was provided to about nine million class members by email, and 10,000 by physical mail, while also receiving 91Ƶsignificant media coverage.91Ƶ

Jill Yates, a lawyer for Apple, told the court the company has never admitted wrongdoing.

91ƵApple, throughout, has taken a position that it has done nothing wrong here,91Ƶ she said. 91ƵThese claims are novel and they are not ones where Apple agrees that anything was wrongfully done.91Ƶ

The judge has reserved her decision on approving the settlement until Feb. 21, 2024.

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