Apple recently agreed to pay up to $500 million to settle a class action lawsuit that accused the company of slowing down older iPhone models without properly disclosing the practice to customers. The settlement aims to compensate iPhone owners who were affected by Apple’s performance management features that throttled CPU speeds on older devices. Here is a look at who is eligible for a payout in the Apple settlement.
What iPhones are covered by the settlement?
The Apple settlement covers certain iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7Plus, and SE devices that ran iOS 10.2.1 or later operating systems. Specifically, the devices covered include:
- iPhone 6
- iPhone 6 Plus
- iPhone 6s
- iPhone 6s Plus
- iPhone SE
- iPhone 7
- iPhone 7 Plus
Only iPhone models that were running iOS 10.2.1 or later are eligible. So if you had one of the covered iPhone models but did not update to iOS 10.2.1, you are unfortunately not eligible for the settlement.
When did the throttling occur?
For the iPhones covered by the settlement, Apple introduced performance management features starting with iOS updates in January 2017. The throttling continued until Apple introduced an update in iOS 11.3 that allowed users to disable the performance management feature.
So specifically, iPhones covered by the settlement that exhibited throttling behavior were running iOS 10.2.1 (released January 2017) through iOS 11.2.6 (released February 2018). Any eligible iPhone running one of those software versions during that time period is covered.
Who owns the devices?
The settlement covers the original owner, current owner, or previous owner of an eligible iPhone that operated during the time period when Apple throttled performance. So you are eligible for the settlement if:
- You are the original owner who bought and used an eligible iPhone model during the time period when throttling occurred.
- You are the current owner of an eligible iPhone model that experienced throttling, even if you were not the original owner.
- You previously owned an eligible iPhone model that experienced throttling during your ownership, but no longer own the device.
Basically, no matter when or how you obtained an eligible iPhone model, if it was throttled during your time owning and using it, you are entitled to settlement compensation.
What locations are covered?
The Apple settlement covers iPhone owners located in the United States. So you must have lived in the U.S. and owned/used an eligible iPhone device during the time period when Apple throttled performance.
How much compensation will I receive?
Apple has agreed to pay out a minimum of $25 per eligible iPhone, but that amount could increase depending on how many claims are submitted. The maximum payout is $500 per iPhone if the total value of approved claims exceeds $310 million. If the total claims are less than $310 million, payments of more than $25 per phone may be distributed.
Most iPhone owners will likely receive between $25-$500 per eligible device. The final compensation amounts will be calculated after the claims period ends and the total number of approved claims is tallied.
How can I file a claim?
To file a claim for the Apple settlement, you need to submit a claim form online or through mail by October 6, 2023. Here are the steps to file your claim:
- Go to the Settlement Website at www.smartphoneperformancesettlement.com.
- Click on “File a Claim” and fill out the online claim form with your contact information.
- Confirm the iPhone models you owned/used during the relevant time period.
- Provide the serial number for each iPhone (if possible).
- Select your preferred payment method – Zelle, PayPal, virtual prepaid card, or check.
- Click submit to file your claim. Make sure to do so before October 6, 2023.
Alternatively, you can download a paper claim form from the Settlement Website and submit via mail. Claims submitted online are strongly encouraged.
What is the deadline to file a claim?
To be eligible for compensation, you must submit a claim by October 6, 2023. If you miss the deadline, you forfeit your right to receive any money from the Apple settlement.
So make sure to get your claim filed for your eligible iPhone models before the deadline in October 2023.
When will I get my payment?
Payments from the settlement will likely not go out until early 2024. First, all claims need to be processed and validated after the October 2023 deadline. Then the final compensation amounts per phone can be calculated. Finally, payments can be distributed to claimants.
Expect it to take a few months after the claims deadline before you receive your payment. The Settlement Website will be updated with the final timeline once everything is reviewed and calculated.
What if I no longer have my iPhone?
You can still file a valid claim even if you no longer have possession of your eligible iPhone. However, you will need to provide the iPhone’s serial number on the claim form in order to confirm eligibility. Finding the serial number is important for making sure your claim is processed.
If you don’t know the serial number, you can try finding it by looking at old backups, account information, repair records, or product receipts. The Settlement Administrator can also try to look up serial numbers from purchase records provided sufficient information is supplied. Having the serial number readily available makes filing your claim much easier.
Do I need proof of ownership?
Proof of ownership documentation for your eligible iPhone model is not required to file a basic claim. However, the Settlement Administrator may request verification of ownership during claim processing and audits.
Keeping any records, like receipts, warranties, or repair invoices, related to your eligible iPhone model is recommended. Having documentation that shows proof you owned or used an eligible device during the settlement class period will help support your claim if audited.
What if I have more than one eligible iPhone?
You can submit claims for as many eligible iPhones as you owned or used during the relevant time period. Each valid iPhone claim will receive a minimum payout of $25, but could receive up to $500 per device depending on various factors.
Just make sure you provide all required details – iPhone model, OS version, usage timeframe, and serial number if possible – for every device you are claiming on the settlement form. Including more iPhones on your claim does not impact compensation for your other devices.
I’m still unsure if I’m eligible?
Determining your eligibility can be confusing. Here is a quick checklist:
- You owned/used an iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, or 7 Plus
- The device was running iOS 10.2.1 through iOS 11.2.6
- Your device exhibited slower performance after an iOS update
- You lived in the U.S. during the timeframe of reduced performance
If you meet all of those conditions, you should be eligible for the Apple settlement compensation. When in doubt, go ahead and submit a claim form before the deadline. The Settlement Administrator will verify your eligibility.
What if my claim gets denied?
If for some reason your claim gets denied, you will have an opportunity to cure any deficiencies identified or contest the determination. Notifications will be sent regarding any claim rejections and the process to resolve improper denials.
Stay on top of any notifications you may receive regarding your claim status. Processing errors do sometimes happen, so having the chance to fix any issues is important.
Can I opt out of the settlement?
Yes, class members have the right to opt out of the settlement. If you choose to opt out, you will not receive any compensation from the settlement but retain the right to file your own lawsuit against Apple related to the performance throttling.
The deadline to opt out is October 6, 2023. You can mail a signed letter requesting exclusion or fill out the opt-out form available on the Settlement Website. If you do nothing, you will remain part of the settlement class by default.
Who are the attorneys representing the class?
The Plaintiffs are represented by the following court-appointed attorneys:
- Steve W. Berman, Hagens Berman Sobol Shapiro LLP
- Robert F. Lopez, Ahdoot & Wolfson PC
- Benjamin Johns, Chimicles Schwartz Kriner & Donaldson-Smith LLP
You can contact Class Counsel at:
The attorneys have been working on this case since 2017 and helped secure the settlement on behalf of all class members. You will not be personally charged by these lawyers.
Can I object to the settlement?
Yes, you can object to the settlement if you disagree with any of its terms. The deadline for submitting objections is October 6, 2023. You can mail an objection letter stating why you think the Court should reject the settlement. Be sure to include your name, address, telephone number, signature, and the reasons for your objection.
Mailed objection letters should be sent to the Class Action Clerk at the following address:
Class Action Clerk
United States District Court for the Northern District of California
Phillip Burton Federal Building & U.S. Courthouse
450 Golden Gate Avenue, San Francisco, CA 94102
The Court will consider all properly submitted objections and decide whether to approve the settlement at a Fairness Hearing currently scheduled for November 17, 2023.
When is the Final Approval Hearing?
The Court has scheduled a Final Approval Hearing on November 17, 2023 at 10:00 a.m. to determine whether to grant final approval of the settlement. The hearing will take place at the United States District Court for the Northern District of California in San Francisco.
Class members who do not opt out can ask to speak at the hearing, but are not required to attend. If you want to be heard orally at the hearing, you must indicate your intent in your mailed objection letter.
What if I do nothing?
If you do not file a claim, object, or opt out before the October 6, 2023 deadline, you will remain part of the Class but give up your right to receive compensation or file your own lawsuit against Apple related to the performance throttling issue.
The only way to receive a payment is to submit a valid claim form by the deadline. So make sure you file your claim for the best chance at receiving your piece of the settlement.
Where can I learn more?
For additional information and frequent updates, please visit the official Settlement Website at:
www.smartphoneperformancesettlement.com
The website has more details on eligibility, how to file a claim, important documents, dates and deadlines, and answers to common questions about the Apple settlement.
You can also call the Settlement Administrator at 1-844-xxx-xxxx or email [email protected] with any questions not answered on the website.
This historic settlement holds Apple accountable for failing to disclose to consumers that iOS updates were slowing down performance on older iPhones. Make sure you file your claim so your voice is heard and to receive the maximum compensation you are entitled to for being affected by Apple’s actions.