While the settlement was announced back in May, Apple customers are just now receiving email notifications about the upcoming cash payout from the class action settlement regarding Apple denying warranty covered for an iOS device because of supposed liquid damage.
You May Be Entitled to a Cash Payment from a Class Action Settlement Fund
if Apple Denied Warranty Coverage for Your iPhone or iPod touch
Because Apple Stated Your Device Had Been Damaged by Liquid
The United States District Court, Northern District of California, authorized this notice.
The Court will have a hearing to consider whether to approve the settlement, so that benefits may be paid.
This is not a solicitation from an attorney.
This settlement affects you if Apple denied warranty coverage because Apple stated that your iPhone or iPod touch had been damaged by liquid. The settlement will create a $53 million fund that will be used to pay eligible Settlement Class Members and to pay incentive awards to the Class Representatives and attorneys’ fees and costs to Class Counsel, as approved by the Court (the “Settlement Fund”). If you qualify, you may send in a claim form to ask for payment, or you can exclude yourself from the settlement, or object.
If you don’t want a payment and don’t want to be legally bound by the settlement, you must exclude yourself by December 4, 2013. If you stay in the class, you may object to the settlement by December 4, 2013. Please see the Detailed Notice described below for more information about excluding yourself or objecting.
The remainder of this email message contains a summary of important information about the terms of the settlement and about your legal rights. Please read it carefully.
You may visit http://www.AppleWarrantySettlement.com or call 1-855-282-8115 to obtain additional important information, including a Detailed Notice that describes the settlement more fully and provides instructions on how to exclude yourself or object.
Summary of the Class Action Settlement and Your Legal Rights
What’s This About?
The lawsuit claimed that Apple wrongfully denied warranty coverage by stating that iPhones and iPod touches had been damaged by liquid because a Liquid Contact Indicator (“LCI”) (also known as a Liquid Submersion Indicator), which is visible through the headphone jack or through the dock connector port, had turned pink or red. Apple denies all allegations and is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing by Apple.
The Settlement Class is composed of people who meet the following criteria: (1) U.S. residents who are or were the owners of an iPhone or iPod touch; (2) which was submitted to Apple for warranty coverage on or before December 31, 2009, for an iPhone, or on or before June 30, 2010, for an iPod touch; (3) while that iPhone or iPod touch was covered by Apple’s one-year limited warranty coverage or, if applicable, the AppleCare Protection Plan; and (4) Apple denied warranty coverage because Apple stated that the iPhone or iPod touch had been damaged by liquid.
What Can You Get from the Settlement?
Apple has agreed to create a $53 million Settlement Fund. The fund will be used to pay eligible Settlement Class Members, and also to pay incentive awards to the Class Representatives of up to $1,000 each and attorneys’ fees and costs to Class Counsel, not to exceed 30% ($15.9 million) of the $53 million Settlement Fund, for their services as approved by the Court. Apple has reserved the right to object to the amount of attorneys’ fees, costs and incentive awards. Any undistributed funds will be disbursed to one or more non-profit entities approved by the Court. Apple has also agreed to separately pay for the cost of notice and settlement administration.
The amount you receive from the settlement will depend on a number of factors, including the type of device you owned and the number of Class Members eligible to receive payment from the Settlement Fund.
Your share of the Settlement Fund will be determined by the type (i.e., iPhone, iPhone 3G, iPhone 3GS, iPod touch) and configuration (i.e., 4, 8, 16, 32, or 64 gigabytes) of the device for which you sought warranty coverage from Apple. The amounts are listed in the chart below. The amounts represent the average amounts paid to Apple for replacement of each device type and configuration. The exact amount of the share you receive may be higher or lower than the amounts listed below, depending on the total number of Settlement Class Members eligible for a payment and the type and configuration of their devices. No eligible Settlement Class Member will receive more than 200% of the amount listed below for their device type and configuration.
There will be only one cash payment per device (as identified by its unique serial number).
How Do You Get a Payment?
If you qualify, you must submit a claim form to the settlement administrator on or before October 21, 2013 to receive a payment from the Settlement Fund. You may obtain a claim form by clicking HERE or by visiting http://www.AppleWarrantySettlement.com/Landing.aspx.
After your claim form is received, it will be reviewed by the settlement administrator. If your claim is deemed valid, a check from the Settlement Fund will be mailed to you if the Court approves the settlement and the time to appeal has passed. We do not know when that will be. Please be patient.
If your mailing address changes after you submit your claim but before you receive your check, you must notify the settlement administrator within 45 days after the change. Please update your address by clicking HERE or by visiting http://www.AppleWarrantySettlement.com. A Detailed Notice contains further information about the settlement. Just call the number or visit the website below to get one.
What Are Your Options?
If you wish to receive a payment, you must submit a valid claim by October 21, 2013.
If you don’t want a payment and don’t want to be legally bound by the settlement, you must exclude yourself by December 4, 2013, or you won’t be able to sue, or continue to sue, Apple about the legal claims in this case. If you exclude yourself, you can’t get a payment from this settlement. To exclude yourself, mail a letter stating that you want to be excluded to the following address: In re Apple iPhone/iPod Warranty Litigation Exclusions at Apple Warranty Settlement Administrator, P.O. Box 43184, Providence, RI 02940-3184. You must include your name, address, telephone number, signature, the type of device for which you were denied warranty coverage (i.e., iPhone or iPod touch), and the approximate date when and the Apple store location where you were denied coverage.
If you stay in the class, you may object to the settlement by December 4, 2013. To object, mail a letter addressed to In re Apple iPhone/iPod Warranty Litigation, Case No. 10-01610, and send to both of the addresses below. You must include your name, address, telephone number, signature, the type of device for which you were denied warranty coverage (i.e., iPhone or iPod touch), the approximate date when and the Apple store location where you were denied coverage, the serial number of the device (or the Apple ID for the iTunes account you used with the device), and the reasons you object to the settlement.
Clerk of the Court
United States District Court for the
Northern District of California,
San Francisco Division
450 Golden Gate Avenue
San Francisco, CA 94102
Apple Warranty Settlement Administrator
P.O. Box 43184
Providence, RI 02940-3184
The Court will hold a hearing in this case (In re Apple iPhone/iPod Warranty Litigation, Case No. 10-01610 (N.D. Cal.)) on January 29, 2014, 1:30 p.m. to consider whether to approve the settlement and whether to approve the incentive awards and attorneys’ fees and costs sought. The fairness hearing and other dates may change by order of the Court without further notice. Any changes will be posted to the Settlement Website. You may ask to speak at the hearing, but you don’t have to. For more information, including a Detailed Notice, go to http://www.AppleWarrantySettlement.com, call 1-855-282-8115, or write to Apple Warranty Settlement Administrator, P.O. Box 43184, Providence, RI 02940-3184.