An Apple logo hangs at a Palo Alto, Calif., Apple store on Friday, Feb. 2, 2024. THE CANADIAN PRESS/AP, Noah Berger


March 05, 2024

The British Columbia Supreme Court has greenlit a nationwide multimillion-dollar resolution of a class-action lawsuit against Apple concerning software updates allegedly causing slowdowns in older iPhones.

"We're content with the outcome," stated K.S. Garcha, an attorney representing the class. "It was a complicated issue."

Garcha explained in an interview that the settlement was endorsed by the judge during a hearing held on Tuesday.

Individuals who qualify for the $14.4-million settlement could receive between $17.50 and $150 each, contingent upon the number of claims submitted, he noted.

The settlement encompasses eligible residents across Canada, except for those in Quebec, totaling around nine million people, according to Garcha.

The settlement process spanned a couple of years, during which Apple consented to a "compromise" without admitting any wrongdoing, Garcha stated.

Opting for a trial instead of reaching a settlement could have extended the process significantly, he remarked.

"The court may not approve some of the claims that you're making; there's an issue with regards to how the damages were quantified; there are potential appeals," he mentioned.

Garcha emphasized that the company vigorously defended the case until the settlement negotiations.

The class-action lawsuit centered on innovative legal concepts about the company installing software on devices without owners' consent.

Individuals who owned iPhone models covered by the settlement have six months to file a claim, requiring their name, address, and iPhone serial number through the online process.

Additionally, individuals must swear that they downloaded or installed specific software updates on various iPhone 6 and 7 models before December 21, 2017, and experienced reduced performance on their device after the relevant iOS version was installed or downloaded.

Under the settlement agreement with Apple, the company will disburse between $11,137,500 and $14,427,500 based on the number of valid claims.

The claims website for the "Canadian iPhone Power Management Class Action" states that Quebec residents are excluded due to a separate ongoing case in that province.

The B.C. lawsuit was initially filed in 2018, and Apple settled a similar case in the United States involving throttling of iPhone 6 and 7 models, with American class members receiving US$92 payouts, as per Garcha.

During a late January hearing in Vancouver, Apple's attorney Jill Yates informed the court that the company never admitted wrongdoing.

"Apple, throughout, has taken a position that it has done nothing wrong here," she asserted. "These claims are novel and they are not ones where Apple agrees that anything was wrongfully done."

As of now, the company has not responded to an email seeking comment on the settlement approval.

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