Shamrell, et al. v. Apple Inc.

IF YOU PURCHASED A NEW iPHONE 4, 4S, OR 5 YOU COULD GET A PAYMENT FROM A CLASS ACTION SETTLEMENT.

Case No. 37-2013-00055830-CU-PL-CTL
Superior Court of California, County of San Diego 

Includes iPhone 4 purchases made from June 24, 2010 through October 10, 2011; iPhone 4S purchases made from October 11, 2011 through September 20, 2012; and iPhone 5 purchases made prior to April 1, 2013.

A settlement has been reached with Apple, Inc. (“Apple”) in a class action lawsuit alleging that Apple sold the iPhone 4, iPhone 4S and iPhone 5 with defective sleep/wake (power) buttons and failed to disclose (or insufficiently disclosed) this defect to purchasers in violation of various California state laws.

You may be included in this settlement as a "Class Member" if you fit within one or both of the following Court certified Classes:

iPhone 4 and 4S Class:

All California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase. 

iPhone 5 Class:

All California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase. 

Excluded from the Classes are persons whose Class Device was already repaired or replaced by Apple for free due to a non-working sleep/wake button.

Your rights are affected whether you act or don't act. Please read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

Deadline:
March 23, 2020

This is the only way you can receive a payment from this settlement if Apple does not have a record of a reported issue with the sleep/wake button on your Class Device (and no record that Apple has already provided a free repair or replacement for that device). If you submit a Claim Form, you will give up the right to sue Apple in a separate lawsuit about the claims this settlement resolves.

FILE A CLAIM

ASK TO BE EXCLUDED

Deadline: January 4,2020  

If you decide to exclude yourself, you will keep the right to sue Apple in a separate lawsuit about the claims this settlement resolves, but you give up the right to get a payment from this settlement.

This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Apple related to the legal claims in this case

OBJECT TO THE SETTLEMENT Deadline: December 31, 2019 If you do not exclude yourself from the settlement, you may object to it by writing to the Court about why you don’t like the settlement.

GO TO A HEARING

 March 20, 2020

You may object to the settlement and ask the Court for permission to speak at the fairness hearing about your objection
DO NOTHING If you are a Class Member, you are automatically part of the settlement. If you do nothing, you will not get a payment from this settlement and you will give up the right to sue, continue to sue, or be part of another lawsuit against Apple for any claim made in this lawsuit or released by the Settlement Agreement.

These rights and options -and the deadlines to exercise them-are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the settlement.