Apple Class Action | Rochon Genova

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The Claims

This Canada-wide class action, filed with the Ontario Superior Court of Justice (claims were also filed in the British Columbia Supreme Court, the Saskatchewan Court of King’s Bench, and the Alberta Court of King’s Bench), alleges that Apple’s iOS software updates for iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus were provided to iPhone users under the pretense that the software updates were necessary to deliver enhanced security and performance. In reality, however, the updates allowed Apple to slow down the performance of these updated iPhones. This practice is known as “throttling” because Apple intentionally slows the phone’s CPU.

Although Apple’s slowing of iPhones began at some point in 2016 this practice was only exposed in December 2017 through a study conducted by John Poole at Primate Labs.

The Class

All individuals (both corporate and natural persons) who were domiciled in Canada (excluding Quebec residents) as of June 15, 2023, who owned and/or purchased an Apple iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7 or 7 Plus smartphone device with iOS 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus, or SE) and/or iOS 11.2 or later (for iPhone 7 or 7 Plus) installed or downloaded, before December 21, 2017.

The settlement excludes (i) directors, officers, and employees of Apple or its subsidiaries and affiliated companies, as well as Apple’s legal representatives, heirs, successors, or assigns, (ii) any member of the judiciary presiding over this matter, and (iii) any other individuals whose claims already have been adjudicated to a final judgment.

Updates

On February 26, 2018, the class action was commenced.
On June 23, 2023, the British Columbia Supreme Court certified the Class Action as a multi-jurisdictional class proceeding for settlement purposes and authorized Nicholas Stephen Crema to act as representative plaintiff on behalf of the Class Members.
On June 15, 2023, the plaintiffs in the Proceedings and Apple executed a Settlement Agreement providing for the settlement of the Proceedings and the Class Action (the “Settlement”).
On March 4, 2024, the court approved the Settlement and ordered that it be implemented in accordance with its terms.
The deadline to submit a claim was September 2, 2024.

Documents

Joel Rochon

Managing Partner

Sophie Chase

Associate

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