Apple has agreed to a $20 million settlement resolving claims its iOS 9 update on the iPhone 4S substantially slowed down the phones.
The class is made up of anyone who downloaded iOS 9, or any version thereof, onto their iPhone 4S, lived in New York or New Jersey at the time they first downloaded any version of iOS 9, and whose iPhone 4S experienced a significant decline in performance as a result. Consumers must meet all three criteria to be considered class members.
An owner is someone who owned, purchased, leased or otherwise received an eligible device for personal, work or any other purposes.
Plaintiffs in a class action lawsuit claim they upgraded their iPhone 4S devices’ operating system to iOS 9, initially released in September 2015, based on Apple’s allegedly false representations about it. They claim they were then plagued by diminished device performance.
Tech giant Apple denies any wrongdoing but has agreed to the iPhone 4S iOS 9 update settlement to avoid the risks and costs associated with litigation.
Under the terms of the settlement, Apple will provide a cash payment to class members who submit a declaration that they meet the class definition.
The final payment amount will depend on the number of valid claims and other factors, such as the court’s award of attorneys’ fees and expenses.
The payment will be about $15 per eligible device. However, that payment could be adjusted up or down on a pro rata basis, depending on the number of claims filed. The maximum possible per-device amount that could be paid is $150.
If multiple class members submit claims related to the same eligible device, the payment amount for that device will be divided equally among those submitting approved claims.
Unused money remaining in the fund will not revert to Apple.
The deadline to opt out of or object to the iPhone 4S iOS 9 update settlement is Aug. 29, 2022.
A final hearing in the settlement will take place Sept. 22, 2022.
The deadline to submit a claim is Aug. 29, 2022.
