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Apple to settle the California-based FaceTime Class Action for $18 million with the original 2 Plaintiffs receiving $7,500 each

1 x cover Class Action


Patently Apple posted a legal report back in February 2017 titled "Class Action Lawsuit Launched against Apple over Intentionally Breaking FaceTime on iOS 6." The original lawsuit stated that "This is a consumer class action brought by Plaintiff on behalf of herself and all others similarly situated who owned an Apple iPhone 4 or iPhone 4S that was operating on iOS 6 or an earlier operating system, and therefore lost the ability to use Apple's 'FaceTime' video conferencing feature when Apple intentionally broke FaceTime for iOS 6 and earlier operating systems on April 16, 2014." It was learned yesterday that Apple decided to settle the case. The parties will go before Judge Lucy Koh on September 3, 2020 at 1:30 p.m.  


The settlement involves approximately 3.6 million devices. The Summary of Settlement states that it provides relief for the following Class Members:


"All owners of non-jailbreak Apple iPhone 4 or 4S devices who on April 16, 2014, had iOS or earlier operating systems on their iPhone 4 or 4S devices, and who were in California at the time."


The Net Settlement Fund will receive $18 million which is to be divided evenly to all 3.6 million devices in the case less the costs of notice and administering the settlement funds, attorney fees and expense reimbursement to Class Counsel, and any incentive awards to the Class Representatives, as ordered by the court.


The settlement also notes that payment will only apply to a little over 90% of the Settlement Class Members which would strongly suggest that 7 or 8% of those listed in the Class Action owned Jailbroken iPhones which eliminates them from the final settlement.


The ones who originally filed the Class Action, Christina Grace and Ken Potter, will receive up to $7,500 each for a total of $15,000 for "incentive awards."


The Attorney fees are unknown but are likely to be steep, so the rest of those in lawsuit will only receive a few dollars each which, in my opinion is a joke, considering the payout is only to Californians. It's a great deal for Apple.   


With this settlement, Apple may be forced to settle with a Florida case on the same FaceTime issue filed on August 28, 2019 by Austin Belanger. At present there's no official settlement news on this case.


10.4F - Patently Legal


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