Smartphone Performance Settlement – Exceptions to the Settlement
The Apple Smartphone performance settlement is yet to be finally concluded on. If you paid for a subscription to iCloud between September 16, 2015 and January 31, 2016, and you had a U.S. mailing address associated with your iCloud account at that period, then you should read this Notice as it may have an impact to your legal rights.
A Settlement has finally been reached with Apple Inc. in a class action lawsuit that alleged that Apple breached its contract with its users by storing iCloud data on third-party servers. Even if Apple had denied that there was a breach of any contract and then denied all the allegations of wrongdoing brought against her.
If you paid a subscription to Apple’s could at any point between September 16, 2015 and Jan 31, 2016, and you had a U.S mailing account associated with your icloud account at that period, then you may be included in this settlement.
How do I know if I am Part of The Settlement?
You are considered a member of the Settlement Class if you are or were
A you are a United States owner of an iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, or an SE device
If you had a device that ran iOS 10.2.1 or later or, in the case of iPhone 7and 7 Plus devices, that ran iOS 11.2 or later before the set date of December 21, 2017.
To be a member of the settlement class, you must meet both criteria.
By a United States owner, i mean someone who owned, purchased, leased, or received an eligible device,either for personal usage, work, or any other purposes, and whose device was shipped to the United States, its territories, or its possessions. This class does not include iPhone owners who reside outside the United States, its territories,or its possessions.
Exceptions to the Settlement
The class of this settlement does not include Apple, any entity or business in which Apple has a controlling interest people affilated to Apple like directors, officers, and employees, Legal representatives of Apple, successors, and assigns, members of the Court, everyone who submited valid requests to be excluded from this settlement, and some other individuals whose claims have already been settled.
What are the Benefits of This Settlement
Payments will be provided by Apple per eligible device. If you submit a timely and valid claim form including a serial number and a declaration under penalty of perjury that states that you are or were
A United States owner of an iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, and/or SE device at that time
Your device ran iOS 10.2.1 or later or, in the case of iPhone 7 and 7 Plus devices, ran iOS 11.2 or later before the period of December 21, 2017.
The device experienced diminished performance.
The amount to be payed will depend on the total amount and other factors like the award of attorney fees and experiencesand named Plaintiff service awards.
Apple will pay $25 per eligible device provided that the total amount does not exceed $500,000,000. The amount is not fixed yet, it still depends on the final decision of the settlement case.
How can I get this Settlement Benefit
To get this benefit, you must first of all submit a valid claim form. You can get the online claim form on the online platform www.smartphoneoerformancesettlement.com. To recieve this payment electronically, be sird to have your routine number, and your account number when you are submitting the claim form online.
Make sure you read the instructions carefully, fill out the claim form as you were directed in the instructions from the website and then sign the claim form.