UPDATE MAY 2024
The settlement was approved on March 19, 2024. The claims period for cash reimbursement will commence on May 24, 2024. Please visit this website for updates.
Authorization of the Class Action
On December 29, 2017, a class action was commenced in Quebec against Apple Canada Inc. and Apple Inc. (“Apple”), and later amended, notably alleging that: (1) Apple failed in its duty to inform consumers of the limited lifespan of the rechargeable batteries in relation to the lifespan of the iPhone when consumers purchased an iPhone, and (2) when selling AppleCare and/or AppleCare+, Apple failed in its duty to inform Quebec consumers, orally and in writing, in the manner prescribed by regulation, of the existence and nature of the legal warranty under the Consumer Protection Act (“CPA”).
On July 16, 2019, the Honourable Justice Chantal Corriveau of the Superior Court of Québec authorized the bringing of this class action against the Defendants. On March 17, 2021, and as rectified on April 15, 2021, the Quebec Court of Appeal redefined one of two class descriptions and a common question. The classes were defined as follows:
Apple Battery Class
All consumers who purchased an iPhone since December 29, 2014.
AppleCare Class:
All consumers who, between December 20, 2015, and January 26, 2023, purchased “AppleCare” and/or “AppleCare+” for an Apple product in Quebec, including but not limited to an iPhone, Apple Watch, iPad, iPod, Marc and/or MacBook and were not informed of their legal warranty under the Consumer Protection Act at the time of purchase.
(Together with the Apple Battery Class, the “Class Members”)
The parties have negotiated a settlement of the class action (the “Settlement Agreement”), which was approved by the Superior Court of Quebec on March 19, 2024, and therefore determined to be fair, reasonable and in the best interest of the Settlement Class. The Defendants deny any liability and deny the truth of the allegations made against it. The settlement (as described below) is a compromise of disputed claims in order to achieve an early full and final resolution of the class action, without any admission or findings of liability or wrongdoing against the Defendants.
Proposed Settlement of the Class Action
The Settlement Agreement provides that the Defendants will pay a total of $6,000,000.00 CAD, which includes the payment of Class Counsel fees of 30% of this amount ($1,800,000.00 CAD) plus taxes and disbursements, but excludes the payment of Administration Expenses.
The Settlement Agreement provides for benefits to be paid to Eligible AppleCare Class Members. An Eligible AppleCare Class Member is an AppleCare Class Member who purchased AppleCare in a Quebec Apple Store. This specifically excludes the purchase of AppleCare by any other method.
The Settlement Agreement provides for Eligible AppleCare Class Members to:
a) automatically receive $25.00 per AppleCare contract purchased in an Apple Store in Quebec between December 20, 2015 and January 26, 2023; (only to Class Members who are found in the data recieved from Apple)
b) be able to submit a claim that, if approved, will provide for an additional amount of up to 50% of what they paid for their AppleCare contract(s), before sales tax, between December 20, 2015 and January 26, 2023. (Eligible Class Members will recieve an Approval Notice Notice which will contain a Claim ID and PIN which will be used to submit an online claim)
Eligible AppleCare Class Members will receive these payments via an e-transfer to their last known e-mail address that the Defendants have on file. If you received the Approval Notice by post, Apple does not have a valid email address for you on file. Please contact the Claims Administrator to provide information for an e-transfer. Otherwise, you will receive a cheque to this same address in September 2024.
Eligible AppleCare Class Members can submit a claim form for the additional amount on this website by selecting the "File Claim" button on the top right hand corner of this homepage as of May 24, 2024. Altenatively, you may also send a paper claim which can be retrieved on our documents page and submit it to the following address:
Consumer Warranty Class Action
c/o RicePoint Administration Inc.
P.O. 3355
London, ON N6A 4K3
The claims deadline is July 23, 2024. You will be required to attest that you were not informed orally and in writing of the existence of the legal warranty when purchasing AppleCare, pursuant to the requirements of the Consumer Protection Act and its relevant regulation. In return for providing the benefits, the Defendants will receive a release from the AppleCare Class Members and a declaration of settlement out of court of the class action
This Settlement Agreement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault on the part of the Defendants.
Discontinuance of the Battery Class
The Plaintiffs will discontinue the claims related to the Battery Class. The Court allowed the discontinuance, the Battery Class and related Battery Claims are terminated. Limitation periods will no longer be suspended. Therefore, should they so desire, Battery Class Members may pursue their own legal claims at their own expense.
The Battery Class Members will not be compensated related to this claim and no release from the Battery Class will be given towards the Defendants.
More Information
For more information or details about the proposed Settlement Agreement, you may contact the Claims Administrator or Class Counsel.
Please do not contact the Defendants or the judges of the Superior Court with inquiries about this Settlement.