The Court in charge of this litigation authorized a Notice. The Notice explains the Settlement and helps you understand your options.
Top
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”). The Representative Plaintiffs asked the Court to order Apple to pay compensatory and punitive damages. The Settlement was approved on March 19, 2024.
TopThe 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 received 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 which will contain a Claim ID and PIN which will be used to submit an online claim)
TopOn 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. Not eligible for any settlement compensation.
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.
TopIf you received a Notice with a Claim ID and PIN, you will automatically receive $25.00 and will be able to submit a claim form, if approved, that will provide for an additional amount of up to 50% of what you paid for their AppleCare contract(s), before sales tax, between December 20, 2015 and January 26, 2023.
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 25, 2024.
If a claimant is not on the list of Eligible AppleCare Class Members provided by the Defendants, the administrator will make an account of this to Class Counsel and Defence Counsel. In such a case, and unless both Class Counsel and Defence Counsel agree otherwise, the claimant will be asked to provide: (a) sufficient proof of identity; and (b) sufficient proof of purchase of AppleCare for a Device in an Apple Store in Quebec between December 20, 2015 and January 26, 2023 in order to validate their claim.
TopEligible class members will recieve a consumer cash payment of $25.00 per AppleCare contract along with a consumer cash reimbursement payment for their approved claim. Please note all deadlines relating to this settlement have been suspended by an order of the Superior Court until further notice.
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 mail, Apple does not have a valid email address for you on file. Please contact the administrator via email at [email protected] or by telephone at 1-855-662-1833 to update your information. Otherwise, you will receive a cheque to the same address we have on file for you.
TopThe Plaintiffs will discontinue the claims related to the Battery Class. The Court allowed the discontinuance, the Battery Class and related Battery Claim is now 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.
TopFor further information or details about the proposed Settlement Agreement, you may contact class counsel identified below. Your name and any information provided will be kept confidential. Please do not contact the Defendants, or the judges of the Superior Court.
Mtre. Joey Zukran
LPC Avocat Inc.
276, rue Saint-Jacques, bureau 801
Montréal, Québec, H2Y 1N3
Telephone: 514 379-1572
Email: [email protected]
Mtre. Michael Vathilakis
Renno Vathilakis Inc.
145, rue St-Pierre Street, bureau 201
Montreal, Quebec, H2Y 2L6
Telephone: 514 937-1221
Email: [email protected]
You may also contact the Claims Administrator at the following coordinates:
By Mail:
Consumer Warranty Class Action
c/o RicePoint Administration Inc.
P.O. 3355
London, ON N6A 4K3
By Email:
Top