The Court in charge of this litigation authorized a Notice because you may be a member of the Class. The Notice explains the proposed Settlement and helps you understand all of your options before the Court decides whether or not to approve the Settlement.
Please be patient and check this Website regularly. Do not contact the Defendants regarding the details of this Settlement or the Court about this Class Action.
TopOn 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 in amounts to be determined.
TopYou may write to be excluded (opt-out) or object to the Settlement, or you may do nothing at this point in time. Please consult the chart on the home page of this website which will outline how to exercise each option, as well as the time by which you must do so.
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.
AppleCare Class:
All consumers who, since December 20, 2015, purchased “AppleCare” and/or “AppleCare+” for an Apple product including an iPhone, Apple Watch, iPad, iPod and/or MacBook and were not informed of their legal warranty under the Consumer Protection Act at the time of purchase.
On May 5, 2023, the Honourable Justice Marie-Christine Hivon of the Superior Court of Québec modified the AppleCare Class as follows:
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.
TopThe Plaintiffs will discontinue the claims related to the Battery Class. If the Court allows the discontinuance, the Battery Class and related Battery Claim will be 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.
TopThe settlement approval hearing, previously scheduled for June 12, 2023 at 9:00 a.m., was adjourned and will now be held on October 20, 2023 at 9:30 a.m. in a room to be confirmed by the Court. A copy of the judgment rendered on June 8, 2023, adjourning the hearing, is accessible here.
The settlement approval hearing will still take place at the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec, in room 2.08, or via a TEAMS link that will be posted on this website once available. Please visit this website periodically for further updates.
TopThe Settlement Agreement, if approved by the Court, 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.
If approved by the Court, this 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;
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 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 are receiving this 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, if the settlement is approved, you will receive a cheque to this same address.
In return for the payment of the Settlement Amount, the Defendants will receive a release from the AppleCare Class Members and a declaration of settlement out of court of the Class Action.
For 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, Suite 801
Montréal, Québec, H2Y 1N3
Telephone: 514 379-1572
Email: [email protected]
Mtre. Michael Vathilakis
Renno Vathilakis Inc.
145 St-Pierre Street, Suite 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:
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