The Settlement Fairness Hearing will be held on September 22, 2022 at 10:30 a.m., at 225 Cadman Plaza E, Brooklyn, NY 11201, in Courtroom 11A. To appear, speak, or present objections at the Settlement Fairness Hearing, you must follow the instructions in the response to Question 19 in the Class Notice available on the settlement website. Interested parties who wish to listen in only may dial in to the Settlement Fairness Hearing through the Court’s conference line (888) 363-4734, followed by the access code 4444221.
The information contained on this website is only a summary of the information presented in more detail in the Class Notice. Because this website is just a summary, you should review the Notice for additional details.
What does the Settlement Provide?
A settlement has been reached with Apple Inc. (“Apple”) in a class action lawsuit. In the case, the plaintiffs claimed that upgrading to any version iOS 9 on the iPhone 4S substantially slowed down their phones. Apple denies all allegations of wrongdoing. By entering the Settlement, Apple does not concede the truth of any of the claims against it; Apple maintains that it did nothing wrong and that iOS 9 performed well on the iPhone 4S. The Court has not decided who is right. Instead, the parties agreed to a compromise.
Am I a Class Member?
You are in the Settlement Class if (1) you downloaded iOS 9 (which was first released in September 2015), or any version thereof, onto your iPhone 4S; (2) you lived in New York or New Jersey at the time that you first downloaded any version of iOS 9; and (3) your iPhone 4S experienced a significant decline in performance as a result.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
|SUBMIT A CLAIM FORM RECEIVED (IF MAILED), OR ONLINE, NO LATER THAN AUGUST 29, 2022.
||The only way to get payment under the settlement. You must submit a Valid Claim to receive money in the Settlement. To find out how to submit a Claim Form, please read Question 11 of the Notice.
|EXCLUDE YOURSELF (OPT OUT) RECEIVED (IF MAILED), NO LATER THAN AUGUST 29, 2022.
||Get no payment under the settlement. This is the only option that allows you to be a part of any other lawsuit against Apple about the claims and allegations in this case. To find out how to opt out, please read Question 14 of the Notice.
|OBJECT TO THE SETTLEMENT, NO LATER THAN AUGUST 29, 2022.
||Write to the Court about why you do or don't like the settlement. To find out how to get object, please ready Question 19 of the Notice.
|OBJECT TO ATTORNEYS'S FEES AND/OR EXPENSES NO LATER THAN AUGUST 25, 2022.
||Write to the Court about why you don’t like the attorneys’ fees and/or expenses that Class Counsel requests. To find out how to do so, please read Question 19 of the Notice.
|GO TO THE FINAL APPROVAL HEARING
||Ask to speak in Court about the fairness of the Settlement. To find out how to do so, please read Question 23 of the Notice.
||Get no payment under the Settlement and give up your right to compensation for the claims and allegations in this case. If the Settlement is finally approved, you will be bound by the Court’s Final Judgment and the release of claims explained in the Settlement Agreement.
How do I obtain more information?
Detailed information about the Settlement is contained in the Notice available for download on the 'Important Documents' page on this website. Additional information can also be obtained by contacting the Administrator by calling toll-free 1-877-540-0949 or emailing info@OperatingSystemUpdateSettlement.com or mailing a letter to:
Lerman vs. Apple Inc.
c/o JND Legal Administration
P.O. Box 91446
Seattle, WA 98111
Inquiries should NOT be directed to the Court or the Clerk of the Court.