Pomerantz Achieves $20 Million Settlement with Apple on Behalf of iPhone Users
On May 3, 2022, after six years of hard-fought litigation, Pomerantz and co-counsel achieved a significant victory on behalf of consumers by securing a $20 million settlement, pending final approval of the Court, in a consumer class action against Apple, Inc., on behalf of iPhone owners. The motion to settle, filed in U.S. District Court for the Eastern District of New York and unopposed by Apple, would entitle the class members to a recovery of between $15 to $150 per device owned, depending on how many class members file claims.
In October 2020, Pomerantz successfully fought to have the Court certify two classes of iPhone users:
All individuals and entities in New York [Class One] or New Jersey [Class Two] who currently own or have owned an iPhone 4S that was updated to any version of iOS 9 from any version of iOS 7 or iOS 8.
In addition, in February 2021, Plaintiffs defeated Apple’s Rule 23(f) Petition seeking permission from the U.S. Court of Appeals for the Second Circuit to appeal the District Court’s class certification decision.
Plaintiffs alleged that Apple misrepresented iOS 9 by telling consumers that the software update would enhance the performance of their devices, when, in reality, the iOS 9 update actually caused iPhone 4S smartphones to be “slow and buggy,” with devices running significantly more slowly than they did before the operating system had been updated to iOS 9.
Discovery spanned four years and included over 15 depositions, the review of over 48,000 documents – totaling over 539,000 pages – and the submission of expert reports totaling over 770 pages.
“This case involved the application of sophisticated legal issues to a highly complex technological consumer product,” said Michael Grunfeld. “We are pleased that we were able to achieve this favorable result for the Class by prevailing at every stage of the litigation before reaching this settlement near the close of discovery in the merits phase of the litigation.”
Pomerantz’s Apple litigation is led by Managing Partner Jeremy A. Lieberman and Partner Michael Grunfeld.