Frequently Asked Questions

  1. What is the notice?
  2. What is this Lawsuit about?
  3. Why is this a class action?
  4. Why is there a Settlement?
  5. Am I part of the Settlement Class?
  6. What does the Settlement provide?
  7. How much is my Settlement Award?
  8. What happens if I do nothing at all?
  9. How do I ask to be excluded from the Settlement?
  10. What happens if I exclude myself from the Settlement?
  11. How do I tell the Court if I do not like the Settlement?
  12. What is the difference between objecting and asking to be excluded?
  13. Do I have attorneys in this case?
  14. Should I get my own attorney?
  15. What attorneys' fees and costs are involved?
  16. When and where will the Court decide whether to approve the Settlement?
  17. Do I have to attend the hearing?
  18. Are more details available?
  19. Why did I receive an email to update my address?
  1. What is the notice?

    Judge Brian C. Walsh of the Superior Court of California, Santa Clara County, authorized the notice because you have a right to know about the proposed Settlement of a class action lawsuit, Butler, et al. v. Apple Inc., Case No. 2014-1-CV-262989 (the "Lawsuit"), and about all of your options before the Court decides whether to approve the Settlement.

    The notice explains the lawsuit, the Settlement, your legal rights, what benefits are provided by the Settlement, who is eligible for them, and how to get them. If the Court approves the Settlement, and after any objections or appeals are resolved, then the payments agreed to in this Settlement will be made.

    

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  2. What is this Lawsuit about?

    The Lawsuit claims that Apple sold iPhone 4S devices with defective Wi-Fi components that caused Wi-Fi to fail on certain devices, in violation of California’s Unfair Competition Law.

    Apple denies all allegations and is entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.

    

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  3. Why is this a class action?

    In a class action, one or more people called "Class Representatives" (in this case, Fernanda Rocha Hawkins) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a "Class." Please read frequently asked question 5 to determine whether you are part of the class.

    

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  4. Why is there a Settlement?

    The Court has not decided in favor of either party. Instead, both sides have agreed to the Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, participating class members will receive the benefits described in this notice. The proposed Settlement does not mean that any law was broken or that Apple did anything wrong. Apple denies all allegations and is entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing. The Class Representative and her lawyers think the proposed Settlement is best for everyone who is affected.

    

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  5. Am I part of the Settlement Class?

    Unless you request to be excluded, you are a member of the Settlement Class defined as follows:

    "All customers who, according to Apple’s company records, owned an iPhone 4S that was purchased on or after September 1, 2012, whose phone had a Wi-Fi module that was or may have been manufactured by Universal Scientific Industrial Co., Ltd. ("USI"), and who either paid for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue or complained o Apple about a Wi-Fi/Bluetooth issue when their iPhone 4S was out-of-warranty (limited to the first customer who complained to Apple about a specific (by serial number) device)."

    The Settlement Class excludes Apple; any entity in which Apple has a controlling interest; Apple’s directors, officers, and employees; Apple’s legal representatives, successors, and assigns; and all persons who validly request exclusion from the Settlement Class.

    If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, call the Settlement Administrator at toll-free number, 1-855-256-2019.  You may also send questions to the Settlement Administrator at:

    Butler v. Apple Inc. Settlement Administrator
    P.O. 
    Box 404000

    Louisville, Kentucky 40233-4000

    Please do not address any questions about the Settlement to Apple, defense counsel, the Clerk of the Court, or the Judge.

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  6. What does the Settlement provide?

    Apple has agreed to pay $6,645,440 to create a "Settlement Fund." The Settlement Fund will be used to send checks to participating class members (called "Settlement Awards"); pay a Service Award to the Class Representative as approved by the Court; pay Attorneys’ Fees and Expenses to Class Counsel as approved by the Court; and pay the costs of administering the Settlement. Up to $169,000 will be deducted from the Settlement Fund to pay for the costs of administering the Settlement.

    The Settlement Awards will consist of:

    1. a full refund to customers who purchased a replacement iPhone 4S from Apple due to a Wi-Fi problem after the warranty expired, and
    2. $23 to customers who complained to Apple about a Wi-Fi problem with their iPhone 4S after the warranty expired

    The customer’s iPhone 4S device must have been purchased after September 1, 2012 in order to qualify for a Settlement Award.

    The Settlement Administrator will mail the Settlement Awards to each participating class member’s mailing address, if a valid address is on record. If no address is on record for a particular class member, and if that class members’ address cannot otherwise be located, that class member’s Settlement Award will be distributed equally between:

    1. the National center for Youth Law (a child advocacy program), and/or
    2. Public Counsel (a nonprofit organization that provides legal services to the indigent)

    These are known as "Cy Pres Recipients." In no event will any part of the Settlement Fund pass back to Apple.  If there are any funds remaining in the Settlement Fund after all Settlement Awards have been distributed and the deadline to cash Settlement Awards has passed, they will be distributed in equal amounts to these Cy Pres Recipients.

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  7. How much is my Settlement Award?

    The amount that you will receive under the Settlement is called your "Settlement Award." Apple is paying a total of $4,975,440 in Settlement Awards directly to participating class members, according to the following payment structure:

    • $199 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by Universal Scientific Industrial Co., Ltd. ("USI"), and (3) who paid $199 for an out-of-warranty replacement iPhone 4S due to a W-Fi/Bluetooth issue;
    • $198 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $185.01 and $198 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $185 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $150.01 and $185 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $150 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $100.01 and $150 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $100 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $75.01 and $100 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $75 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $50.01 and $75 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $50 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $30.01 and $50 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;
    • $30 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who paid between $1 and $30 for an out-of-warranty replacement iPhone 4S due to a Wi-Fi/Bluetooth issue;  and
    • $23 to each customer (1) who owned an iPhone 4S that was purchased on or after September 1, 2012, (2) whose phone had a Wi-Fi module that was or may have been manufactured by USI, and (3) who complained to Apple about a Wi-Fi problem with their iPhone 4S after the warranty expired, but did not purchase a replacement device from Apple.

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  8. What happens if I do nothing at all?

    You don’t have to do anything if you want to receive a check from the Settlement. By doing nothing you are staying in the Settlement Class.

    If you do nothing, you give up your right to sue Apple as part of any other lawsuit about the claims resolved or the facts alleged in this Settlement. The full release language is set forth below:

    "As of the Effective Date of this Agreement as defined below, Releasing Persons hereby fully and irrevocably release and forever discharge Released Persons from any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, that were or reasonably could have been asserted based on the factual allegations in the Second Amended Complaint, or based on any facts discovered in the course of litigating the Action, or that relate to or arise out of all iPhone 4S Wi-Fi/Bluetooth issues ("Released Claims"). Released Claims do not include claims related to any phone models other than the iPhone 4S or problems with the iPhone 4S other than Wi-Fi or Bluetooth problems, nor do the Released Claims limit, or release any ongoing or pending litigation against Apple Inc., whether in state or federal court in California or anywhere else in the U.S. or in arbitration."

    If you have questions about the released claims or what they mean, you can talk to the law firm representing the Class for free, or you can, at your own expense, talk to your own lawyer.

    

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  9. How do I ask to be excluded from the Settlement?

    If you do not want to participate in this Settlement, you can exclude yourself from (or "opt-out" of) the Settlement by sending a letter by mail to the Settlement Administrator. The opt-out or exclusion letter must include:

    1. Your full name and address and email;
    2. The name of this case: Butler v. Apple Inc., Case No. 2014-1-CV-262989; and
    3. A clear statement that you do not want to participate in the Settlement.

    The letter must be signed and dated, and postmarked no later than July 11, 2019. You must mail your exclusion letter to:

    Butler v. Apple Inc. Settlement Administrator

    P.O. Box 404000

    Louisville, KY 40233-4000

    

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  10. What happens if I exclude myself from the Settlement?

    If you exclude yourself from the Settlement, you won’t receive any money or Settlement Award, and you cannot object to the Settlement. By excluding yourself, however, you may be able to sue Apple about the claims alleged in this lawsuit at your own expense, assuming your claim is timely under applicable law.

    

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  11. How do I tell the Court if I do not like the Settlement?

    If you’re a class member, you can ask the Court to deny approval by objecting to the Settlement. You can’t ask the Court to order a larger payment; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement benefits will be paid to class members and the lawsuit will continue.

    You may object to the Settlement in writing. All written objections and supporting papers must include:

    1. Your full name and address and email;
    2. The name of this case: Butler v. Apple Inc., Case No. 2014-1-CV-262989;
    3. Proof that you owned a iPhone 4S that was purchased after September 1, 2012;
    4. The words "Notice of Objection," "Formal Objection," or words to that effect; and
    5. The basis for your objection.

    Your written objection must be signed, dated, and postmarked no later July 11, 2019.

    You must mail your objection to the Settlement Administrator at:

    Butler v. Apple Inc. Settlement Administrator

    P.O. Box 404000

    Louisville, KY 40233-4000

    You may also appear at the Fairness Hearing and make an oral objection, either in person or through your own attorney. You or your attorney may make an oral objection at the Fairness Hearing even if you did not submit a written objection. If you appear through your own attorney, you are responsible for paying that attorney.

    

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  12. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not want the Settlement to go through for the entire Settlement Class because you do not like something about it.  You can object to the Settlement only if you do not exclude yourself.  Excluding yourself is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

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  13. Do I have attorneys in this case?

    The Court appointed Fernanda Rocha Hawkins as the Class Representative and the following attorneys as Class Counsel to represent all members of the Settlement Class:

    Eric A. Gover, Esq.

    Keller Grover LLP

    1965 Market Street

    San Francisco, CA 94103

    415-543-1305

    eagrover@kellergrover.com

    Mark S. Reich, Esq.

    Robbins Geller Rudman & Dowd LLP

    1 Montgomery Street

    Suite 1800

    San Francisco, CA 94104

    631-367-7100

    mreich@rgrdlaw.com

    Scot Bernstein, Esq.

    Law Offices of Scot D. Bernstein,

         A Professional Corporation

    101 Parkshore Drive, Suite 100

    Folsom, CA 95630

    916-447-0100

    swampadero@sbernsteinlaw.com

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  14. Should I get my own attorney?

    You do not need to hire your own attorney because Class Counsel is working on your behalf.  But if you want your own attorney, you will have to pay that attorney.  If you hire your own attorney, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

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  15. What attorneys' fees and costs are involved?

    Class Counsel requested an award of up to $1,500,000 for reasonable attorneys’ fees and expenses incurred in the litigation.  Class Counsel has worked for nearly five years on this case without compensation.  The fees and expenses awarded by the Court will be paid out of the Settlement Fund.

    Class Counsel will also request that a Service Award of up to $1,000 be paid from the Settlement Fund to the Class Representative for her service as representative on behalf of the Class.  All applications for attorneys’ fees and expenses and the Service Award are subject to Court approval.

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  16. When and where will the Court decide whether to approve the Settlement?

    The Court has scheduled a Fairness Hearing on October 18, 2019, at the Superior Court of California for the County of Santa Clara, 191 North First Street, San Jose, California, 95113, Department 1.  The hearing may be moved to a different date or time without additional notice, please check this settlement website periodically for updates.

    At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  The Court will also consider the requests by Class Counsel for reasonable attorneys’ fees and expenses and for the Service Award to the Class Representative.  If there are objections, the Court will consider them at that time.  After the hearing, the Court will decide whether to approve the Settlement.  It is unknown how long these decisions will take.

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  17. Do I have to attend the hearing?

    No.  Class Counsel will answer any questions the Court may have.  But, you are welcome to attend the hearing at your own expense.  If you send an objection, you do not have to come to Court to talk about it.  As long as you file or submit your written objection on time, to the proper location or address, and it complies with the other requirements set forth above, the Court will consider it.  You may also pay your own lawyer to attend the hearing, but it is not necessary.

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  18. Are more details available?

    If you have any questions, you may contact Class Counsel listed in frequently asked question 13, or call the Settlement Administrator at 1-855-256-2019.  Please refer to the "Butler v. Apple Inc." case when you contact Class Counsel.  Certain case documents are available on the Case Documents tab of this settlement website.

    PLEASE DO NOT CALL APPLE, DEFENSE COUNSEL, OR THE COURT REGARDING THIS MATTER.

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  19. Why did I receive an email to update my address?

    If you received an email notifcation, you must provide certain information, including your name and mailing address to receive a payment. You may update your address by clicking the Update Address button of this website. If you do not provide the requested information postmarked or submitted online by December 16, 2019 your payment will be delayed or withheld.

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