Northern District of California
If you are or were the original owner of an
you could be entitled to benefits under a class action settlement.
The United States District Court, Northern District of California, authorized this notice.
This is not a solicitation from a lawyer.
∑ The settlement will provide a $15 cash payment if you are a United States resident who is or was the original owner of an iPhone 4, experienced antenna or reception issues, and satisfy other requirements explained below.
∑ To be eligible for the cash payment, you must have: (a) experienced antenna or reception issues; (b) been unable to return your iPhone 4 without incurring any costs; (c) been unwilling to use a case or free bumper for your iPhone 4; and (d) completed certain troubleshooting steps or are unable to complete the troubleshooting steps because you no longer own your iPhone 4.
∑ Since July 2010, Apple has offered a free bumper to iPhone 4 owners who have experienced antenna or reception issues. Class Members can continue to request a free bumper as described at http://support.apple.com/kb/HT4389.
∑ Your legal rights are affected whether you act or donít act. Please read this notice carefully.
Your Legal Rights and Options in This Settlement:
Submit a Claim Form
The only way to get a payment under the settlement.
Get no payment under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Apple about the legal claims in this case.
Write to the Court about why you donít like the settlement.
Go to a Hearing
Ask to speak in Court about the fairness of the settlement.
Get no payment under the settlement. Give up rights.
∑ These rights and optionsóand the deadlines to exercise themóare explained in this notice.
∑ The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after appeals are resolved. Please be patient.
BASIC INFORMATION ........................................................................................................ † PAGE 2
l.†††††† Why did I get this notice package?
2.††††† What is this lawsuit about?
3.††††† Why is this a class action?
4.††††† Why is there a settlement?
WHO IS IN THE SETTLEMENT........................................................................................... † PAGE 3
5.††††† How do I know if I am part of the settlement?
6.††††† Are there exceptions to being included?
7.††††† If I no longer own my iPhone 4, am I included in the Class?
8.††††† Iím still not sure if I am included.
THE SETTLEMENT BENEFITSóWHAT YOU GET.......................................................... † PAGE 3
9.††††† What does the settlement provide?
10.††† What are the requirements to receive a cash payment?
11.††† How can I get a free bumper?
HOW YOU GET A CASH PAYMENTóSUBMITTING A CLAIM FORM........................ † PAGE 4
12.††† How can I get a cash payment?
13.††† When would I get my cash payment?
14.††† What am I giving up to get a cash payment or stay in the Class?
EXCLUDING YOURSELF FROM THE SETTLEMENT..................................................... † PAGE 4
15.††† How do I get out of the settlement?
16.††† If I donít exclude myself, can I sue Apple for the same thing later?
17.††† If I exclude myself, can I get money from this settlement?
THE LAWYERS REPRESENTING YOU.............................................................................. † PAGE 5
18.††† Do I have a lawyer in this case?
19.††† How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT................................................................................. † PAGE 5
20.††† How do I tell the Court that I donít like the settlement?
21.††† Whatís the difference between objecting and excluding?
THE COURTíS FAIRNESS HEARING................................................................................. † PAGE 6
22.††† When and where will the Court decide whether to approve the settlement?
23.††† Do I have to come to the hearing?
24.††† May I speak at the hearing?
IF YOU DO NOTHING........................................................................................................... † PAGE 6
25.††† What happens if I do nothing at all?
GETTING MORE INFORMATION...................................................................................... † PAGE 6
26.††† Are there more details about the settlement?
27.††† How do I get more information?
You may be a United States resident (person or entity) who is or was the original owner of an iPhone 4.
The Court ordered this notice to be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves it and after any appeals are resolved, an administrator will make the payments that the settlement allows.
This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as In re Apple iPhone 4 Products Liability Litigation, Case No. 5:10-md-02188-RMW. The people who sued are called Plaintiffs, and the company they sued, Apple Inc., is called the Defendant.
The lawsuit claimed that the iPhone 4ís signal quality attenuates when users handle the phone and that Apple engaged in misrepresentations regarding the phone. Apple denies all allegations and is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing.
In a class action, one or more people, called Class Representatives (in this case Stacey Milrot, Christopher DeRose, Steve Tietze, Jeffrey Rodgers, Hung Michael Nguyen, Anthony Cologna, Joy Bearden, David Popik, Charles Fasano, Greg Aguilera II, Thomas Gionis, Christopher Bensberg, David Purdue, Michael James Goodglick, Karen Young, Joshua Gilson, Brandon Ellison Reininger, Trevor Antunez, Jessica Lares, Jaywill Sands, Bryan Colver, Jaclyn Badolato, Nicole Stankovitz, Vinny Curbelo, Kevin McCaffrey, James Blackwell, and Jethro Magat), sue on behalf of people who have alleged similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who choose to exclude themselves from the Class. United States District Court Judge Ronald Whyte is in charge of this class action.
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representatives and the attorneys think the settlement is best for the Class Members.
WHO IS IN THE SETTLEMENT
To see if you are eligible for benefits, you first have to determine whether you are a Class Member.
All United States residents who are or were the original owners of an Apple iPhone 4 as of February 17, 2012 are part of this settlement.
The Class does not include Apple; any entity in which Apple has a controlling interest; Appleís directors, officers, and employees; Appleís legal representatives, successors, and assigns; and all persons who validly request exclusion from the Settlement Class.
Yes, you may still claim the $15 cash payment if you meet the requirements.
If you are still not sure whether you are included, you can visit the website, www.iPhone4settlement.com, for more information.
THE SETTLEMENT BENEFITSóWHAT YOU GET
Apple will provide a $15 cash payment to Class Members who meet the requirements described in section 10 below.
To be eligible for the cash payment, Class Members must have: (a) experienced antenna or reception issues with their iPhone 4; (b) been unable to return their iPhone 4 without incurring any costs; (c) been unwilling to use a case or free bumper for their iPhone 4; and (d) completed the troubleshooting steps on http://www.apple.com/support/iphone/assistant/calls/ or be unable to complete the troubleshooting steps because they no longer own their iPhone 4.
Since July 2010, Apple has offered a free bumper to iPhone 4 owners who have experienced antenna or reception issues. Class Members can continue to request a free bumper as described at http://support.apple.com/kb/HT4389.
How You Get A CASH PAYMENTóSubmitting a Claim Form
To qualify for a cash payment, you must send in a Claim Form. A Claim Form, including instructions on how to make a claim, is attached to this Notice. You can also get a Claim Form on the Internet at www.iPhone4settlement.com or by calling 1-877-417-7234.
You must read the instructions carefully, fill out the form as directed in the instructions, include all the documents the form asks for, and sign the Claim Form under penalty of perjury. You must either (a) mail the original of the signed Claim Form to Apple iPhone 4 Settlement Claims Administrator, P.O. Box 43062, Providence, RI 02940-3062, or (b) scan the signed Claim Form and upload it to www.iPhone4settlement.com or e-mail it to claims@iPhone4Settlement.com. The Claim Form must be postmarked or electronically submitted on or before August 28, 2012. If you fail to submit your Claim Form by the required date, your claim will be rejected, and you will be deemed to have waived all rights to receive any cash benefit under this settlement.
Follow all the instructions on the Claim Form.
The Court will hold a hearing on July 13, 2012 at 9:00 a.m., to decide whether to approve the settlement. If Judge Whyte approves the settlement, there may be appeals. The appeal process can take time, perhaps more than a year. Please be patient.
Unless you choose to exclude yourself, you will remain in the Class. That means that you are eligible for a cash payment but canít sue, continue to sue, or be part of any other lawsuit against Apple about the claims in this case. It also means that all of the Courtís orders will apply to you and legally bind you.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you donít want a payment from this settlement, but you want to keep the right to sue or continue to sue Apple, on your own, about the claims in this case, then you must take steps to get out. This is called excluding yourselfóor is sometimes referred to as opting out of the Settlement Class.
To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from In re Apple iPhone 4 Products Liability Litigation, Case No. 5:10-md-02188-RMW. Be sure to include your name, address, telephone number, the serial number of your iPhone 4, and your signature. You must mail your exclusion request postmarked no later than June 15, 2012, to:
Geller Rudman & Dowd LLP
Attn: Rick Nelson, Class Member Relations
655 West Broadway, Suite 1900
San Diego, CA 92101
You canít exclude yourself on the phone or by fax or e-mail. If you ask to be excluded, you will not receive any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Apple in the future about the claims in this case.
No. Unless you exclude yourself, you give up the right to sue Apple for the claims that this settlement resolves. You must exclude yourself from this Class to pursue your own lawsuit. Remember, your exclusion must be postmarked on or before June 15, 2012.
No. If you exclude yourself, do not send in a Claim Form to ask for any money. But, you will not lose any right you may have to sue, continue to sue, or be part of a different lawsuit against Apple about the claims in this case.
THE LAWYERS REPRESENTING YOU
The Class is represented in this case by: Ira P. Rothken of the Rothken Law Firm; Stuart A. Davidson and Mark Dearman of Robbins Geller Rudman & Dowd LLP; Jennifer Sarnelli of Gardy & Notis LLP; and Behram V. Parekh of Kirtland & Packard LLP. Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for attorneysí fees and expenses of up to $5.9 million and for stipends to Plaintiffs of up to $500 each. Apple will separately pay the fees, expenses and stipends that the Court awards. These amounts will not come out of any funds for payments to Class Members. Apple will also separately pay the costs to administer the settlement.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you donít agree with the settlement or some part of it.
If youíre a Class Member, you can object to the settlement if you donít like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in In re Apple iPhone 4 Products Liability Litigation, Case No. 5:10-md-02188-RMW. Be sure to include your name, address, telephone number, the serial number of your iPhone 4, your signature, and the reasons you object to the settlement. The objection and any supporting papers must be mailed to and actually received by all of the following three addressees no later than June 15, 2012:
Clerk of the Court
United States District Court for the Northern District of California
San Jose Division
280 South 1st Street
San Jose, CA 95113
Class Member Relations
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Penelope A. Preovolos
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482
Objecting is simply telling the Court that you donít like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you donít want to be part of the Class. If you exclude yourself, you have no basis to object, because the case no longer affects you.
THE COURTíS FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend, and you may ask to speak, but you donít have to.
The Court will hold a Fairness Hearing at 9:00 a.m. on July 13, 2012, at the United States District Court for the Northern District of California, San Jose Division, Courtroom 6 (4th Floor) located at 280 South 1st Street, San Jose, California 95113. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Whyte will listen to people who have asked to speak at the hearing. The Court may also consider how much to award Class Counsel and the amount of the stipends for Plaintiffs. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The date of the Fairness Hearing can change without further notice. Check the Settlement website for further updates.
No. Class Counsel will answer questions Judge Whyte may have. But, you are welcome to come at your own expense. If you send an objection, you donít have to come to Court to talk about it. As long as your written objection was received on time, the Court will consider it. You may also pay your own lawyer to attend, but itís not necessary.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear and speak at the Fairness Hearing in ďIn re Apple iPhone 4 Products Liability Litigation, Case No. 5:10-md-02188-RMW.Ē Be sure to include the case name and number, your name, address, telephone number, and your signature. Your letter of intent to appear and speak must be received by the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question 20, no later than June 15, 2012. You cannot speak at the hearing if you excluded yourself.
IF YOU DO NOTHING
If you do nothing, you will be part of the Settlement Class. You will not receive a cash payment from the settlement unless you file a valid and timely Claim Form. You wonít be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple about the claims in this case.
GETTING MORE INFORMATION
This notice summarizes the proposed settlement. More details are in a Settlement Agreement. Copies of the Settlement Agreement and the pleadings and other documents relating to the case are on file at the United States District Court for the Northern District of California, San Jose Division, and may be examined and copied at any time during regular office hours at the Office of the Clerk, 280 South 1st Street, San Jose, California 95113. The Settlement Agreement and other important documents are also available on the Settlement website at www.iPhone4settlement.com.
You can visit the settlement website at www.iPhone4settlement.com, where you will find answers to common questions about the settlement, a Claim Form, plus other information. You may also e-mail Robbins Geller Rudman & Dowd LLP, Attn: Rick Nelson, Class Member Relations, at firstname.lastname@example.org.
Questions may not be directed to the Court.
Date: February 17, 2012