US iPhone users are entitled to ‘batterygate’ compensation, but will UK users be compensated too?
Apple has settled a lawsuit in the US, meaning it will have to pay at least $310m (£244m) and up to $500m (£393m) to around 100 million iPhone users after losing the US lawsuit .
Compensation is expected to begin soon after the company appealed but was rejected, meaning it will continue with around $65 (around £50) distributed to each US claimant.
In this case, owners of older devices are involved in a lawsuit known as “Batterygate,” in which the company allegedly intentionally slowed down older iPhones.
The tech company denied all allegations and reached the settlement to “avoid burdensome and costly litigation.” The U.S. District Court for Northern California said the settlement did not mean Apple admitted wrongdoing.
Both the proceedings themselves and the exact amount of compensation still need to be confirmed by the Competition Appeal Tribunal.
The action is for every model owned, not every customer, so early adopters and people who buy multiple phones may qualify for multiple payments.
Meanwhile, Apple faces another multi-million pound lawsuit in the UK, which could entitle millions of iPhone owners in the UK to compensation if successful.
What is throttling?
Apple’s software update is designed to enhance iPhone performance and prevent the phone from shutting down unexpectedly.
But iPhone users can’t disable the setting and don’t realize that their phones will slow down as a result – this is known as throttling.
Consumer rights activist Justin Gutmann claims Apple is doing this to hide the fact that older iPhone batteries may have trouble running the latest software.
Critics claim that slowing down older iPhones will encourage people to buy newer phones.
What is the Apple battery lawsuit?
Gutman claimed that a software update released by Apple in 2017 slowed down the performance of older iPhones.
Affected phones include iPhone 6, 6 Plus, 6S, 6S Plus, SE, 7, 7 Plus, 8, 8 Plus and iPhone X models.
While Gutmann’s case in the UK is still pending, the US lawsuit has now been settled and compensation is expected soon.
Gutman has previously said: “Instead of doing the honorable and legal thing for customers and providing free replacements, repairs, or compensation, Apple is misleading people by hiding a tool in software updates that makes their devices The speed is reduced by up to 58%.
“I launched this case to get compensation for the harm suffered by millions of iPhone users across the UK as a result of Apple’s conduct.
“If this case is successful, I hope the dominant companies will re-evaluate their business models and stop engaging in this kind of behavior.”
What does this mean for UK consumers?
While the US settlement will not result in direct compensation for UK consumers, it could be a sign that Gutmann’s case may also be successful.This could result in millions of dollars in payments to UK consumers, potentially at levels similar to those in the US.
The Competition Appeal Tribunal will review claims and compensation for each model owned rather than each customer, so early adopters and regular upgraders may receive multiple payments.If a UK customer’s payment is confirmed, it is likely that they will be notified immediately about the method of claiming damages.What did Apple say?
In a statement before the case, Apple said: “We have never done, and will never do, anything to intentionally shorten the life of any Apple product or degrade the user experience to drive customers to upgrade.”“Our goal has always been to create products that customers love, and making iPhones as durable as possible is an important part of that.”The tech giant has previously apologized for a lack of communication and lowered iPhones battery replacement prices in 2018.
Apple has not commented publicly on the settlement. It appealed, but a US appeals court dismissed the case.The Evening Standard has contacted Apple for comment following the settlement.
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