Frequently Asked Questions
- What is the lawsuit about?
- What is Defedants’ response?
- What are Plaintiffs asking for?
- What has happened in the lawsuit?
- What is a class action and who is involved?
- Am I part of the Class?
- Are there exceptions to being included in the Class?
- I’m still not sure if I’m a Class Member. What do I do?
- How do I stay in the Class?
- How do I exclude myself from the Class?
- What happens if I exclude myself from the Class?
- As a Class Member, who represents me in this case?
- How will the lawyers be compensated? Will the Class Representatives receive any money?
- Should I get my own lawyer?
- How and when will the Court decide who is right?
- Do I have to come to the trial?
- How do I get more information?
What is the lawsuit about?
The name of the lawsuit is Maldonado v. Apple Inc., et al., and it is pending in the United States District Court for the Northern District of California (Case No. 3:16-cv-04067-WHO). Plaintiffs’ claims arise out of two extended service plans offered by Apple Inc.: AppleCare+ and its predecessor AppleCare Protection Plan.
The terms and conditions for AppleCare Protection Plan and AppleCare+ provide that when a customer seeks service for a covered iPhone or iPad due to a hardware defect or accidental damage, Apple Inc. will either repair the device or replace it with a device that is either “new or equivalent to new in performance and reliability.” One of the types of replacements customers can receive under AppleCare Protection Plan and AppleCare+ is a remanufactured iPhone or iPad. Plaintiffs allege that remanufactured devices are not “equivalent to new in performance and reliability” and assert claims against Defendants for breach of contract, alleged violations of the Magnusson-Moss Warranty Act and Song-Beverly Consumer Warranty Act, and alleged violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200.
The operative Complaint is available here.Back To Top
What is Defedants’ response?
Defendants deny that they did anything wrong. The Court has not found that Defendants engaged in any wrongdoing. Defendants’ answer to the operative Complaint is available here.Back To Top
What are Plaintiffs asking for?
Plaintiffs are asking the Court to award Class members monetary damages equal to the difference in value, if any, between the replacement iPhone or iPad they received and the value of a new or equivalent to new iPhone or iPad they were promised. Defendants dispute that Plaintiffs are entitled to any relief in the case, and also dispute that Plaintiffs are entitled to an award of monetary damages.Back To Top
What has happened in the lawsuit?
Plaintiffs filed this action on July 20, 2016. Plaintiffs amended their complaint on November 14, 2016, which Defendants moved to dismiss. On March 2, 2017, the Court granted Defendants’ motion as to Plaintiffs’ fraud- and omission-based claims, and Plaintiffs elected not to file another amended complaint. The Court’s Order granting Class Certification is available here.
On September 16, 2019, the Court granted Plaintiffs’ motion for class certification and certified the following Class:
“All individuals who purchased AppleCare [Protection Plan] or AppleCare+, either directly or through the iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement Device.”
The Court has not made any determinations as to the merits of Plaintiffs’ claims or Defendants’ defenses to those claims. No money or benefits are available now, and there is no guarantee that money or benefits will be obtained. Plaintiffs must prove their claims against Defendants at a trial. The Court has not yet scheduled the trial date. (See FAQ 15.)Back To Top
What is a class action and who is involved?
In a class action lawsuit, one or more people called the “plaintiffs” sue on behalf of other people who have similar claims, called the “class members.” In certifying a class, the court appoints the plaintiffs to serve as “class representatives.” For the purposes of a class action lawsuit, one court will resolve the issues for all class members, except for those people who properly exclude themselves from the lawsuit, as described in FAQ 10.Back To Top
Am I part of the Class?
The Court has decided that, unless you request to be excluded, you are a member of the Class if you purchased AppleCare or AppleCare+, either directly or through the iPhone Upgrade Program, on or after July 20, 2012, and received a remanufactured replacement Device.Back To Top
Are there exceptions to being included in the Class?
Yes. The Class excludes Class Counsel, any employees of Class Counsel, any officers, directors, or employees of Defendants’ and Defendants’ counsel, and the judge presiding over this case (as well as members of his or her immediate family and staff). The Class will also exclude anyone who properly requests to be excluded (see FAQ 10).Back To Top
I’m still not sure if I’m a Class Member. What do I do?
If you are still not sure whether you are included in the Class, you can get free help by calling or writing to the lawyers in this case at the phone number or address listed in FAQ 12.Back To Top
How do I stay in the Class?
You do not have to do anything to stay in the Class. By doing nothing, you will keep the possibility of getting money or benefits, if any, from this lawsuit. If you stay in the Class and Plaintiffs obtain money or benefits, you will be notified about how to apply for a share. If you do nothing now, regardless of whether Plaintiffs win or lose, you will give up your right to sue or continue to sue Defendants as part of any other lawsuit about the same legal claims in this lawsuit. By staying in the Class, you will also be legally bound by all of the orders the Court issues and the judgment the Court makes in this lawsuit.Back To Top
How do I exclude myself from the Class?
If you do not want to be a member of the Class, you can exclude yourself from (or “opt out” of) the Class by clicking here.
You can also opt out by sending a letter by mail to the Class Action Administrator. The exclusion letter must include:
- Your full name, address, and email;
- The name of this case: Maldonado v. Apple Inc., et al., Case No. 3:16-cv-04067-WHO; and
A clear statement that you want to be excluded from the Class.
The exclusion letter or form must be signed and dated, and postmarked no later than May 3, 2021. You must mail your exclusion letter to:
Maldonado v. Apple Inc., et al.Back To Top
P.O. Box 6659
Portland OR 97228-6659
What happens if I exclude myself from the Class?
If you exclude yourself from the Class, you won’t get any money or benefits from this lawsuit, if any are awarded. By excluding yourself, however, you will retain any right you may have to sue Defendants about the same claims alleged in this lawsuit at your own expense.Back To Top
As a Class Member, who represents me in this case?
The Court has appointed Plaintiffs Justin Carter and Vicky Maldonado as Class Representative and the following lawyers to represent you and other Class members:
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
These lawyers are called “Class Counsel.” You may contact Class Counsel by writing to the address above, sending an email to email@example.com, or calling 1-206-623-7292.Back To Top
How will the lawyers be compensated? Will the Class Representatives receive any money?
Class Counsel represents the Class on a contingency-fee basis, which means that Class members do not incur any legal fees or out-of-pocket expenses. Class Counsel will request the Court to approve an award of attorneys’ fees and reimbursement of expenses. Class Counsel reserve the right to seek up to 30% of any future recovery that may occur in this Action. They also may ask for reasonable additional incentive awards for the Class Representatives from any future recovery that may occur in this Action. If approved, these fees, expenses, and incentive awards will be paid from any judgment if Plaintiffs win at trial.Back To Top
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer, you will have to pay that lawyer. If you hire your own lawyer, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.Back To Top
How and when will the Court decide who is right?
Plaintiffs will have to prove their claims against Defendants at a trial, and Defendants will also have an opportunity to prove their defenses. The Court has scheduled a trial date of August 16, 2021. To check on the status of the trial date, please check this website for updates.
During the trial, the jury will hear all of the evidence to help the Court reach a decision about whether Plaintiffs or Defendants are right about the claims in the lawsuit.Back To Top
Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present Plaintiffs’ claims, and Defendants will present the defenses to those claims. You or your own lawyer are welcome to come at your own expense.Back To Top
How do I get more information?
If you have any questions, you may contact Class Counsel listed above or the Class Action Administrator at 888-490-0557. Certain case documents are available for your review on the Documents page of this website.
Complete copies of public pleadings, Court rulings, and other filings are available for review by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the Clerk’s office. The address is United States District Court, San Francisco Courthouse, Courtroom 2 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. The Honorable William H. Orrick is overseeing the Action.
Please do not contact the Judge, Defendants, or Defendants’ attorneys regarding this matter.Back To Top