Case name:
AppleCare Quebec Class Action
Quebec Superior Court file #:
500-06-000897-179
What this case was about:
Plaintiffs alleged that Apple violated section 228.1 of Quebec’s Consumer Protection Act when selling its “AppleCare” and “AppleCare+” extended warranties because Apple failed to inform consumers orally and in writing, of the existence and nature of the Quebec’s legal warranty provided for in sections 37 and 38 of the Consumer Protection Act. The Courts agreed that this gave rise to an arguable cause of action and authorized the class action. A copy of the Court of Appeal’s judgment confirming authorization is accessible here. The parties have since agreed to settle this class action without any admission of wrongdoing. Copies of the settlement and notice are accessible below.
AppleCare Settlement Class:
All consumers who, between December 20, 2015 and January 26, 2023, purchased AppleCare and/or AppleCare+ for an Apple product in Quebec, including but not limited to an iPhone, Apple Watch, iPad, iPod, Mac and/or MacBook and were not informed of their legal warranty under the Consumer Protection Act at the time of purchase.
Terms of the Settlement and the Addendum to the Settlement:
The Initial Settlement Agreement approved by the Court provided that Apple will pay a total of $6,000,000.00 CAD, which includes the payment of Class Counsel fees, but excludes the payment of Administration Expenses, which will be paid separately Apple.
New facts and evidence led the parties to revise the terms of the Initial Settlement. The parties have agreed to an addendum to the Initial Settlement (the “Settlement Addendum”), which provides that Apple will pay an additional amount of $18,019,876.70 CAD, bringing the total Settlement amount to $24,019,876.70 CAD , plus any interest earned, which includes the additional payment of Class Counsel fees and disbursements, but excludes the payment of Administration Expenses, which are paid separately by Apple. A copy of the Settlement Addendum and Notice are accessible below.
The Settlement Addendum, if approved by the Court, provides for benefits to be paid to Eligible AppleCare Class Members. An Eligible AppleCare Class Member is an AppleCare Class Member who purchased AppleCare in a Quebec Apple Store between the dates listed below. This specifically excludes the purchase of AppleCare by any other method.
The Settlement Agreement, including the Settlement Addendum, provides for Eligible AppleCare Class Members to:
- automatically receive $25.00 per AppleCare contract purchased in an Apple Store in Quebec between December 20, 2015 and January 26, 2023; and
- be able to submit a claim that, if approved, will provide for an additional amount of up to 50% of what they paid for their AppleCare contract(s), before sales tax, between December 20, 2015 and January 26, 2023.
Eligible AppleCare Class Members will receive these payments via an e-transfer to their last known email address that the Defendants have on file. If you received the settlement Notice by post, Apple does not have a valid email address for you on file. Please contact the Claims Administrator (RicePoint Administration Inc., now d.b.a. as Verita Global, at 1-855-662-1833) to provide information for an e-transfer. Otherwise, if the Settlement Addendum is approved, you will receive a cheque to that same address.
You may also visit the Claims Administrator’s website for more information, including on how to make a claim once the Settlement Addendum is approved by the Court: www.ConsumerWarrantyClassAction.com.
In return for the payment of the Settlement Amount, Apple will receive a release from the AppleCare Class Members and a declaration of settlement out of court of the Class Action.
The Court suspended all delays related to the claims process and administration of the Settlement Agreement and the Addendum to the Settlement Agreement until a final judgment is rendered on the application to approve the Addendum to the Settlement Agreement. The hearing to approve the Addendum to the Settlement Agreement will be held on February 27, 2025 at 2:00 p.m. in room 2.08 of the Montreal Courthouse located at 1, Notre-Dame East Street, Montreal, Quebec. You can also connect via a TEAMS link to be posted on this website before the hearing. A copy of the judgment rendered on July 24, 2024, ordering the suspension is accessible here. A copy of the judgment rendered on December 5, 2024, extending the suspension of delays and approving the dissemination of notices is accessible here.
You may also visit the Claims Administrator’s website for more information: www.ConsumerWarrantyClassAction.com.
Discontinuance of the Battery Class:
The Plaintiffs have discontinued their claims related to the Battery Class and the Court allowed the discontinuance by judgment rendered on March 19, 2024. the Battery Class and related Battery Claim have since been terminated and limitation periods are no longer be suspended. Therefore, should they so desire, Battery Class Members may pursue their own legal claims at their own expense. The Battery Class Members will not be compensated related to this claim and no release from the Battery Class will be given towards the Defendants. The Battery Class authorized by the Court of Appeal was defined as: “All consumers who purchased an iPhone from December 29, 2014”.
Documents:
