The iPhone Compensation Claim Against Apple Inc.

Charles Lyndon and consumer rights champion Justin Gutmann have launched a ground-breaking lawsuit worth approximately £853 million against technology giant Apple on behalf of 23.8 million iPhone users in the UK.

 Mr Gutmann alleges that Apple introduced a power management function to disguise the fact that iPhones were suddenly shutting down as a result of the batteries being unable to cope with processing demands. Apple encouraged users to install iOS updates which had this power management function concealed within them.

Mr Gutmann is the proposed class representative. A class representative is a person who acts on behalf of all members of the class. He is responsible for making sure their interests are put first throughout the conduct of the claim.

 Mr Gutmann’s main responsibilities will be to act in the best interest of the class and to act fairly and adequately, in order to obtain the best possible outcome for the Class Members.

 Once approved by the Competition Appeal Tribunal, Mr Gutmann will conduct the claim against Apple on behalf of all class members, except for those who opt-out.

In ‘opt-out’ class proceedings such as this, the claims are brought on behalf of a defined group of persons, but those persons do not have to be personally identified, nor do they have to opt-in to the proceedings.

Those persons within the class who are domiciled in the UK are automatically included in the ‘opt-out’ class proceedings unless they follow specific steps to opt-out. This proposed collective claim is brought on an opt-out basis for individuals domiciled in the UK.

Mr Gutmann claims that Apple misled nearly 24 million UK iPhone users by failing to inform users about the performance management function that was secretly included in an iOS update and throttled iPhone performance by up to 58%.

 It is alleged that Apple introduced this perfomance management function to disguise the fact that iPhones were suddenly shutting down as a result of the batteries being unable to cope with processing demands. Apple encouraged users to install iOS updates which had this power management function concealed within them.

I’m  launching this case so that millions of iPhone users across the UK will receive redress for the harm suffered by Apple’s actions. If this case is successful, I hope dominant companies will re-evaluate their business models and refrain from this kind of conduct.

Justin Gutmann

If Mr Gutmann is successful, up to 23.8 million UK consumers who bought an iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE, iPhone 7, or iPhone 7 Plus would be entitled to compensation for each model owned. As an opt-out claim, consumers will not need to actively join the case to seek damages. Instead, they will be part of the claim unless they decide to opt out from it.