The iPhone Compensation Claim Against Apple Inc.

Charles Lyndon and consumer rights champion Justin Gutmann has launched a ground-breaking lawsuit worth approximately £786 million against technology giant Apple on behalf of 26.1 million UK iPhone users.

Gutmann alleges that Apple introduced this tool to disguise the fact that iPhone batteries were unable to cope with new iOS processing demands, which caused sudden shutdowns. To combat the problem, rather than undertake a product recall and repair process to replace the batteries, Apple instead encouraged users to install iOS updates which had a power management tool 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 Inc. 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 26.1 million UK iPhone customers with iOS updates, by claiming they would improve their iPhone’s performance when the throttling tool instead reduced iPhone performance by up to 58%.

It is alleged that Apple introduced this tool to disguise the fact that iPhone batteries were unable to cope with new iOS processing demands, which caused sudden shutdowns. To combat the problem, rather than undertake a product recall and repair process to replace the batteries, Apple instead encouraged users to install iOS updates which had a power management tool 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 26.1 million UK customers who bought an iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus or an iPhone X, would be entitled to compensation for each model owned. As an opt-out claim, customers 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.