The Claim Against Apple
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.
Who Is involved?
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.
The iPhone Claim: Case Notes
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.
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.
Charles Lyndon: Breaking ground
Rodger Burnett, Director of Charles Lyndon, said
“Apple has millions of loyal customers in the UK but in this instance they breached the trust placed in them by their customers by not being open and transparent which led to software being installed on iPhones which made them significantly less valuable. Charles Lyndon is pleased to be working with Mr Gutmann on this case which seeks to recover compensation for these customers.”
If you have any questions about a specific case we are working on, would like to discuss us representing you or want to know more about who we are and what we do, then speak to our team. We will get back to you as soon as possible.
If you have any questions about a specific case we are working on or want to know more about who we are and what we do, then speak to our team. We will get back to you as soon as possible.