Last Updated: 8/6/2012
Download Acrobat ReaderAdobe Reader is free and is required to view and print documents on this site.
What is this lawsuit about?
The Court has not yet decided whether Plaintiffs or Apple is correct.
Why is this a class action?
Three individuals who bought iPods have sued Apple seeking to recover money for themselves and other people who bought iPods. On November 22, 2011, the Court allowed the case to proceed as a class action for all persons and entities that purchased one of the iPod models, listed below, directly from Apple between September 12, 2006 and March 31, 2009. All these people are a Class or Class Members. The Court will resolve the issues in the case for all Class Members, except for those who choose to exclude themselves from the Class.
Who is included in the Class?
The Court decided that everyone who fits the following description is a Class Member: All persons or entities in the United States (excluding federal, state and local governmental entities, Apple, its directors, officers and members of their families) who purchased one of the iPod models listed below directly from Apple between September 12, 2006 and March 31, 2009 (“Class Period”).
A list of iPod models covered by the Class Definition are as follows:
iPod Standard, Classic, Special Models
iPod (5th generation) 30 GB
iPod (5th generation) 80 GB
iPod U2 Special Edition 30 GB
iPod Classic 120 GB
iPod Classic 80 GB
iPod Classic 160 GB
iPod (5th generation) 60 GB
iPod shuffle Models
iPod shuffle (2nd generation) 1 GB
iPod shuffle (2nd generation) 2 GB
iPod shuffle (3rd generation) 4 GB
iPod shuffle (1st generation) 1 GB
iPod shuffle 512 MB
iPod touch Models
iPod touch 8 GB
iPod touch 16 GB
iPod touch 32 GB
iPod touch (2nd generation) 8 GB
iPod touch (2nd generation) 16 GB
iPod touch (2nd generation) 32 GB
iPod nano Models
iPod nano (2nd generation) 2 GB
iPod nano (2nd generation) 4 GB
iPod nano (2nd generation) 8 GB
iPod nano (3rd generation) 4 GB
iPod nano (3rd generation) 8 GB
iPod nano (4th generation) 4 GB
iPod nano (4th generation) 8 GB
iPod nano (4th generation) 16 GB
iPod nano (1st generation) 1 GB
iPod nano (1st generation) 2 GB
iPod nano (1st generation) 4 GB
What are Plaintiffs asking for?
Plaintiffs are seeking to recover money for themselves and the Class based on Plaintiffs’ claim that Apple’s software updates violated federal and state antitrust laws and caused iPod prices to be higher than they otherwise would have been. Apple claims that Plaintiffs should recover no money because it has not violated the law and the software updates challenged by Plaintiffs improved its products, were good for consumers, and did not increase iPod prices.
Is there any money available now?
No money is available now because the Court has not yet decided whether Apple has done anything wrong, and the two sides have not settled the case. There is no guarantee that any money will ever be available. If it is, you will be notified about your rights regarding any recovery.
What happens if I do nothing at all?
If you do not do anything now you will remain a member of the Class. If you stay in the Class and the Plaintiffs obtain benefits, either as a result of a trial or a settlement, you will be notified about how to seek a share of those benefits. If you do nothing, you will be bound by the Court’s orders and will lose any right you may have to sue Apple over the claims in this case. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in the Class Action, including any judgment against Plaintiffs and in favor of Apple.
Why would I ask to be excluded?
If you would like to pursue your own lawsuit or claim against Apple for the claims in this case, do not want to be bound by what the Court does in this case, or if you simply do not want to be part of the Class pursuing claims against Apple, you need to ask to be excluded from the Class. If you exclude yourself from the Class – which also means to remove yourself from the Class, and is sometimes called “opting-out” of the Class – you will not be legally bound by the Court’s judgments in this Class Action, and will keep any right you may have to later sue Apple for the claims being made in the case. If you exclude yourself, you also will not get any benefits from this lawsuit, if there are any.
How do I ask the Court to exclude me from the Class?
You no longer have the option to exclude yourself from the Class. Requests for exclusion had to be postmarked no later than July 30, 2012.
Do I have a lawyer in this case?
The Court has appointed Robbins Geller Rudman & Dowd LLP as Class Counsel in this case. The Court has determined that Robbins Geller Rudman & Dowd LLP is qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases. More information about the law firm is available at www.rgrdlaw.com.
How will the lawyers be paid?
If Class Counsel recovers any money for the Class, they will ask the Court for payment of their fees and reimbursement of their litigation costs. You will not have to pay these fees and expenses out of your own pocket. If the Court grants Class Counsel’s request, the fees and expenses will be deducted from any money obtained for the Class or paid separately by Apple.