Between two and three million Quebecers could soon win $150 million against Apple as part of “Batterygate.” In this case related to an iPhone battery problem, Americans and Canadians have already been awarded more than $510 million.
Anyone who had one or two of the iPhone 5, 6 or 7 variables in September 2017 may remember this. An update to the operating system then slowed the operation of these devices everywhere in the world.
“I couldn't even check my emails and photos, it was too slow. “This is pretty radical in terms of program obsolescence,” says Simon St-Onge, a former Apple customer, still surprised six years later.
Online forums were overflowing with testimonials. The main hypothesis: The famous iOS 10.2.21 update hid the real problem, which was that the tech giant knew its batteries were aging too quickly.
Tim Cook recognized this. Subpoenaed before Congress in Washington in early 2018, the Apple boss admitted that “the iPhone will return to normal by replacing a battery with high chemical age with a new one.”
The $2.9 trillion multinational has just settled for $500 million in the US to avoid trial. This is one of the highest amounts a company has ever paid for an IT problem.
The Gauls of Quebec
In Canada, a similar case was settled out of court this week – January 14 – for $14 million. Things will be more complicated in Quebec, where a $150 million class action lawsuit is pending trial.
Apple wants to cover “the problems of premature battery degradation” with a global update of a “planned, occult and systemic nature,” writes Me Benoît Gamache in the lawsuit.
The lawyer is seeking $67 million for the loss of performance and $48 million for the battery, to which he adds $10 in punitive damages per phone, “given the extent of Apple's fault and ability to pay.”
The lawsuit puts the number of iPhones affected by the problem in Quebec at 3.5 million. This number could be scientifically calculated by collecting emails linked to the 2.4 million Apple IDs in the territory.
All affected Quebecers can hope for compensation, believes Mr. Gamache. After all, the multinational has already admitted its actions elsewhere in the world.
“Stunning and absurd”
“Apple told me I could use my phone with the update, but it became unusable. It’s absurd,” says Simon St-Onge, whose name appears as a plaintiff at the top of the lawsuit.
The law doctoral student representing all Quebecers in this case hallucinates: “They get caught with their pants down and continue to lie to everyone.”
The iPhone 5s with version 10.2.21, which a judge will soon hear about, is also the last. Since 2017 it has switched to Android.
What is “Batterygate”?
Amounts paid by Apple in cases related to the same battery issue
California: $113 million
Arizona: $5 million
France: 25 million euros
Italy: 15 million euros
United States: $500 million
Canada: US$14 million (excluding Quebec)
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