Fwd: Reminder: Notice of Settlement to Claims-Made Class Members

[Stuart Cracraft]

Begin forwarded message:

From: "Shamrell v. Apple Inc. Settlement Administrator" <donot...@e.powerbuttonclassaction.com>

Subject: Reminder: Notice of Settlement to Claims-Made Class Members

Date: February 26, 2020 at 3:56:51 PM PST

To: smcra...@me.com

Claim ID: 10744711301

Notice of Settlement to Claims-Made Class Members

iPhone Sleep/Wake Button Class Action Settlement - Submit a Claim Form for up to $24 per device at www.powerbuttonclassaction.com to receive your settlement payment. A settlement has been reached with Apple, Inc. ("Apple") in a class action lawsuit alleging that Apple sold the iPhone 4, iPhone 4S and iPhone 5 with defective sleep/wake (power) buttons and failed to disclose (or insufficiently disclosed) this defect to purchasers in violation of various California state laws. Apple denies all of the allegations made in the lawsuit, and denies that Apple did anything improper or unlawful. Apple has asserted numerous affirmative defenses to the claims in this case. The proposed settlement is not an admission of any wrongdoing by Apple. Who's Included? The settlement includes (1) all California citizens who purchased one or more iPhone 4 or 4S smartphones from Apple or a third-party retailer, from June 24, 2010 through October 10, 2011 for the iPhone 4, and from October 11, 2011 through September 20, 2012 for the iPhone 4S, and whose sleep/wake (power) button stopped working or worked intermittently during a one year period from date of purchase, and (2) all California citizens who purchased one or more iPhone 5 smartphones from Apple or a third-party retailer prior to April 1, 2013, and whose sleep/wake (power) button stopped working or worked intermittently during a three year period from date of purchase (together "Class Members"). People who have already had their Class Device repaired or replaced by Apple for free because of a non-working sleep/wake button are excluded from the Class. What Does the Settlement Provide? A $20 million Settlement Fund has been established by Apple in this settlement. After deducting Court-approved attorneys' fees and expenses, service awards, and the costs of settlement notice and administration, the net Settlement Fund will be made available to Class Members who submit valid Claim Forms (and to those Class Members for whom Apple has a record of a reported issue with the sleep/wake button on their Class Device, but no record that Apple has already repaired or replaced that Class Device for free). Your payment amount could be as much as $24 per Class Device. Final payments will be calculated and distributed based on the total number of Class Members who submit valid Claim Forms (and the number of Class Members for whom Apple has a record of a reported issue with the sleep/wake button on their Class Device, but no record that Apple has already repaired or replaced that Class Device for free). How Do You Get a Payment? You must complete and submit a valid Claim Form by March 23, 2020. Claim Forms may be submitted online at www.powerbuttonclassaction.com, or printed from the website and mailed to the address on the form. Claim Forms are also available by calling 1-855-336-4060. Your Other Options. If you do nothing, your rights will be affected and you won't get a payment. If you don't want to be legally bound by the settlement, you must exclude yourself from it by January 4, 2020. Unless you exclude yourself, you won't be able to sue or continue to sue Apple for any claim made in this lawsuit or released by the Settlement Agreement. If you stay in the settlement (i.e., don't exclude yourself), you may object to it or ask for permission for you or your own lawyer to appear and speak at the hearing—at your own cost—but you don't have to. Objections and requests to appear are due by December 31, 2019. More information about these options is in the detailed notice available at www.powerbuttonclassaction.com.

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