The Asian Age

Apple to pay up to $500 million to settle US lawsuit

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● APPLE HAS been accused of quietly slowing down older iPhones as it launched new models, to induce owners to buy replacemen­t phones or batteries.

California, March 3: Apple Inc has agreed to pay up to $500 million to settle litigation accusing it of quietly slowing down older iPhones as it launched new models, to induce owners to buy replacemen­t phones or batteries.

The preliminar­y proposed class-action settlement was disclosed on Friday night and requires approval by U.S. District Judge Edward Davila in San Jose, California.

It calls for Apple to pay consumers $25 per iPhone, which may be adjusted up or down depending on how many iPhones are eligible, with a minimum total payout of $310 million.

Apple denied wrongdoing and settled the nationwide case to avoid the burdens and costs of litigation, court papers show.

The Cupertino, California-based company did not immediatel­y respond on Monday to requests for comment.

Friday's settlement covers U.S. owners of the iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7Plus or SE that ran the iOS 10.2.1 or later operating system. It also covers U.S. owners of the iPhone 7 and 7 Plus that ran iOS 11.2 or later before Dec. 21, 2017.

Consumers contended that their phones' performanc­e suffered after they installed Apple software updates. They said this misled them into believing their phones were near the end of their lifecycles, requiring replacemen­ts or new batteries.

Apple attributed the problems mainly to temperatur­e changes, high usage and other issues, and said its engineers worked quickly and successful­ly to address them.

Analysts sometimes refer to the slowing of iPhones as "throttling."

Lawyers for the consumers described the settlement as "fair, reasonable, and adequate."

They called payments of $25 per iPhone "considerab­le by any degree," saying their damages expert considered $46 per iPhone the maximum possible.

The lawyers plan to seek up to $93 million, equal to 30% of $310 million, in legal fees, plus up to $1.5 million for expenses.

Following an initial outcry over slow iPhones, Apple apologized and lowered the price for replacemen­t batteries to $29 from $79.

On January 9, 2007, Steve Jobs, the founder of Apple who died in 2011, announced the first iPhone at the Macworld convention, receiving substantia­l media attention. On June 29, 2007, the first iPhone was released

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