In March 2021, a class action was commenced in Quebec against Apple Canada Inc. and Apple Inc. (collectively “Defendants” or “Apple”) alleging that the “butterfly” keyboard mechanism in certain MacBook laptops is defective, and can result in characters repeating unexpectedly; letters or characters not appearing; and/or the keys feeling “sticky” or not responding in a consistent manner (the “Class Action”). Apple denies all of the allegations made in Class Action, denies that any MacBooks are defective, and denies that Apple did anything improper or unlawful.Top
The class is defined as follows:
Any physical or legal person who lives in / is domiciled in the Province of Quebec and who purchased, owns, or owned, other than for resale, a MacBook laptop sold between 2015 and 2019 equipped with a “Butterfly” keyboard (“Computer”) -or- any physical or legal person who lives in / is domiciled elsewhere but who purchased, other than for resale, such a Computer in the Province of Quebec.
(“Class” or “Class Members”)Top
Computer means any of the following Apple computer models:
The parties to this class action have reached a proposed settlement (the “Settlement Agreement”), subject to obtaining the approval of the Superior Court of Québec. The Settlement Agreement provides that the Defendants will pay a total of $6,000,000.00 CAD (the “Settlement Fund”), which includes the payment of Class Counsel fees of up to 30% of this amount ($1,800,000.00 CAD) plus taxes and disbursements, and also includes all Administration Expenses.
In return for the Settlement Fund, Defendants will receive a release from all Class Members and a declaration of settlement out of court of the Class Action.
The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault on the part of Defendants.Top
The Settlement Agreement covers Topcase Replacements, which refers to the replacement of the full keyboard module (including the battery, track pad, speakers, top case, and keyboard), and Keycap Replacements, which refers to the replacement of one or more keycaps on a keyboard and does not involve replacement of the full keyboard module. Either repair must have been performed by Apple or an Apple Authorized Service Provider.
The following Class Members will be entitled to compensation under the Settlement Agreement:
NOTE: Class Members can receive compensation only once per Computer; but any Class Member may make additional claims in the event they purchased multiple Computers that qualify for payment.Top
The Settlement Approval Hearing before the Superior Court of Québec was held on October 31st. The Judge provided their signed Order on November 23, 2023 approving the Settlement.Top
If you received a notice by email or mail indicating you are a Group 1 Class Member you do not have to take any additional steps to receive your compensation. As a Group 1 Class Member, you will receive an electronic fund transfer (“e-transfer”) of up to $545.00 CAD per Computer. This e-transfer will be sent directly to you by email at the last known email address that Apple has on record for you.
You do not need to file a claim form to receive payment under the Settlement.
No further action will be required on your part to receive the payment unless (i) you wish to modify the email address for the e-transfer or (ii) you wish to receive the funds via mailed cheque. To make these updates please click here and use your unique Claim ID and PIN provided in the notice to log into our online portal. If you no longer have your Claim ID and PIN please reach out to us directly by phone at 1-866-573-1796.
If you receive a notice by email or mail indicating you are a Group 2 or Group 3 Class Member, you must submit a claim online. Under the terms of the Settlement, eligible Group 2 Class Members will receive a payment of up to $173.00 CAD per Computer, and eligible Group 3 Class Members will receive a payment of up to $69.00 CAD per Computer. To file a claim please click here and use your unique Claim ID and PIN provided in the notice. If you no longer have your Claim ID and PIN or did not receive a Claim ID and PIN please reach out to us directly by phone at 1-866-573-1796.
The attorneys representing the Class (“Class Counsel”) are the firm of Lex Group Inc., which can be contacted at [email protected].Top
In addition to seeking the Court’s approval of the Settlement Fund pursuant to the Settlement Agreement, Class Counsel Lex Group Inc. will seek the approval of its legal fees and disbursements (the “Class Counsel Fees”). The Class Counsel Fees will be paid by Apple from the Settlement Fund described above. Class Members will therefore not be asked to support or pay for any portion of the Class Counsel Fees. You have nothing to pay.Top
A copy of the Settlement Agreement and other relevant Judgments, notices or proceedings may be found on this Settlement Website under the Documents tab. For additional information about the settlement please contact the Claims Administrator toll-free at 1-866-573-1796.Top