A Settlement has been reached with Apple Inc. (“Apple”) in a class action lawsuit 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.
Apple denies all of the allegations made in the lawsuit, denies that any MacBooks are defective, and denies that Apple did anything improper or unlawful. The proposed Settlement is not an admission of guilt or wrongdoing of any kind by Apple. The United States District Court for the Northern District of California approved this notice.
Why am I receiving this notice?
Apple’s records indicate that you may be a member of the Settlement Class and may be eligible to receive a payment. The Settlement Class includes all persons and entities in the United States who purchased, other than for resale, an Apple MacBook, MacBook Pro, or MacBook Air laptop model equipped with a “Butterfly” keyboard between 2015 and 2019 (the “Class Computers”) (a list of qualifying Class Computer models is available here). You are eligible to submit a claim for payment if you: (1) purchased a Class Computer; (2) obtained a qualifying keyboard repair from Apple or an Apple Authorized Service Provider; and (3) the repair did not resolve your keyboard issues.
What does the Settlement provide?
Apple has agreed to pay $50 million into a Settlement Fund. After deducting Court-approved attorneys’ fees (up to 30% of the Settlement Fund) and expenses, service awards (up to $5,000 to each of the 12 individual class representatives), and the costs of notice and settlement administration, the net Settlement Fund will be distributed to Settlement Class Members based on the type and number of keyboard repairs they obtained, and other factors. For more information about how distributions will be made to Settlement Class Members, please visit www.KeyboardSettlement.com.
What types of repairs are covered by the Settlement?
The Settlement covers Topcase Replacements, which refers to the replacement of the full keyboard module (including the battery, track pad, speakers, topcase, 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. Group 1 Settlement Class Members received at least two Topcase Replacements. Group 2 Settlement Class Members received a single Topcase Replacement that did not resolve their keyboard issues. Group 3 Settlement Class Members received one or more Keycap Replacements that did not resolve their keyboard issues. You may be a Group 2 or 3 Settlement Class Member.
What are the expected payments?
The amount of the payments for each Group will vary depending on the number of valid claims received. Group 1 Settlement Class Members are estimated to receive a payment between $300 and $395. Eligible Group 2 Settlement Class Members are estimated to receive up to $125 and eligible Group 3 Settlement Class Members are estimated to receive up to $50. We will not know the final amounts that each Group will receive until all claims are evaluated. Please be patient.
How do I file a claim?
To file a claim, click here. You will be required to provide reasonable documentation that you obtained a qualifying keyboard repair. You must also declare that the information in the Claim Form is accurate and that the keyboard repair did not resolve your keyboard issue. Your claim must be submitted electronically or postmarked no later than March 6, 2023 in order to be considered for payment. See the Claim Form and Instructions for detailed information about what is required to submit a claim and what qualifies as reasonable documentation.
What are my other options?
You can do nothing, exclude yourself, or object. 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 February 10, 2023. Unless you exclude yourself, you will give up the right to sue or continue to sue Apple for any claim regarding the subject matter of the claims in this case. 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 Final Approval Hearing—at your own cost—but you don’t have to. Objections and requests to appear are due by February 10, 2023. The Final Approval Hearing will be held on March 16, 2023, at 9:00 a.m., in Courtroom 4, of the San Jose federal courthouse, located at 280 South 1st Street, San Jose, CA 95113, or via Zoom Webinar.
More information about these options is in the detailed notice available at www.KeyboardSettlement.com, or you may contact Class Counsel with any questions:
Simon S. Grille. Telephone: (415) 981-4800; email: KeyboardSettlement@girardsharp.com
Steve Schwartz. Telephone: (610) 642-8500; email: KeyboardSettlement@chimicles.com
You may also access the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at any of the Court’s locations between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT CALL THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
BY ORDER OF THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA