$9.75M Apple Settlement for Defective Powerbeats Earbuds
If you have purchase Powerbeats 2 earbuds before August 7th, you could soon get a payout because the device is allegedly “defective.” Apple has agreed to pay out $9.75 million for this Powerbeats settlement, after it was accused of falsely advertising the so-called “shoddy” earbuds as “sweat & water resistant” and “built to endure.” Plaintiffs say that these claims weren’t true, and that the earbuds would stop holding their charge after “minimal use.”
Apple denies the allegations of unlawful conduct, any wrongdoing, any liability and that any Class Member is entitled to any relief. The Court has not decided that the Representative Plaintiffs or Apple should win this Action or any of the other pending actions. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all. Eligible members could get as much as $189.
Eligibility
All persons residing in the United States who purchased Powerbeats 2 earphones not for resale before August 7, 2020 are eligible for this settlement.
The Settlement Class excludes employees, officers and directors of Apple, members of the immediate families of the officers and directors of Apple, and their legal representatives, heirs, successors or assigns, and any entity in which they have a controlling interest. Also excluded from the Class are the Court, and the Court’s staff, as well as their heirs, successors or assigns and all persons who submit valid requests to be excluded from the settlement.
How Much You Get
Apple has agreed to pay a total of $9,750,000. Award to Representative Plaintiffs for bringing this Action, and the costs of the Settlement Administrator for providing notice to the Class of the Settlement and administering the Settlement are expected to total approximately $3,735,500.
The actual amount of the cash settlement distributed to each Class Member will be determined by whether the Claimant provides the Settlement Administrator a Proof of Purchase, whether Apple has a record of the Class Member obtaining a warranty repair or replacement on a Powerbeats 2, and the number of qualifying Claims approved by the Settlement Administrator. Cash settlements are limited to one per household.
The payout for each class member will be made in a point basis. The value of each point is based on the amount of claims.
| Number of Proofs of Purchase or Records of Warranty Repairs or Replacements | Points |
|---|---|
|
1 point |
|
2 points |
|
2 points |
|
2 points |
|
4 points |
|
6 points |
If the Court awards Plaintiffs’ Counsel the full amount of attorneys’ fees and costs that they seek, if there are 150,000 points claimed, each Authorized Claimant will receive approximately $40.10 per point he or she claimed. If there are such 300,000 points claimed, each Authorized Claimant will receive approximately $20.04 per point he or she claimed. The most a Class Member can receive is $189, unless he or she submits multiple valid Proofs of Purchase; then the most that Class Member could receive would be $189 per Proof of Purchase.
You must file a claim by November 20, 2020. You can also read more details about the settlement here.
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