Between two and three million Quebecers could soon win $150 million against Apple in the context of “Batterygate”. More than $510 million has already been awarded to Americans and Canadians in this case linked to an iPhone battery problem.
Those who, in September 2017, had one or another of the variables of the iPhone 5, 6 or 7 may remember it. An update to the operating system then slowed down the operation of these devices everywhere on the planet.
“I couldn’t even check my emails and photos, it was too slow. It’s quite radical in terms of programming obsolescence,” says Simon St-Onge, a former Apple customer, still surprised six years after the fact.
PHOTO provided by Simon St-Onge
Online forums were overflowing with testimonials. The main hypothesis: the famous iOS 10.2.21 update hid the real problem, that is, that the tech giant knew that its batteries were aging too quickly.
Tim Cook recognized this. Summoned to Congress in Washington at the beginning of 2018, the Apple boss admitted that “the iPhone returns to normal by replacing a battery of high chemical age with a new one.”
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The multinational, which is worth US$2.9 trillion, has just settled for $500 million in the United States to avoid a trial. This is one of the largest amounts ever paid by a company for an IT problem.
The Gauls of Quebec
In Canada, a similar case was settled out of court this week – on January 14 – for $14 million.
Apple wanted to “cover the problems of premature battery degradation” with a global update of a “planned, occult and systemic nature”, writes Me Benoît Gamache in the pursuit.
The lawyer is asking for $67 million for the loss of performance and $48 million for the battery, to which he adds $10 in punitive damages per phone “given the extent of the fault and Apple’s ability to pay.”
The lawsuit puts the number of iPhones affected by the problem in Quebec at 3.5 million. This number was able to be calculated scientifically by obtaining emails linked to the 2.4 million Apple IDs in the territory.
All Quebecers concerned can hope for compensation, believes Mr. Gamache. After all, the multinational has already admitted its action elsewhere in the world.
“Mind-blowing and absurd”
“Apple told me the update would allow me to use my phone, but it became unusable. It’s absurd,” says Simon St-Onge, whose name appears at the top of the lawsuit as a plaintiff.
The doctoral student in law, who represents all Quebecers in the case, hallucinates: “They are caught with their pants down and continue to lie to everyone”.
The iPhone 5s operated by version 10.2.21 which a judge will soon hear about is also its last. It has moved to Android since 2017.
What is “Batterygate”?
Amounts paid by Apple in cases related to the same battery problem
- California: US$113 million
- Arizona: US$5 million
- France: €25 million
- Italy: €15 million
- United States: US$500 million
- Canada: $14M (except Quebec)