Shay v. Apple Inc.

The deadline to submit a claim form expired on Monday, January 8, 2024.


Did you purchase an App Store & iTunes Gift Card in California between May 1, 2017 and February 28, 2018, or in the United States between March 1, 2018 and July 31, 2020? If so, you may be eligible for compensation from a class action settlement.


What is the Lawsuit About?

Plaintiff brought claims for negligent misrepresentation and violation of California consumer protection laws based on various representations and omissions regarding the value and security of App Store & iTunes Gift Cards.

Apple maintains that it did nothing wrong and denies that it made any misrepresentations or omissions regarding App Store & iTunes Gift Cards. Apple asserts numerous defenses to the claims in this case. The proposed Settlement to resolve this Lawsuit is not an admission of guilt or any wrongdoing of any kind by Apple, and it is not an admission by Apple of the truth of any of the allegations in the Lawsuit.


How do I know if I am part of the Settlement?

The Court has decided that everyone who fits the following descriptions is a Class Member, and is thus included in the Settlement:

Nationwide Class” shall mean all consumers who purchased an Eligible Gift Card in the United States from March 2018 to July 2020, whose Eligible Gift Card was subject to a redemption attempt prior to activation, whose gift card was redeemed by an unknown third party prior to attempted redemption by the consumer or intended user, and who did not receive a refund or replacement gift card from Defendants or any third party; and

California Subclass” shall mean all consumers who purchased an Eligible Gift Card in the State of California from May 2017 to February 2018, whose gift card was subject to a redemption attempt prior to activation, whose gift card was redeemed by an unknown third party prior to attempted redemption by the consumer or intended user, and who did not receive a refund or replacement gift card from Defendants or any third party.

Excluded from the Class are Defendants, their parents, subsidiaries, affiliates, officers, directors, and employees; any entity in which Defendants have a controlling interest; and all judges assigned to hear any aspect of this litigation, as well as their staff and immediate family members.


What Does the Settlement Provide?

The Parties to the Lawsuit have agreed to a $1.8 million Settlement. After deducting any Court-approved Service Award, Apple will provide to the Settlement Administrator information for all Class Members for whom it has records. The Settlement Administrator will contact all such Class Members via email or U.S. mail, and will additionally publish notice of this Settlement in print publications and in a digital media campaign. The Settlement Administrator will evaluate all claims by potential Class Members to determine their validity and eligibility and will determine the Class Payment that will be made available to Class Members.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT


FILE A CLAIM
DEADLINE: JANUARY 8, 2024
The Parties to the Lawsuit have settled for $1.8 million. If you purchased an App Store & iTunes Gift Card between May 2017 and February 2018 in California, or March 2018 to July 2020 anywhere in the United States (including California), and the App Store & iTunes Gift Card you purchased was redeemed by an unknown third party before you or the intended recipient of your App Store & iTunes Gift Card attempted to redeem it, and you did not receive a refund or replacement gift card from Defendants or any third party, you are eligible to file a claim for the amount equal to the face value of the eligible App Store & iTunes Gift Card(s) you purchased. Please note that you will only qualify as a Class Member if the independent Settlement Administrator confirms that the App Store & iTunes Gift Card(s) that are the subject of your claim were subject to a redemption attempt prior to the card’s activation. Please also note that the Class Payments may be reduced depending on the number of valid claims. Final payment amounts will be calculated and distributed based on the total number and value of valid claims submitted by Class Members.

If you are a Class Member, you have the option of electing to receive a Class Payment by ACH transfer or by check.

If you decide to stay in the Class, you will give up the right to sue Apple in a separate lawsuit related to the subject matter of the claims in the Lawsuit. The Released Claims are described in more detail in Section 8 of the Settlement Agreement available on the COURT DOCUMENTS PAGE.
ASK TO BE EXCLUDED (OPT OUT)
DEADLINE: JANUARY 8, 2024
If you decide to opt out of this Settlement, you will keep the right to sue Apple at your expense in a separate lawsuit related to the subject matter of the claims this Settlement resolves, but you give up the right to get a Class Payment from this Settlement.

This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Apple related to the subject matter of the claims in this Lawsuit. If you opt out of this Settlement and the Settlement is approved, you will no longer be represented by Class Counsel.
OBJECT TO THE SETTLEMENT
DEADLINE: JANUARY 8, 2024
If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement.

You may object to the Settlement, and if the Settlement is approved by the Court, you may still be able to receive a Class Payment.
GO TO A HEARING ON:
FEBRUARY 28, 2024
You may object to the Settlement and ask the Court for permission to speak at the Final Approval Hearing where the Parties will request that the Final Approval Order be entered approving the Settlement.

You may object to the Settlement and speak at the Final Approval Hearing, and if the Settlement is approved by the Court, you may still be able to receive a Class Payment.