Powerbeats 2 owners are in line for a payout after Apple agreed to pay $9.75M to settle a class action lawsuit.
The lawsuit claimed that Apple misrepresented both the battery life and the sweat resistance of the wireless in-ear headphones …
The name of the lawsuit is Simmons et al. v. Apple Inc., Case No. 17-cv-312251, pending in the Superior Court of the State of California, County of Santa Clara. The lawsuit alleges that Powerbeats 2 contained a defect, causing them to stop working and fail to retain a charge after minimal usage. Plaintiffs claim that as a result of the defect Apple misrepresented the battery life of Powerbeats 2 and that Powerbeats 2 earphones were sweat & water resistant. Plaintiffs also claim that Apple did not properly repair or replace defective Powerbeats 2 within the one-year limited warranty period. The Court has not decided in favor of either party. Instead, both sides have agreed to the Settlement. Apple denies all allegations and is entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.
Anyone who bought a pair of Powerbeats 2 before August 7 2020 is eligible for a share of the payout.
It’ll come as no surprise that the lawyers will take a huge chunk of the sum. In total, for fees and expenses, they are asking a court to agree to them deducting around $3.7M of the $9.75M total.
Assuming a court approves both the settlement agreement and the legal fees, then Engadget reports an estimated payout for each Powerbeats 2 owner:
If you don’t have proof of purchase, you’ll need to provide details of where and when you bought them. If it was from an Apple Store, Apple will use its records to verify the purchase.
If you’re eligible, you’ll need complete a claim form no later than November 20 this year. Claims are limited to one per household. A court hearing has been scheduled for January 15, and if all goes to plan the payout will be made sometime after that.
Powerbeats 2 owners have two ways to make a claim. If you bought the headphones from Apple, your details may already have been passed to lawyers Angeion Group, in which case you’ll be sent a claim identification number and confirmation code. In that case, you just enter the two numbers here.
You can find more information, including your rights to opt-out or object to the legal fees, at this microsite.
Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!
World news – US – Powerbeats 2 owners in line for $76 payout after lawsuit – 9to5Mac